From Pop-ups to Predators: Mumbai's Encounter with Cyber Deception

Introduction

The digital expanse of the metaverse has recently come under scrutiny following a gruesome incident. In a digital realm crafted for connection and exploration, a 16-year-old girl’s avatar falls victim to an agonising assault that kindled the fire of ethno-legal and societal discourse. The incident is a stark reminder that the cyberverse, offering endless possibilities and experiences, also has glaring challenges that require serious consideration. The incident involves a sixteen-year-old teen girl being raped through her digital avatar by a few members of Metaverse. 

This incident has sparked a critical question of genuine psychological trauma inflicted by virtual experiences. The incident with a 16-year-old girl highlights the strong emotional repercussions caused by illicit virtual actions. While the physical realm remains unharmed, the digital assault can leave permanent scars on the psyche of the girl. This issue raises a critical question about the ethical implications of virtual interactions and the responsibilities of service providers to protect users' well-being on their platforms. 

The Judicial Quagmire 

The digital nature of these assaults gives impetus to complex jurisdictions which are profound in cyber offences. We are still novices in navigating the digital labyrinth where avatars have the ability to transcend borders with just a click of a mouse. The current legal structure is not equipped to tackle virtual crimes, calling for urgent reforms in critical legal structure. The Policymakers and legal Professionals must define virtual offenses first with clear and defined jurisdictional boundaries ensuring justice isn’t hampered due to geographical restrictions. 

Meta’s Accountability 

Meta, a platform where this gruesome incident occurred, finds itself at the crossroads of ethical dilemma. The company implemented plenty of safeguards that proved futile in preventing such harrowing acts. The incident has raised several questions about the broader role and responsibilities of tech juggernauts. Some of the questions demanding immediate answers as how a company can strike a balance between innovation and the protection of its users.  

The Tightrope of Ethics 

Metaverse is the epitome of innovation, yet this harrowing incident highlights a fundamental ethical contention. The real challenge is to harness the power of virtual reality while addressing the risks of digital hostilities. Society is still facing this conundrum, stakeholders must work in tandem to formulate robust and effective legal structures to protect the rights and well-being of users. This also includes balancing technological development and ethical challenges which require collective effort.  

Reflections of Society 

Beyond legal and ethical considerations, this act calls for wider societal reflections. It emphasises the pressing need for a cultural shift fostering empathy, digital civility and respect. As we tread deeper into the virtual realm, we must strive to cultivate ethos upholding dignity in both the digital and real world. This shift is only possible through awareness campaigns, educational initiatives and strong community engagement to foster a culture of respect and responsibility. 

Safer and Ethical Way Forward

A multidimensional approach is essential to address the complicated challenges cyber violence poses. Several measures can pave the way for safer cyberspace for netizens. 

• Legislative Reforms - There’s an urgent need to revamp legislative frameworks to mitigate and effectively address the complexities of these new and emerging virtual offences. The tech companies must collaborate with the government on formulating best practices and help develop standard security measures prioritising user protection.

• Public Awareness and Engagement - Initiating public awareness campaigns to educate users on crucial issues such as cyber resilience, ethics, digital detox and responsible online behaviour play a critical role in making netizens vigilant to avoid cyber hostilities and help fellow netizens in distress. Civil society organisations and think tanks such as CyberPeace Foundation are the pioneers of cyber safety campaigns in the country, working in tandem with governments across the globe to curb the evil of cyber hostilities. 
• Interdisciplinary Research: The policymakers should delve deeper into the ethical, psychological and societal ramifications of digital interactions. The multidisciplinary approach in research is crucial for formulating policy based on evidence. 

Conclusion 

The digital Gang Rape is a wake-up call, demanding the bold measure to confront the intricate legal, societal and ethical pitfalls of the metaverse. As we navigate digital labyrinth, our collective decisions will help shape the metaverse's future. By nurturing the culture of empathy, responsibility and innovation, we can forge a path honouring the dignity of netizens, upholding ethical principles and fostering a vibrant and safe cyberverse. In this significant movement, ethical vigilance, diligence and active collaboration are indispensable.

References:

• https://www.thehindu.com/sci-tech/technology/virtual-gang-rape-reported-in-the-metaverse-probe-underway/article67705164.ece
• https://thesouthfirst.com/news/teen-uk-girl-virtually-gang-raped-in-metaverse-are-indian-laws-equipped-to-handle-similar-cases/

Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction

Cybersecurity threats have been globally prevalent for quite some time now. All nations, organisations and individuals stand at risk from new and emerging potential cybersecurity threats, putting finances, privacy, data, identities and sometimes human lives at stake. The latest Data Breach Report by IBM revealed that nearly a staggering 83% of organisations experienced more than one data breach instance during 2022. As per the 2022 Data Breach Investigations Report by Verizon, the total number of global ransomware attacks surged by 13%, indicating a concerning rise equal to the last five years combined. The statistics clearly showcase how the future is filled with potential threats as we advance further into the digital age.  

Who is Okta?  

Okta is a secure identity cloud that links all your apps, logins and devices into a unified digital fabric. Okta has been in existence since 2009 and is based out of San Francisco, USA and has been one of the leading service providers in the States. The advent of the company led to early success based on the high-quality services and products introduced by them in the market. Although Okta is not as well-known as the big techs, it plays a vital role in big organisations' cybersecurity systems. More than 18,000 users of the identity management company's products rely on it to give them a single login for the several platforms that a particular business uses. For instance, Zoom leverages Okta to provide "seamless" access to its Google Workspace, ServiceNow, VMware, and Workday systems with only one login, thus showing how Okta is fundamental in providing services to ease the human effort on various platforms. In the digital age, such organisations are instrumental in leading the pathway to innovation and entrepreneurship. 

The Okta Breach

The last Friday, 20 October, Okta reported a hack of its support system, leading to chaos and havoc within the organisation. The result of the hack can be seen in the market in the form of the massive losses incurred by Okta in the stock exchange. 

Since the attack, the company's market value has dropped by more than $2 billion. The well-known incident is the most recent in a long line of events connected to Okta or its products, which also includes a wave of casino invasions that caused days-long disruptions to hotel rooms in Las Vegas, casino giants Caesars and MGM were both affected by hacks as reported earlier this year. Both of those attacks, targeting MGM and Caesars’ Okta installations, used a sophisticated social engineering attack that went through IT help desks.

What can be done to prevent this? 

Cybersecurity attacks on organisations have become a very common occurrence ever since the pandemic and are rampant all across the globe. Major big techs have been successful in setting up SoPs, safeguards and precautionary measures to protect their companies and their digital assets and interests. However, the Medium, Mico and small business owners are the most vulnerable to such unknown high-intensity attacks. The governments of various nations have established Computer Emergency Response Teams to monitor and investigate such massive-scale cyberattacks both on organisations and individuals. The issue of cybersecurity can be better addressed by inculcating the following aspects into our daily digital routines: 

• Team Upskilling: Organisations need to be critical in creating upskilling avenues for employees pertaining to cybersecurity and threats. These campaigns should be run periodically, focusing on both the individual and organisational impact of any threat.  
• Reporting Mechanism for Employees and Customers: Business owners and organisations need to deploy robust, sustainable and efficient reporting mechanisms for both employees well as customers. The mechanism will be fundamental in pinpointing the potential grey areas and threats in the cyber security mechanism as well. A dedicated reporting mechanism is now a mandate by a lot of governments around the world as it showcases transparency and natural justice in terms of legal remedies.  
• Preventive, Precautionary and Recovery Policies: Organisations need to create and deploy respective preventive, precautionary and recovery policies in regard to different forms of cyber attacks and threats. This will be helpful in a better understanding of threats and faster response in cases of emergencies and attacks. These policies should be updated regularly, keeping in mind the emerging technologies. Efficient deployment of the policies can be done by conducting mock drills and threat assessment activities.  
• Global Dialogue Forums: It is pertinent for organisations and the industry to create a community of cyber security enthusiasts from different and diverse backgrounds to address the growing issues of cyberspace; this can be done by conducting and creating global dialogue forums, which will act as the beacon of sharing best practices, advisories, threat assessment reports, potential threats and attacks thus establishing better inter-agency and inter-organisation communication and coordination.  
• Data Anonymisation and Encryption: Organisations should have data management/processing policies in place for transparency and should always store data in an encrypted and anonymous manner, thus creating a blanket of safety in case of any data breach.
• Critical infrastructure: The industry leaders should push the limits of innovation by setting up state-of-the-art critical cyber infrastructure to create employment, innovation, and entrepreneurship spirit among the youth, thus creating a whole new generation of cyber-ready professionals and dedicated netizens. Critical infrastructures are essential in creating a safe, secure, resilient and secured digital ecosystem. 
• Cysec Audits & Sandboxing: All organisations should establish periodic routines of Cybersecurity audits, both by internal and external entities, to find any issue/grey area in the security systems. This will create a more robust and adaptive cybersecurity mechanism for the organisation and its employees. All tech developing and testing companies need to conduct proper sandboxing exercises for all or any new tech/software creation to identify its shortcomings and flaws. 

‍Conclusion 

In view of the rising cybersecurity attacks on organisations, especially small and medium companies, a lot has been done, and a lot more needs to be done to establish an aspect of safety and security for companies, employees and customers. The impact of the Okta breach very clearly show how cyber attacks can cause massive repercussion for any organisation in the form of monetary loss, loss of business, damage to reputation and a lot of other factors. One should take such instances as examples and learnings for ourselves and prepare our organisation to combat similar types of threats, ultimately working towards preventing these types of threats and eradicating the influence of bad actors from our digital ecosystem altogether. 

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References: 

• https://hbr.org/2023/05/the-devastating-business-impacts-of-a-cyber-breach#:~:text=In%202022%2C%20the%20global%20average,legal%20fees%2C%20and%20audit%20fees.
• https://www.okta.com/intro-to-okta/#:~:text=Okta%20is%20a%20secure%20identity,use%20to%20work%2C%20instantly%20available.
• https://www.cyberpeace.org/resources/blogs/mgm-resorts-shuts-down-it-systems-after-cyberattack

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