The EU's Digital Services Act Pioneering a Safer Cyberspace
PUBLISHED ON
Dec 23, 2023
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Introduction
Beginning with the premise that the advent of the internet has woven a rich but daunting digital web, intertwining the very fabric of technology with the variegated hues of human interaction, the EU has stepped in as the custodian of this ever-evolving tableau. It is within this sprawling network—a veritable digital Minotaur's labyrinth—that the European Union has launched a vigilant quest, seeking not merely to chart its enigmatic corridors but to instil a sense of order in its inherent chaos.
The Digital Services Act (DSA) is the EU's latest testament to this determined pilgrimage, a voyage to assert dominion over the nebulous realms of cyberspace. In its latest sagacious move, the EU has levelled its regulatory lance at the behemoths of digital indulgence—Pornhub, XVideos, and Stripchat—monarchs in the realm of adult entertainment, each commanding millions of devoted followers.
Applicability of DSA
Graced with the moniker of Very Large Online Platforms (VLOPs), these titans of titillation are now facing the complex weave of duties delineated by the DSA, a legislative leviathan whose coils envelop the shadowy expanses of the internet with an aim to safeguard its citizens from the snares and pitfalls ensconced within. Like a vigilant Minotaur, the European Commission, the EU's executive arm, stands steadfast, enforcing compliance with an unwavering gaze.
The DSA is more than a mere compilation of edicts; it encapsulates a deeper, more profound ethos—a clarion call announcing that the wild frontiers of the digital domain shall be tamed, transforming into enclaves where the sanctity of individual dignity and rights is zealously championed. The three corporations, singled out as the pioneers to be ensnared by the DSA's intricate net, are now beckoned to embark on an odyssey of transformation, realigning their operations with the EU's noble envisioning of a safeguarded internet ecosystem.
The Paradigm Shift
In a resolute succession, following its first decree addressing 19 Very Large Online Platforms and Search Engines, the Commission has now ensconced the trinity of adult content purveyors within the DSA's embrace. The act demands that these platforms establish intuitive user mechanisms for reporting illicit content, prioritize communications from entities bestowed with the 'trusted flaggers' title, and elucidate to users the rationale behind actions taken to restrict or remove content. Paramount to the DSA's ethos, they are also tasked with constructing internal mechanisms to address complaints, forthwith apprising law enforcement of content hinting at criminal infractions, and revising their operational underpinnings to ensure the confidentiality, integrity, and security of minors.
But the aspirations of the DSA stretch farther, encompassing a realm where platforms are agents against deception and manipulation of users, categorically eschewing targeted advertisement that exploits sensitive profiling data or is aimed at impressionable minors. The platforms must operate with an air of diligence and equitable objectivity, deftly applying their terms of use, and are compelled to reveal their content moderation practices through annual declarations of transparency.
The DSA bestows upon the designated VLOPs an even more intensive catalogue of obligations. Within a scant four months of their designation, Pornhub, XVideos, and Stripchat are mandated to implement measures that both empower and shield their users—especially the most vulnerable, minors—from harms that traverse their digital portals. Augmented content moderation measures are requisite, with critical risk analyses and mitigation strategies directed at halting the spread of unlawful content, such as child exploitation material or the non-consensual circulation of intimate imagery, as well as curbing the proliferation and repercussions of deepfake-generated pornography.
The New Rules
The DSA enshrines the preeminence of protecting minors, with a staunch requirement for VLOPs to contrive their services so as to anticipate and enfeeble any potential threats to the welfare of young internet navigators. They must enact operational measures to deter access to pornographic content by minors, including the utilization of robust age verification systems. The themes of transparency and accountability are amplified under the DSA's auspices, with VLOPs subject to external audits of their risk assessments and adherence to stipulations, the obligation to maintain accessible advertising repositories, and the provision of data access to rigorously vetted researchers.
Coordinated by the Commission in concert with the Member States' Digital Services Coordinators, vigilant supervision will be maintained to ensure the scrupulous compliance of Pornhub, Stripchat, and XVideos with the DSA's stringent directives. The Commission's services are poised to engage with the newly designated platforms diligently, affirming that initiatives aimed at shielding minors from pernicious content, as well as curbing the distribution of illegal content, are effectively addressed.
The EU's monumental crusade, distilled into the DSA, symbolises a pledge—a testament to its steadfast resolve to shepherd cyberspace, ensuring the Minotaur of regulation keeps the bedlam at a manageable compass and the sacrosanctity of the digital realm inviolate for all who meander through its infinite expanses. As we cast our gazes toward February 17, 2024—the cusp of the DSA's comprehensive application—it is palpable that this legislative milestone is not simply a set of guidelines; it stands as a bold, unflinching manifesto. It beckons the advent of a novel digital age, where every online platform, barring small and micro-enterprises, will be enshrined in the lofty ideals imparted by the DSA.
Conclusion
As we teeter on the edge of this nascent digital horizon, it becomes unequivocally clear: the European Union's Digital Services Act is more than a mundane policy—it is a pledge, a resolute statement of purpose, asserting that amid the vast, interwoven tapestry of the internet, each user's safety, dignity, and freedoms are enshrined and hold the intrinsic significance meriting the force of the EU's legislative guard. Although the labyrinth of the digital domain may be convoluted with complexity, guided by the DSA's insightful thread, the march toward a more secure, conscientious online sphere forges on—resolute, unerring, one deliberate stride at a time.
Attempts at countering the spread of misinformation can include various methods and differing degrees of engagement by different stakeholders. The inclusion of Artificial Intelligence, user awareness and steps taken on the part of the public at a larger level, focus on innovation to facilitate clear communication can be considered in the fight to counter misinformation. This becomes even more important in spaces that deal with matters of national security, such as the Indian army.
IIT Indore’s Intelligent Communication System
As per a report in Hindustan Times on 14th November 2024, IIT Indore has achieved a breakthrough on their project regarding Intelligent Communication Systems. The project is supported by the Department of Telecommunications (DoT), the Ministry of Electronics and Information Technology (MeitY), and the Council of Scientific and Industrial Research (CSIR), as part of a specialised 6G research initiative (Bharat 6G Alliance) for innovation in 6G technology.
Professors at IIT Indore claim that the system they are working on has features different from the ones currently in use. They state that the receiver system can recognise coding, interleaving (a technique used to enhance existing error-correcting codes), and modulation methods together in situations of difficult environments, which makes it useful for transmitting information efficiently and securely, and thus could not only be used for telecommunication but the army as well. They also mention that previously, different receivers were required for different scenarios, however, they aim to build a system that has a single receiver that can adapt to any situation.
Previously, in another move that addressed the issue of misinformation in the army, the Ministry of Defence designated the Additional Directorate General of Strategic Communication in the Indian Army as the authorised officer to issue take-down notices regarding instances of posts consisting of illegal content and misinformation concerning the Army.
Recommendations
Here are a few policy implications and deliberations one can explore with respect to innovations geared toward tackling misinformation within the army:
Research and Development: In this context, investment and research in better communication through institutes have enabled a system that ensures encrypted and secure communication, which helps with ways to combat misinformation for the army.
Strategic Deployment: Relevant innovations can focus on having separate pilot studies testing sensitive data in the military areas to assess their effectiveness.
Standardisation: Once tested, a set parameter of standards regarding the intelligence communication systems used can be encouraged.
Cybersecurity integration: As misinformation is largely spread online, innovation in such fields can encourage further exploration with regard to integration with Cybersecurity.
Conclusion
The spread of misinformation during modern warfare can have severe repercussions. Sensitive and clear data is crucial for safe and efficient communication as a lot is at stake. Innovations that are geared toward combating such issues must be encouraged, for they not only ensure efficiency and security with matters related to defence but also combat misinformation as a whole.
The rapid digitization of educational institutions in India has created both opportunities and challenges. While technology has improved access to education and administrative efficiency, it has also exposed institutions to significant cyber threats. This report, published by CyberPeace, examines the types, causes, impacts, and preventive measures related to cyber risks in Indian educational institutions. It highlights global best practices, national strategies, and actionable recommendations to mitigate these threats.
Image: Recent CyberAttack on Eindhoven University
Significance of the Study:
The pandemic-induced shift to online learning, combined with limited cybersecurity budgets, has made educational institutions prime targets for cyberattacks. These threats compromise sensitive student, faculty, and institutional data, leading to operational disruptions, financial losses, and reputational damage. Globally, educational institutions face similar challenges, emphasizing the need for universal and localized responses.
Threat Faced by Education Institutions:
Based on the insights from the CyberPeace’s report titled 'Exploring Cyber Threats and Digital Risks in Indian Educational Institutions', this concise blog provides a comprehensive overview of cybersecurity threats and risks faced by educational institutions, along with essential details to address these challenges.
🎣 Phishing: Phishing is a social engineering tactic where cyber criminals impersonate trusted sources to steal sensitive information, such as login credentials and financial details. It often involves deceptive emails or messages that lead to counterfeit websites, pressuring victims to provide information quickly. Variants include spear phishing, smishing, and vishing.
💰 Ransomware: Ransomware is malware that locks users out of their systems or data until a ransom is paid. It spreads through phishing emails, malvertising, and exploiting vulnerabilities, causing downtime, data leaks, and theft. Ransom demands can range from hundreds to hundreds of thousands of dollars.
🌐 Distributed Denial of Service (DDoS): DDoS attacks overwhelm servers, denying users access to websites and disrupting daily operations, which can hinder students and teachers from accessing learning resources or submitting assignments. These attacks are relatively easy to execute, especially against poorly protected networks, and can be carried out by amateur cybercriminals, including students or staff, seeking to cause disruptions for various reasons
🕵️ Cyber Espionage: Higher education institutions, particularly research-focused universities, are vulnerable to spyware, insider threats, and cyber espionage. Spyware is unauthorized software that collects sensitive information or damages devices. Insider threats arise from negligent or malicious individuals, such as staff or vendors, who misuse their access to steal intellectual property or cause data leaks..
🔒 Data Theft: Data theft is a major threat to educational institutions, which store valuable personal and research information. Cybercriminals may sell this data or use it for extortion, while stealing university research can provide unfair competitive advantages. These attacks can go undetected for long periods, as seen in the University of California, Berkeley breach, where hackers allegedly stole 160,000 medical records over several months.
🛠️ SQL Injection: SQL injection (SQLI) is an attack that uses malicious code to manipulate backend databases, granting unauthorized access to sensitive information like customer details. Successful SQLI attacks can result in data deletion, unauthorized viewing of user lists, or administrative access to the database.
🔍Eavesdropping attack: An eavesdropping breach, or sniffing, is a network attack where cybercriminals steal information from unsecured transmissions between devices. These attacks are hard to detect since they don't cause abnormal data activity. Attackers often use network monitors, like sniffers, to intercept data during transmission.
🤖 AI-Powered Attacks: AI enhances cyber attacks like identity theft, password cracking, and denial-of-service attacks, making them more powerful, efficient, and automated. It can be used to inflict harm, steal information, cause emotional distress, disrupt organizations, and even threaten national security by shutting down services or cutting power to entire regions
Insights from Project eKawach
The CyberPeace Research Wing, in collaboration with SAKEC CyberPeace Center of Excellence (CCoE) and Autobot Infosec Private Limited, conducted a study simulating educational institutions' networks to gather intelligence on cyber threats. As part of the e-Kawach project, a nationwide initiative to strengthen cybersecurity, threat intelligence sensors were deployed to monitor internet traffic and analyze real-time cyber attacks from July 2023 to April 2024, revealing critical insights into the evolving cyber threat landscape.
Cyber Attack Trends
Between July 2023 and April 2024, the e-Kawach network recorded 217,886 cyberattacks from IP addresses worldwide, with a significant portion originating from countries including the United States, China, Germany, South Korea, Brazil, Netherlands, Russia, France, Vietnam, India, Singapore, and Hong Kong. However, attributing these attacks to specific nations or actors is complex, as threat actors often use techniques like exploiting resources from other countries, or employing VPNs and proxies to obscure their true locations, making it difficult to pinpoint the real origin of the attacks.
Brute Force Attack:
The analysis uncovered an extensive use of automated tools in brute force attacks, with 8,337 unique usernames and 54,784 unique passwords identified. Among these, the most frequently targeted username was “root,” which accounted for over 200,000 attempts. Other commonly targeted usernames included: "admin", "test", "user", "oracle", "ubuntu", "guest", "ftpuser", "pi", "support"
Similarly, the study identified several weak passwords commonly targeted by attackers. “123456” was attempted over 3,500 times, followed by “password” with over 2,500 attempts. Other frequently targeted passwords included: "1234", "12345", "12345678", "admin", "123", "root", "test", "raspberry", "admin123", "123456789"
Insights from Threat Landscape Analysis
Research done by the USI - CyberPeace Centre of Excellence (CCoE) and Resecurity has uncovered several breached databases belonging to public, private, and government universities in India, highlighting significant cybersecurity threats in the education sector. The research aims to identify and mitigate cybersecurity risks without harming individuals or assigning blame, based on data available at the time, which may evolve with new information. Institutions were assigned risk ratings that descend from A to F, with most falling under a D rating, indicating numerous security vulnerabilities. Institutions rated D or F are 5.4 times more likely to experience data breaches compared to those rated A or B. Immediate action is recommended to address the identified risks.
Risk Findings :
The risk findings for the institutions are summarized through a pie chart, highlighting factors such as data breaches, dark web activity, botnet activity, and phishing/domain squatting. Data breaches and botnet activity are significantly higher compared to dark web leakages and phishing/domain squatting. The findings show 393,518 instances of data breaches, 339,442 instances of botnet activity, 7,926 instances related to the dark web and phishing & domain activity - 6711.
Key Indicators: Multiple instances of data breaches containing credentials (email/passwords) in plain text.
Botnet activity indicating network hosts compromised by malware.
Credentials from third-party government and non-governmental websites linked to official institutional emails
Details of software applications, drivers installed on compromised hosts.
Sensitive cookie data exfiltrated from various browsers.
IP addresses of compromised systems.
Login credentials for different Android applications.
Below is the sample detail of one of the top educational institutions that provides the insights about the higher rate of data breaches, botnet activity, dark web activities and phishing & domain squatting.
Risk Detection:
It indicates the number of data breaches, network hygiene, dark web activities, botnet activities, cloud security, phishing & domain squatting, media monitoring and miscellaneous risks. In the below example, we are able to see the highest number of data breaches and botnet activities in the sample particular domain.
Risk Changes:
Risk by Categories:
Risk is categorized with factors such as high, medium and low, the risk is at high level for data breaches and botnet activities.
Challenges Faced by Educational Institutions
Educational institutions face cyberattack risks, the challenges leading to cyberattack incidents in educational institutions are as follows:
🔒 Lack of a Security Framework: A key challenge in cybersecurity for educational institutions is the lack of a dedicated framework for higher education. Existing frameworks like ISO 27001, NIST, COBIT, and ITIL are designed for commercial organizations and are often difficult and costly to implement. Consequently, many educational institutions in India do not have a clearly defined cybersecurity framework.
🔑 Diverse User Accounts: Educational institutions manage numerous accounts for staff, students, alumni, and third-party contractors, with high user turnover. The continuous influx of new users makes maintaining account security a challenge, requiring effective systems and comprehensive security training for all users.
📚 Limited Awareness: Cybersecurity awareness among students, parents, teachers, and staff in educational institutions is limited due to the recent and rapid integration of technology. The surge in tech use, accelerated by the pandemic, has outpaced stakeholders' ability to address cybersecurity issues, leaving them unprepared to manage or train others on these challenges.
📱 Increased Use of Personal/Shared Devices: The growing reliance on unvetted personal/Shared devices for academic and administrative activities amplifies security risks.
💬 Lack of Incident Reporting: Educational institutions often neglect reporting cyber incidents, increasing vulnerability to future attacks. It is essential to report all cases, from minor to severe, to strengthen cybersecurity and institutional resilience.
Impact of Cybersecurity Attacks on Educational Institutions
Cybersecurity attacks on educational institutions lead to learning disruptions, financial losses, and data breaches. They also harm the institution's reputation and pose security risks to students. The following are the impacts of cybersecurity attacks on educational institutions:
📚Impact on the Learning Process: A report by the US Government Accountability Office (GAO) found that cyberattacks on school districts resulted in learning losses ranging from three days to three weeks, with recovery times taking between two to nine months.
💸Financial Loss: US schools reported financial losses ranging from $50,000 to $1 million due to expenses like hardware replacement and cybersecurity upgrades, with recovery taking an average of 2 to 9 months.
🔒Data Security Breaches: Cyberattacks exposed sensitive data, including grades, social security numbers, and bullying reports. Accidental breaches were often caused by staff, accounting for 21 out of 25 cases, while intentional breaches by students, comprising 27 out of 52 cases, frequently involved tampering with grades.
⚠️Data Security Breach: Cyberattacks on schools result in breaches of personal information, including grades and social security numbers, causing emotional, physical, and financial harm. These breaches can be intentional or accidental, with a US study showing staff responsible for most accidental breaches (21 out of 25) and students primarily behind intentional breaches (27 out of 52) to change grades.
🏫Impact on Institutional Reputation: Cyberattacks damaged the reputation of educational institutions, eroding trust among students, staff, and families. Negative media coverage and scrutiny impacted staff retention, student admissions, and overall credibility.
🛡️ Impact on Student Safety: Cyberattacks compromised student safety and privacy. For example, breaches like live-streaming school CCTV footage caused severe distress, negatively impacting students' sense of security and mental well-being.
CyberPeace Advisory:
CyberPeace emphasizes the importance of vigilance and proactive measures to address cybersecurity risks:
Develop effective incident response plans: Establish a clear and structured plan to quickly identify, respond to, and recover from cyber threats. Ensure that staff are well-trained and know their roles during an attack to minimize disruption and prevent further damage.
Implement access controls with role-based permissions: Restrict access to sensitive information based on individual roles within the institution. This ensures that only authorized personnel can access certain data, reducing the risk of unauthorized access or data breaches.
Regularly update software and conduct cybersecurity training: Keep all software and systems up-to-date with the latest security patches to close vulnerabilities. Provide ongoing cybersecurity awareness training for students and staff to equip them with the knowledge to prevent attacks, such as phishing.
Ensure regular and secure backups of critical data: Perform regular backups of essential data and store them securely in case of cyber incidents like ransomware. This ensures that, if data is compromised, it can be restored quickly, minimizing downtime.
Adopt multi-factor authentication (MFA): Enforce Multi-Factor Authentication(MFA) for accessing sensitive systems or information to strengthen security. MFA adds an extra layer of protection by requiring users to verify their identity through more than one method, such as a password and a one-time code.
Deploy anti-malware tools: Use advanced anti-malware software to detect, block, and remove malicious programs. This helps protect institutional systems from viruses, ransomware, and other forms of malware that can compromise data security.
Monitor networks using intrusion detection systems (IDS): Implement IDS to monitor network traffic and detect suspicious activity. By identifying threats in real time, institutions can respond quickly to prevent breaches and minimize potential damage.
Conduct penetration testing: Regularly conduct penetration testing to simulate cyberattacks and assess the security of institutional networks. This proactive approach helps identify vulnerabilities before they can be exploited by actual attackers.
Collaborate with cybersecurity firms: Partner with cybersecurity experts to benefit from specialized knowledge and advanced security solutions. Collaboration provides access to the latest technologies, threat intelligence, and best practices to enhance the institution's overall cybersecurity posture.
Share best practices across institutions: Create forums for collaboration among educational institutions to exchange knowledge and strategies for cybersecurity. Sharing successful practices helps build a collective defense against common threats and improves security across the education sector.
Conclusion:
The increasing cyber threats to Indian educational institutions demand immediate attention and action. With vulnerabilities like data breaches, botnet activities, and outdated infrastructure, institutions must prioritize effective cybersecurity measures. By adopting proactive strategies such as regular software updates, multi-factor authentication, and incident response plans, educational institutions can mitigate risks and safeguard sensitive data. Collaborative efforts, awareness, and investment in cybersecurity will be essential to creating a secure digital environment for academia.
There has been a struggle to create legal frameworks that can define where free speech ends and harmful misinformation begins, specifically in democratic societies where the right to free expression is a fundamental value. Platforms like YouTube, Wikipedia, and Facebook have gained a huge consumer base by focusing on hosting user-generated content. This content includes anything a visitor puts on a website or social media pages.
The legal and ethical landscape surrounding misinformation is dependent on creating a fine balance between freedom of speech and expression while protecting public interests, such as truthfulness and social stability. This blog is focused on examining the legal risks of misinformation, specifically user-generated content, and the accountability of platforms in moderating and addressing it.
The Rise of Misinformation and Platform Dynamics
Misinformation content is amplified by using algorithmic recommendations and social sharing mechanisms. The intent of spreading false information is closely interwoven with the assessment of user data to identify target groups necessary to place targeted political advertising. The disseminators of fake news have benefited from social networks to reach more people, and from the technology that enables faster distribution and can make it more difficult to distinguish fake from hard news.
Multiple challenges emerge that are unique to social media platforms regulating misinformation while balancing freedom of speech and expression and user engagement. The scale at which content is created and published, the different regulatory standards, and moderating misinformation without infringing on freedom of expression complicate moderation policies and practices.
The impacts of misinformation on social, political, and economic consequences, influencing public opinion, electoral outcomes, and market behaviours underscore the urgent need for effective regulation, as the consequences of inaction can be profound and far-reaching.
Legal Frameworks and Evolving Accountability Standards
Safe harbour principles allow for the functioning of a free, open and borderless internet. This principle is embodied under the US Communications Decency Act and the Information Technology Act in Sections 230 and 79 respectively. They play a pivotal role in facilitating the growth and development of the Internet. The legal framework governing misinformation around the world is still in nascent stages. Section 230 of the CDA protects platforms from legal liability relating to harmful content posted on their sites by third parties. It further allows platforms to police their sites for harmful content and protects them from liability if they choose not to.
By granting exemptions to intermediaries, these safe harbour provisions help nurture an online environment that fosters free speech and enables users to freely express themselves without arbitrary intrusions.
A shift in regulations has been observed in recent times. An example is the enactment of the Digital Services Act of 2022 in the European Union. The Act requires companies having at least 45 million monthly users to create systems to control the spread of misinformation, hate speech and terrorist propaganda, among other things. If not followed through, they risk penalties of up to 6% of the global annual revenue or even a ban in EU countries.
Challenges and Risks for Platforms
There are multiple challenges and risks faced by platforms that surround user-generated misinformation.
Moderating user-generated misinformation is a big challenge, primarily because of the quantity of data in question and the speed at which it is generated. It further leads to legal liabilities, operational costs and reputational risks.
Platforms can face potential backlash, both in instances of over-moderation or under-moderation. It can be considered as censorship, often overburdening. It can also be considered as insufficient governance in cases where the level of moderation is not protecting the privacy rights of users.
Another challenge is more in the technical realm, including the limitations of AI and algorithmic moderation in detecting nuanced misinformation. It holds out to the need for human oversight to sift through the misinformation that is created by AI-generated content.
Policy Approaches: Tackling Misinformation through Accountability and Future Outlook
Regulatory approaches to misinformation each present distinct strengths and weaknesses. Government-led regulation establishes clear standards but may risk censorship, while self-regulation offers flexibility yet often lacks accountability. The Indian framework, including the IT Act and the Digital Personal Data Protection Act of 2023, aims to enhance data-sharing oversight and strengthen accountability. Establishing clear definitions of misinformation and fostering collaborative oversight involving government and independent bodies can balance platform autonomy with transparency. Additionally, promoting international collaborations and innovative AI moderation solutions is essential for effectively addressing misinformation, especially given its cross-border nature and the evolving expectations of users in today’s digital landscape.
Conclusion
A balance between protecting free speech and safeguarding public interest is needed to navigate the legal risks of user-generated misinformation poses. As digital platforms like YouTube, Facebook, and Wikipedia continue to host vast amounts of user content, accountability measures are essential to mitigate the harms of misinformation. Establishing clear definitions and collaborative oversight can enhance transparency and build public trust. Furthermore, embracing innovative moderation technologies and fostering international partnerships will be vital in addressing this cross-border challenge. As we advance, the commitment to creating a responsible digital environment must remain a priority to ensure the integrity of information in our increasingly interconnected world.
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