Twitter on Legal CrossRoads
Introduction
Twitter Inc.’s appeal against barring orders for specific accounts issued by the Ministry of Electronics and Information Technology was denied by a single judge on the Karnataka High Court. Twitter Inc. was also given an Rs. 50 lakh fine by Justice Krishna Dixit, who claimed the social media corporation had approached the court defying government directives.
As a foreign corporation, Twitter’s locus standi had been called into doubt by the government, which said they were ineligible to apply Articles 19 and 21 to their situation. Additionally, the government claimed that because Twitter was only designed to serve as an intermediary, there was no “jural relationship” between Twitter and its users.
The Issue
In accordance with Section 69A of the Information Technology Act, the Ministry issued the directives. Nevertheless, Twitter had argued in its appeal that the orders “fall foul of Section 69A both substantially and procedurally.” Twitter argued that in accordance with 69A, account holders were to be notified before having their tweets and accounts deleted. However, the Ministry failed to provide these account holders with any notices.
On June 4, 2022, and again on June 6, 2022, the government sent letters to Twitter’s compliance officer requesting that they come before them and provide an explanation for why the Blocking Orders were not followed and why no action should be taken against them.
Twitter replied on June 9 that the content against which it had not followed the blocking orders does not seem to be a violation of Section 69A. On June 27, 2022, the Government issued another notice stating Twitter was violating its directions. On June 29, Twitter replied, asking the Government to reconsider the direction on the basis of the doctrine of proportionality. On June 30, 2022, the Government withdrew blocking orders on ten account-level URLs but gave an additional list of 27 URLs to be blocked. On July 10, more accounts were blocked. Compiling the orders “under protest,” Twitter approached the HC with the petition challenging the orders.
Legality
Additionally, the government claimed that because Twitter was only designed to serve as an intermediary, there was no “jural relationship” between Twitter and its users.
Government attorney Additional Solicitor General R Sankaranarayanan argued that tweets mentioning “Indian Occupied Kashmir” and the survival of LTTE commander Velupillai Prabhakaran were serious enough to undermine the integrity of the nation.
Twitter, on the other hand, claimed that its users have pushed for these rights. Additionally, Twitter maintained that under Article 14 of the Constitution, even as a foreign company, they were entitled to certain rights, such as the right to equality. They also argued that the reason for the account blocking in each case was not stated and that Section 69a’s provision for blocking a URL should only apply to the offending URL rather than the entire account because blocking the entire account would prevent the creation of information while blocking the offending tweet only applied to already-created information.
Conclusion
The evolution of cyberspace has been substantiated by big tech companies like Facebook, Google, Twitter, Amazon and many more. These companies have been instrumental in leading the spectrum of emerging technologies and creating a blanket of ease and accessibility for users. Compliance with laws and policies is of utmost priority for the government, and the new bills and policies are empowering the Indian cyberspace. Non Compliance will be taken very seriously, and the same is legalised under the Intermediary Guidelines 2021 and 2022 by Meity. Referring to Section 79 of the Information Technology Act, which pertains to an exemption from liability of intermediary in some instances, it was said, “Intermediary is bound to obey the orders which the designate authority/agency which the government fixes from time to time.”
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Introduction
The rise of misinformation, disinformation, and synthetic media content on the internet and social media platforms has raised serious concerns, emphasizing the need for responsible use of social media to maintain information accuracy and combat misinformation incidents. With online misinformation rampant all over the world, the World Economic Forum's 2024 Global Risk Report, notably ranks India amongst the highest in terms of risk of mis/disinformation.
The widespread online misinformation on social media platforms necessitates a joint effort between tech/social media platforms and the government to counter such incidents. The Indian government is actively seeking to collaborate with tech/social media platforms to foster a safe and trustworthy digital environment and to also ensure compliance with intermediary rules and regulations. The Ministry of Information and Broadcasting has used ‘extraordinary powers’ to block certain YouTube channels, X (Twitter) & Facebook accounts, allegedly used to spread harmful misinformation. The government has issued advisories regulating deepfake and misinformation, and social media platforms initiated efforts to implement algorithmic and technical improvements to counter misinformation and secure the information landscape.
Efforts by the Government and Social Media Platforms to Combat Misinformation
- Advisory regulating AI, deepfake and misinformation
The Ministry of Electronics and Information Technology (MeitY) issued a modified advisory on 15th March 2024, in suppression of the advisory issued on 1st March 2024. The latest advisory specifies that the platforms should inform all users about the consequences of dealing with unlawful information on platforms, including disabling access, removing non-compliant information, suspension or termination of access or usage rights of the user to their user account and imposing punishment under applicable law. The advisory necessitates identifying synthetically created content across various formats, and instructs platforms to employ labels, unique identifiers, or metadata to ensure transparency.
- Rules related to content regulation
The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (Updated as on 6.4.2023) have been enacted under the IT Act, 2000. These rules assign specific obligations on intermediaries as to what kind of information is to be hosted, displayed, uploaded, published, transmitted, stored or shared. The rules also specify provisions to establish a grievance redressal mechanism by platforms and remove unlawful content within stipulated time frames.
- Counteracting misinformation during Indian elections 2024
To counter misinformation during the Indian elections the government and social media platforms made their best efforts to ensure the electoral integrity was saved from any threat of mis/disinformation. The Election Commission of India (ECI) further launched the 'Myth vs Reality Register' to combat misinformation and to ensure the integrity of the electoral process during the general elections in 2024. The ECI collaborated with Google to empower the citizenry by making it easy to find critical voting information on Google Search and YouTube. In this way, Google has supported the 2024 Indian General Election by providing high-quality information to voters and helping people navigate AI-generated content. Google connected voters to helpful information through product features that show data from trusted institutions across its portfolio. YouTube showcased election information panels, featuring content from authoritative sources.
- YouTube and X (Twitter) new ‘Notes Feature’
- Notes Feature on YouTube: YouTube is testing an experimental feature that allows users to add notes to provide relevant, timely, and easy-to-understand context for videos. This initiative builds on previous products that display helpful information alongside videos, such as information panels and disclosure requirements when content is altered or synthetic. YouTube clarified that the pilot will be available on mobiles in the U.S. and in the English language, to start with. During this test phase, viewers, participants, and creators are invited to give feedback on the quality of the notes.
- Community Notes feature on X: Community Notes on X aims to enhance the understanding of potentially misleading posts by allowing users to add context to them. Contributors can leave notes on any post, and if enough people rate the note as helpful, it will be publicly displayed. The algorithm is open source and publicly available on GitHub, allowing anyone to audit, analyze, or suggest improvements. However, Community Notes do not represent X's viewpoint and cannot be edited or modified by their teams. A post with a Community Note will not be labelled, removed, or addressed by X unless it violates the X Rules, Terms of Service, or Privacy Policy. Failure to abide by these rules can result in removal from accessing Community Notes and/or other remediations. Users can report notes that do not comply with the rules by selecting the menu on a note and selecting ‘Report’ or using the provided form.
CyberPeace Policy Recommendations
Countering widespread online misinformation on social media platforms requires a multipronged approach that involves joint efforts from different stakeholders. Platforms should invest in state-of-the-art algorithms and technology to detect and flag suspected misleading information. They should also establish trustworthy fact-checking protocols and collaborate with expert fact-checking groups. Campaigns, seminars, and other educational materials must be encouraged by the government to increase public awareness and digital literacy about the mis/disinformation risks and impacts. Netizens should be empowered with the necessary skills and ability to discern fact and misleading information to successfully browse true information in the digital information age. The joint efforts by Government authorities, tech companies, and expert cyber security organisations are vital in promoting a secure and honest online information landscape and countering the spread of mis/disinformation. Platforms must encourage netizens/users to foster appropriate online conduct while using platforms and abiding by the terms & conditions and community guidelines of the platforms. Encouraging a culture of truth and integrity on the internet, honouring differing points of view, and confirming facts all help to create a more reliable and information-resilient environment.
References:
- https://www.meity.gov.in/writereaddata/files/Advisory%2015March%202024.pdf
- https://blog.google/intl/en-in/company-news/outreach-initiatives/supporting-the-2024-indian-general-election/
- https://blog.youtube/news-and-events/new-ways-to-offer-viewers-more-context/
- https://help.x.com/en/using-x/community-notes
Executive Summary:
Recently, there has been a massive amount of fake news about India’s standing in the United Security Council (UNSC), including a veto. This report, compiled scrupulously by the CyberPeace Research Wing, delves into the provenance and credibility of the information, and it is debunked. No information from the UN or any relevant bodies has been released with regard to India’s permanent UNSC membership although India has swiftly made remarkable progress to achieve this strategic goal.
Claims:
Viral posts claim that India has become the first-ever unanimously voted permanent and veto-holding member of the United Nations Security Council (UNSC). Those posts also claim that this was achieved through overwhelming international support, granting India the same standing as the current permanent members.
Factcheck:
The CyberPeace Research Team did a thorough keyword search on the official UNSC official website and its associated social media profiles; there are presently no official announcements declaring India's entry into permanent status in the UNSC. India remains a non-permanent member, with the five permanent actors- China, France, Russia, United Kingdom, and USA- still holding veto power. Furthermore, India, along with Brazil, Germany, and Japan (the G4 nations), proposes reform of the UNSC; yet no formal resolutions have come to the surface to alter the status quo of permanent membership. We then used tools such as Google Fact Check Explorer to uncover the truth behind these viral claims. We found several debunked articles posted by other fact-checking organizations.
The viral claims also lack credible sources or authenticated references from international institutions, further discrediting the claims. Hence, the claims made by several users on social media about India becoming the first-ever unanimously voted permanent and veto-holding member of the UNSC are misleading and fake.
Conclusion:
The viral claim that India has become a permanent member of the UNSC with veto power is entirely false. India, along with the non-permanent members, protests the need for a restructuring of the UN Security Council. However, there have been no official or formal declarations or commitments for alterations in the composition of the permanent members and their powers to date. Social media users are advised to rely on verified sources for information and refrain from spreading unsubstantiated claims that contribute to misinformation.
- Claim: India’s Permanent Membership in UNSC.
- Claimed On: YouTube, LinkedIn, Facebook, X (Formerly Known As Twitter)
- Fact Check: Fake & Misleading.
Introduction
Emerging technologies in the digital era have made their inroads in manifold domains and locations, including the “Aviation industry”. A 2022 Cranfield University and Inmarsat report has made the point for digitalization powering a reviving age for the aviation industry. Several airport authorities are presently mobilizing power of emerging technologies such as Artificial Intelligence (AI) across the airport bedrock to provide travelers with a plain sailing and expeditious air travel experience.
The Perils of Juice-Jacking
Today, Universal Serial Bus (USB) charging ports are ubiquitous and a convenient way for travelers to keep their devices powered up. In their busy, mundane lives, people use the public charging facility while travelling. However, cybersecurity experts have warned that charging in public areas could wipe off data from an electronic device or install malware, and they have urged people to stay away from USB charging ports at airports and other public areas. This leads to the possibility that fraudsters may manipulate susceptible users via juice jacking.
Investigative journalist Brian Krebs in 2011 coined the term "Juice Jacking". It isa form of cyber attack where a public USB charging port is fiddled with and infected using hardware and software changes to pocket data or install malware on devices connected to it. The term “juice jacking” is a slang representation for electric power or energy, and “hijacking” indicates an unauthorized key toa device.
While the preliminary purpose of juice jacking is usually to pilfer sensitive information from corresponding devices, such as passwords and payment card details, attackers can exploit this stolen information to attain unauthorized to your financial accounts. If the adversary attacker installs malware in the electronic device during the juice jacking strategy, the attacker may further observe the individual's movements even after one has disconnected the device from the USB port. However, the hazards of Juice Jacking include malware infection, data heist, economic loss and damage to the reputation of an individual.
RedFlags from Agencies
In2023, the Federal Bureau of Investigation (FBI) forewarned travelers against using charging stations in public zones such as hotels, airports, and shopping malls due to malicious actors attempting to use the public USB to introduce monitoring software and malware into devices. The U.S. Federal Communications Commission (FCC) has also administered a new advisory regarding “juice jacking "and its possibility of launching a hushed cyber attack against a mobile gadget while one is charging the phone with a USB cord. Similarly, according to new research from International Business Machines (IBM) Security, many nation-state hackers are currently training their eyes on travelers.
RBI Advisory
Recently in 2024, The Reserve Bank of India (RBI) has likewise administered a warning statement to mobile phone users urging them against charging their devices using public ports. RBI has additionally accentuated the importance of safeguarding private and financial data while using mobile devices. Juice jacking is further cited as one of the scams in the RBI booklet on the modus operandi of financial fraudsters in the financial space.
Preventing juice jacking attacks
The routes to avoid Juice Jacking are to keep a tab on the USB devices, not use the public charging ports, update the phone software regularly, enable and utilize the software security measures of the device, use a USB pass-through device, a wall outlet, or a backup battery; never use unknown charging cables and use only the trusted security apps. It is further important to avoid using cables that are left behind by other travelers in any public space. Users can correspondingly turn off their devices before connecting to a wary charging port. Nevertheless, the absence of documented cases does not necessarily imply that users cannot be a target of such an attack and a warning is still recommended when securing personal gadgets with susceptible user data while using standard cables. Also, using a virtual private network (VPN) and assuring that devices have the updated security updates established can aid in mitigating the danger of cyber attacks. It is equally important to utilize the security features of your device, such as passcodes, fingerprints, or facial recognition, enabled to count as a supplementary layer of safeguard.
Conclusion
In the contemporary digital age, individuals, on the whole, need to be vigilant about “Cybersecurity hygiene” and avoid accessing susceptible data or conducting financial transactions on unsecured networks. Mobile phones or devices should run on the latest operating system, and antivirus software should be revamped to mitigate conceivable security susceptibilities.
References
- https://www.forbes.com/sites/suzannerowankelleher/2023/04/20/juice-jacking-malware-phone-airports-hotels/?sh=47adab7e82ed
- https://www.businessairportinternational.com/features/how-ai-is-improving-business-aviation-operations.html
- https://www.news18.com/business/juice-jacking-attack-scam-bank-frauds-india-8412037.html
- https://www.comparitech.com/blog/information-security/juice-jacking/
- https://blogs.blackberry.com/en/2023/04/juice-jacking-advisory
- https://www.thehindubusinessline.com/info-tech/juice-jacking-rbi-issues-warning-against-charging-mobile-phones-using-public-ports/article67895091.ece
- https://www.thehindu.com/sci-tech/technology/juice-jacking-how-hackers-target-smartphones-tethered-to-public-charging-points/article67026433.ece
- https://www.forbes.com/sites/suzannerowankelleher/2019/05/21/why-you-should-never-use-airport-usb-charging-stations/?sh=630f026a5955
- https://edition.cnn.com/2023/04/12/tech/fbi-public-charging-port-warning/index.html
- https://social-innovation.hitachi/en-in/knowledge-hub/hitachi-voice/digital-transformation/
- https://www.inmarsat.com/en/insights/aviation/2022/future-aviation-connectivity.html
