Unraveling the Complex Web of Cyber Kidnapping

Introduction

India's National Commission for Protection of Child Rights (NCPCR) is set to approach the Ministry of Electronics and Information Technology (MeitY) to recommend mandating a KYC-based system for verifying children's age under the Digital Personal Data Protection (DPDP) Act. The decision to approach or send recommendations to MeitY was taken by NCPCR in a closed-door meeting held on August 13 with social media entities. In the meeting, NCPCR emphasised proposing a KYC-based age verification mechanism. In this background, Section 9 of the Digital Personal Data Protection Act, 2023 defines a child as someone below the age of 18, and Section 9 mandates that such children have to be verified and parental consent will be required before processing their personal data.

Requirement of Verifiable Consent Under Section 9 of DPDP Act

Regarding the processing of children's personal data, Section 9 of the DPDP Act, 2023, provides that for children below 18 years of age, consent from parents/legal guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or lawful guardian. Additionally, behavioural monitoring or targeted advertising directed at children is prohibited. 

Ongoing debate on Method to obtain Verifiable Consent

Section 9 of the DPDP Act gives parents or lawful guardians more control over their children's data and privacy, and it empowers them to make decisions about how to manage their children's online activities/permissions. However, obtaining such verifiable consent from the parent or legal guardian presents a quandary. It was expected that the upcoming 'DPDP rules,' which have yet to be notified by the Central Government, would shed light on the procedure of obtaining such verifiable consent from a parent or lawful guardian.

However, In the meeting held on 18th July 2024, between MeitY and social media companies to discuss the upcoming Digital Personal Data Protection Rules (DPDP Rules), MeitY stated that it may not intend to prescribe a ‘specific mechanism’ for Data Fiduciaries to verify parental consent for minors using digital services. MeitY instead emphasised obligations put forth on the data fiduciary under section 8(4) of the DPDP Act to implement “appropriate technical and organisational measures” to ensure effective observance of the provisions contained under this act. 

In a recent update, MeitY held a review meeting on DPDP rules, where they focused on a method for determining children's ages. It was reported that the ministry is making a few more revisions before releasing the guidelines for public input.

CyberPeace Policy Outlook

CyberPeace in its policy recommendations paper published last month, (available here) also advised obtaining verifiable parental consent through methods such as Government Issued ID, integration of parental consent at ‘entry points’ like app stores,  obtaining consent through consent forms, or drawing attention from foreign laws such as California Privacy Law, COPPA, and developing child-friendly SIMs for enhanced child privacy.

CyberPeace in its policy paper also emphasised that when deciding the method to obtain verifiable consent, the respective platforms need to be aligned with the fact that verifiable age verification must be done without compromising user privacy. Balancing user privacy is a question of both technological capabilities and ethical considerations. 

DPDP Act is a brand new framework for protecting digital personal data and also puts forth certain obligations on Data Fiduciaries and provides certain rights to Data Principal. With upcoming ‘DPDP Rules’ which are expected to be notified soon, will define the detailed procedure for the implementation of the provisions of the Act. MeitY is refining the DPDP rules before they come out for public consultation. The approach of NCPCR is aimed at ensuring child safety in this digital era. We hope that MeitY comes up with a sound mechanism for obtaining verifiable consent from parents/lawful guardians after taking due consideration to recommendations put forth by various stakeholders, expert organisations and concerned authorities such as NCPCR. 

References

1. https://www.moneycontrol.com/technology/dpdp-rules-ncpcr-to-recommend-meity-to-bring-in-kyc-based-age-verification-for-children-article-12801563.html
2. https://pune.news/government/ncpcr-pushes-for-kyc-based-age-verification-in-digital-data-protection-a-new-era-for-child-safety-215989/#:~:text=During%20this%20meeting%2C%20NCPCR%20issued,consent%20before%20processing%20their%20data
3. https://www.hindustantimes.com/india-news/ncpcr-likely-to-seek-clause-for-parents-consent-under-data-protection-rules-101724180521788.html
4. https://www.drishtiias.com/daily-updates/daily-news-analysis/dpdp-act-2023-and-the-isssue-of-parental-consent

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"Cybercriminals are unleashing a surprisingly high volume of new threats in this short period of time to take advantage of inadvertent security gaps as organizations are in a rush to ensure business continuity.”

Cyber security firm Fortinet on Monday announced that over the past several weeks, it has been monitoring a significant spike in COVID-19 related threats.

An unprecedented number of unprotected users and devices are now online with one or two people in every home connecting remotely to work through the internet. Simultaneously there are children at home engaged in remote learning and the entire family is engaged in multi-player games, chatting with friends as well as streaming music and video. The cybersec firm’s FortiGuard Labs is observing this perfect storm of opportunity being exploited by cybercriminals as the Threat Report on the Pandemic highlights:

A surge in Phishing Attacks: The research shows an average of about 600 new phishing campaigns every day. The content is designed to either prey on the fears and concerns of individuals or pretend to provide essential information on the current pandemic. The phishing attacks range from scams related to helping individuals deposit their stimulus for Covid-19 tests, to providing access to Chloroquine and other medicines or medical device, to providing helpdesk support for new teleworkers.

Phishing Scams Are Just the Start: While the attacks start with a phishing attack, their end goal is to steal personal information or even target businesses through teleworkers. Majority of the phishing attacks contain malicious payloads – including ransomware, viruses, remote access trojans (RATs) designed to provide criminals with remote access to endpoint systems, and even RDP (remote desktop protocol) exploits.

A Sudden Spike in Viruses: The first quarter of 2020 has documented a 17% increase in viruses for January, a 52% increase for February and an alarming 131% increase for March compared to the same period in 2019. The significant rise in viruses is mainly attributed to malicious phishing attachments. Multiple sites that are illegally streaming movies that were still in theatres secretly infect malware to anyone who logs on. Free game, free movie, and the attacker is on your network.

Risks for IoT Devices magnify: As users are all connected to the home network, attackers have multiple avenues of attack that can be exploited targeting devices including computers, tablets, gaming and entertainment systems and even online IoT devices such as digital cameras, smart appliances – with the ultimate goal of finding a way back into a corporate network and its valuable digital resources.

Ransomware like attack to disrupt business: If the device of a remote worker can be compromised, it can become a conduit back into the organization’s core network, enabling the spread of malware to other remote workers. The resulting business disruption can be just as effective as ransomware targeting internal network systems for taking a business offline. Since helpdesks are now remote, devices infected with ransomware or a virus can incapacitate workers for days while devices are mailed in for reimaging.

“Though organizations have completed the initial phase of transitioning their entire workforce to remote telework and employees are becoming increasingly comfortable with their new reality, CISOs continue to face new challenges presented by maintaining a secure teleworker business model. From redefining their security baseline, or supporting technology enablement for remote workers, to developing detailed policies for employees to have access to data, organizations must be nimble and adapt quickly to overcome these new problems that are arising”, said Derek Manky, Chief, Security Insights & Global Threat Alliances at Fortinet – Office of CISO.

Introduction

In the rapidly evolving landscape of cyber threats, a novel menace has surfaced the concept of Digital Arrest. The impostors impersonating law enforcement officers deceive the victims into believing that their bank account, SIM card, Aadhaar card, or bank card has been used unlawfully. They coerce victims into paying them money. Digital Arrest involves the virtual restraint of individuals. These suspensions can vary from restricted access to the account(s), and digital platforms, to implementing measures to prevent further digital activities or being restrained on video calling or being monitored through video calling. In the era of digitisation where the technology is growing on an exponential phase, various existing loopholes are being utilised by the wrongdoers which has given rise to this sinister trend known as “digital arrest fraud”. In this scam, the defrauder manipulates the victims, who impersonate law enforcement officials and further traps the victims into a web of deception involving threats of imminent digital restraint and coerced financial transactions.   

Recognizing the Danger of Digital Arrest

A recent case involving an interactive voice response (IVR) call that targeted a victim sheds light on the complexities of the "digital arrest" cybercrime. The victim was notified by the scammers—who were pretending to be law enforcement officers—that a SIM card in her name had apparently been utilised in a criminal incident in Mumbai. The call proceeded to a video conversation with an FBI agent who falsely accused her of being involved in money laundering. The victim was forced into a web of dishonesty because she now believed she was involved in a criminal case, underscoring the psychological manipulation these hackers were using.

Recent incidents of digital arrest fraud  

• Recently, a complaint was registered at the Noida Cyber Crime Police Station made by a 50-year-old victim, who was deceived of over Rs 11 lakh and exposed to "digital arrest". By using the identities of an IPS officer in the CBI and the founder of an airline that was grounded, the attackers, masquerading as law enforcement officers, falsely accused the victim of being involved in a fake money-laundering case. She was told that she had another SIM card in her name that was used for fraudulent activities in Mumbai. The complaint made by the victim asserted “Victim’s call was transferred to a person (who identified himself as a Mumbai Police officer) who conducted the initial interrogation over the call and then on Skype VC, where she stayed from 9:30 AM to around 7 in the evening. The woman ended up transferring around ₹11.11 lakh. The scammers then ended contact with her, after which she realised she had been scammed. 
• Another recent case of digital arrest fraud came from Faridabad. Where a 23-year-old girl got a call from a fraudster posing as a Lucknow customs officer. The caller said that a package was being shipped to Cambodia that included cards and passports associated with the victim's Aadhaar number. The victim was forced to believe that she was a part of illegal activity, which included trafficking in humans. Under the guise of police officials, the hackers made up allegations before extorting money from the victim. After that, she was told by a man acting as a CBI official that she needed to pay five per cent of the total which was Rs 15 lakh. She said the cybercriminals instructed her not to log off Skype. In the meantime, she ended up transferring Rs 2.5 lakh to a bank account shared by cybercriminals. 

Measures to protect oneself from digital arrest

Sustaining a practical and observant approach towards cybersecurity is the key to lowering the peril of being targeted and experiencing digital arrest. Following are certain best practices for ensuring the same:

• Cyber Hygiene: This includes maintaining cyber hygiene by regularly updating passwords, and software and also enabling two-factor authentications to reduce the chances of unauthorized access.

• Phishing Attempts: These can be evaded by refraining from clicking on dubious links or downloading attachments from unknown sources and also authenticating the legitimacy of emails and messages before sharing any personal information.

• Secured devices: By installing reputable antivirus and anti-malware solutions and keeping operating systems and applications up to date with the latest security protocols.

• Virtual Private Networks (VPNs): VPNs can be employed to encrypt internet connections thus enhancing privacy and security. However one must be cautious of free VPN services and OTP only for trustworthy providers.  

• Monitor online services: A regular review of online accounts for any unauthorized or unlawful activities and setting up alerts for any changes to account settings or login attempts may help in the early detection of cybercrime and coping with it.

• Secure communication channels: Using secure communication techniques such as encryption can be done for the protection of sensitive information. Sharing of passwords and other information must be cautiously done especially in public forums.

• Awareness: The increasing prevalence of cybercrime known as "digital arrest" underscores the need for preventive measures and increased public awareness. Educational initiatives that draw attention to prevalent cyber threats—especially those that include law enforcement impersonation—can enable people to identify and fend off scams of this kind. The collaboration of law enforcement agencies and telecommunication companies can effectively limit the access points used by fraudsters by identifying and blocking susceptible calls.

Conclusion

The rise of Digital Arrest presents a noteworthy and innovative threat to cybersecurity by taking advantage of people's weaknesses through deceitful impersonation and coercive measures. The case in Noida is a prime example of the boldness and skill of cybercriminals who use fear and false information to trick victims into thinking they are in danger of suffering harsh legal repercussions and taking large amounts of money. In order to combat this increasing cybercrime, people need to take a proactive and watchful stance when it comes to cybersecurity. Cyber hygiene techniques, such as two-factor authentication and frequent password changes, are essential for lowering the possibility of unwanted access. Important precautions include being aware of phishing efforts, protecting devices with reliable antivirus software, and using Virtual Private Networks (VPNs) to increase privacy. Cybercriminals and fraudsters often use fear as a powerful tool to manipulate people and exploit their vulnerabilities for illicit gains in the realms of cybercrime and financial fraud. To protect themselves against the sneaky threat of Digital Arrest, netizens must traverse the constantly changing cyber threat landscape with collective knowledge, educated practices, and strong cybersecurity measures. 

References:

1. https://www.business-standard.com/india-news/new-cyber-crime-trend-unravelled-in-up-woman-held-under-digital-arrest-123120200485_1.html
2. https://www.businessinsider.in/india/news/noida-woman-scammed-11-lakh-in-digital-arrest-scam-everything-you-need-to-know/articleshow/105727970.cms
3. https://m.timesofindia.com/life-style/parenting/moments/23-year-old-faridabad-girl-on-digital-arrest-for-17-days-how-to-protect-your-children-from-cyber-crime/photostory/105442556.cms