#FactCheck - Viral Video Misleadingly Tied to Recent Taiwan Earthquake

Introduction

In India, the rights of children with regard to protection of their personal data are enshrined under the Digital Personal Data Protection Act, 2023 which is the newly enacted digital personal data protection law of India. The DPDP Act requires that for the processing of children's personal data, verifiable consent of parents or legal guardians is a necessary requirement. If the consent of parents or legal guardians is not obtained then it constitutes a violation under the DPDP Act. Under section 2(f) of the DPDP act, a “child” means an individual who has not completed the age of eighteen years. 

Section 9 under the DPDP Act, 2023

With reference to the collection of children's 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 the lawful guardian. Section 9 aims to create a safer online environment for children by limiting the exploitation of their data for commercial purposes or otherwise. By virtue of this section, the parents and guardians will have more control over their children's data and privacy and they are empowered to make choices as to how they manage their children's online activities and the permissions they grant to various online services. 

Section 9 sub-section (3) specifies that a Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. However, section 9 sub-section (5) further provides room for exemption from this prohibition by empowering the Central Government which may notify exemption to specific data fiduciaries or data processors from the behavioural tracking or target advertising prohibition under the future DPDP Rules which are yet to be announced or released. 

Impact on social media platforms

Social media companies are raising concerns about Section 9 of the DPDP Act and upcoming Rules for the DPDP Act. Section 9 prohibits behavioural tracking or targeted advertising directed at children on digital platforms. By prohibiting intermediaries from tracking a ‘child's internet activities’ and ‘targeted advertising’ - this law aims to preserve children's privacy. However, social media corporations contended that this limitation adversely affects the efficacy of safety measures intended to safeguard young users, highlighting the necessity of monitoring specific user signals, including from minors, to guarantee the efficacy of safety measures designed for them.

Social media companies assert that tracking teenagers' behaviour is essential for safeguarding them from predators and harmful interactions. They believe that a complete ban on behavioural tracking is counterproductive to the government's objectives of protecting children. The scope to grant exemption leaves the door open for further advocacy on this issue. Hence it necessitates coordination with the concerned ministry and relevant stakeholders to find a balanced approach that maintains both privacy and safety for young users.

Furthermore, the impact on social media platforms also extends to the user experience and the operational costs required to implement the functioning of the changes created by regulations. This also involves significant changes to their algorithms and data-handling processes. Implementing robust age verification systems to identify young users and protect their data will also be a technically challenging step for the various scales of platforms. Ensuring that children’s data is not used for targeted advertising or behavioural monitoring also requires sophisticated data management systems. The blanket ban on targeted advertising and behavioural tracking may also affect the personalisation of content for young users, which may reduce their engagement with the platform.

For globally operating platforms, aligning their practices with the DPDP Act in India while also complying with data protection laws in other countries (such as GDPR in Europe or COPPA in the US) can be complex and resource-intensive. Platforms might choose to implement uniform global policies for simplicity, which could impact their operations in regions not governed by similar laws. On the same page, competitive dynamics such as market shifts where smaller or niche platforms that cater specifically to children and comply with these regulations may gain a competitive edge. There may be a drive towards developing new, compliant ways of monetizing user interactions that do not rely on behavioural tracking.

CyberPeace Policy Recommendations

A balanced strategy should be taken into account which gives weightage to the contentions of social media companies as well as to the protection of children's personal information. Instead of a blanket ban, platforms can be obliged to follow and encourage openness in advertising practices, ensuring that children are not exposed to any misleading or manipulative marketing techniques. Self-regulation techniques can be implemented to support ethical behaviour, responsibility, and the safety of young users’ online personal information through the platform’s practices. Additionally, verifiable consent should be examined and put forward in a manner which is practical and the platforms have a say in designing the said verification. Ultimately, this should be dealt with in a manner that behavioural tracking and targeted advertising are not affecting the children's well-being, safety and data protection in any way. 

Final Words

Under section 9 of the DPDP Act, the prohibition of behavioural tracking and targeted advertising in case of processing children's personal data - will compel social media platforms to overhaul their data collection and advertising practices, ensuring compliance with stricter privacy regulations. The legislative intent behind this provision is to enhance and strengthen the protection of children's digital personal data security and privacy. As children are particularly vulnerable to digital threats due to their still-evolving maturity and cognitive capacities, the protection of their privacy stands as a priority. The innocence of children is a major cause for concern when it comes to digital access because children simply do not possess the discernment and caution required to be able to navigate the Internet safely. Furthermore, a balanced approach needs to be adopted which maintains both ‘privacy’ and ‘safety’ for young users.

References

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf 
• https://www.firstpost.com/tech/as-govt-of-india-starts-preparing-rules-for-dpdp-act-social-media-platforms-worried-13789134.html#google_vignette
• https://www.business-standard.com/industry/news/social-media-platforms-worry-new-data-law-could-affect-child-safety-ads-124070400673_1.html

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Introduction:

Welcome to the third edition of our blog on digital forensics series. In our previous blog we discussed the difference between copying, cloning, and imaging in the context of Digital Forensics, and found out why imaging is a better process. Today we will discuss the process of evidence collection in Digital Forensics. The whole process starts with making sure the evidence collection team has all necessary tools required for the task.

Investigating Tools and Equipment:

Below are some mentioned tools that the team should carry with them for a successful evidence collection:

• Anti-static bags
• Faraday bags
• Toolkit having screwdrivers(nonmagnetic), scissors, pins, cutters, forceps, clips etc.
• Rubber gloves
• Incident response toolkit (Software)
• Converter/Adapter: USB, SATA, IDE, SCSI
• Imaging software
• Volatile data collection tools (FTK Imager, Magnet Forensics RAM Capture)
• Pens, permanent markers
• Storage containers
• Batteries
• Video cameras
• Note/sketch pads
• Blank storage media
• Write-Blocker device
• Labels
• Crime scene security tapes
• Camera

What sources of Data are necessary for Digital Evidence?

• Hard-Drive (Desktop, Laptop, External, Server)
• Flash Drive
• SD Cards
• Floppy Disks
• Optical Media (CD, DVD)
• CCTV/DVR
• Internal Storage of Mobile Device
• GPS (Mobile/Car)
• Call Site Track (Towers)
• RAM

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Evidence Collection

The investigators encounter two primary types of evidence during the course of gathering evidence: non-electronic and electronic evidence.

The following approaches could be used to gather non-electronic evidence:

• In the course of looking into electronic crimes, recovering non-electronic evidence can be extremely important.  Be cautious to make sure that this kind of evidence is retrieved and kept safe. Items that may be relevant to a later review of electronic evidence include passwords, papers or printouts, calendars, literature, hardware and software manuals, text or graphical computer printouts, and photos.  These items should be secured and kept for further examination.
• They are frequently found close to the computer or other related hardware.  Locating, securing, and preserving all evidence is required by departmental procedures.

Three scenarios arise for the collection of digital evidence from computers: 

Situation 1: The desktop is visible, and the monitor is on.

• Take a picture of the screen and note the data that is visible. 
• Utilize tools for memory capturing to gather volatile data.
• Look for virtual disks. If so, gather mounted data's logical copies.
• Give each port and connection a label.
• Take a picture of them.
• Turn off network access to stop remote access.
• Cut off the power or turn it off.
• Locate and disconnect the hard drive by opening the CPU chassis.
• Take all evidence and place it in anti-magnetic (Faraday) bags.
• Deliver the evidence to the forensic lab.
• Keep the chain of custody intact.

Situation 2: The monitor is turned on, but it either has a blank screen (sleep mode) or an image for the screensaver.

• Make a small mouse movement (without pressing buttons). The work product should appear on the screen, or it should ask for a password.
• If moving the mouse does not result in a change to the screen, stop using the mouse and stop all keystrokes.
• Take a picture of the screen and note the data that is visible.
• Use memory capturing tools to gather volatile data (always use a write blocker to prevent manipulation during data collection).
• Proceed further in accordance with Situation 1.

Situation 3: The Monitor Is Off

• Write down the "off" status.
• After turning on the monitor, check to see if its status matches that of situations 1 or 2 above, and then take the appropriate action.
• Using a phone modem, cable, confirm that you are connected to the outside world. Try to find the phone number if there is a connection to the phone.
• To protect evidence, take out the floppy disks that might be there, package each disk separately, and label the evidence.  Put in a blank floppy disk or a seizure disk, if one is available. Avoid touching the CD drive or taking out CDs.
• Cover the power connector and every drive slot with tape.
• Note the serial number, make, and model.
• Take a picture of the computer's connections and make a diagram with the relevant cables.
• To enable precise reassembly at a later date, label all connectors and cable ends, including connections to peripheral devices. Put "unused" on any connection ports that are not in use.  Recognize docking stations for laptop computers in an attempt to locate additional storage media.
• All evidence should be seized and placed in anti-magnetic (Faraday) bags.
• All evidence should be seized and placed in anti-magnetic (Faraday) bags.
• Put a tag or label on every bag.
• Deliver the evidence to the forensic lab.
• Keep the chain of custody intact. 

Following the effective gathering of data, the following steps in the process are crucial: data packaging, data transportation, and data storage.

The following are the steps involved in data packaging, transportation, and storage:

Packaging:

• Label every computer system that is gathered so that it can be put back together exactly as it was found

When gathering evidence at a scene of crime,

• Before packing, make sure that every piece of evidence has been appropriately  labeled and documented.
• Latent or trace evidence requires particular attention, and steps should be taken to preserve it.
• Use paper or antistatic plastic bags for packing magnetic media to prevent static electricity. Do not use materials like regular plastic bags (instead use faraday bags) that can cause static electricity. 
• Be careful not to bend, fold, computer media like tapes, or CD-ROM.
• Make sure that the labels on every container used to store evidence are correct.

Transporting

• Make sure devices are not packed in containers and are safely fastened inside the car to avoid shock and excessive vibrations. Computers could be positioned on the floor of the car,and monitors could be mounted on the seat with the screen down .

When transporting evidence—

• Any electronic evidence should be kept away from magnetic sources.  Radiation transmitters, speaker magnets, and heated seats are a few examples of items that can contaminate electronic evidence.
• Avoid leaving electronic evidence in your car for longer than necessary. Electronic devices can be harmed by extremes in temperature, humidity.
• Maintain the integrity of the chain of custody while transporting any evidence.

Storing

• Evidence should be kept safe and away from extremes in humidity and temperature. Keep it away from dust, moisture, magnetic devices, and other dangerous impurities.  Be advised that extended storage may cause important evidence—like dates, times, and system configurations—to disappear. Because batteries have a finite lifespan, data loss may occur if they malfunction. Whenever the battery operated device needs immediate attention, it should be informed to the relevant authority (eg., the chief of laboratory, the forensic examiner, and the custodian of the evidence). 

CONCLUSION:

Thus, securing the crime scene to packaging, transportation and storage of data are the important steps in the process of collecting digital evidence in forensic investigations. Keeping the authenticity during the process along with their provenance is critical during this phase. It is also important to ensure the admissibility of evidence in legal proceedings. This systematic approach is essential for effectively investigating and prosecuting digital crimes.

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Introduction

The .com boom led to a massive surge in the expansion of digitised and automated operations in all industries and organisations, which in turn beagle a wholesome transition to the digital age for all netizens, organisations and industries. All the big techs in today’s time were startups or not even in existence back when this boom began, but just in 3-4 decades, we see that a massive faction of the global population is dependent directly or indirectly on big techs for some or the other services. As the world of tech expands, so does the big tech, and hence, in the previous decades, we have seen some acquisitions by big tech companies. The biggest acquisition by tech was last seen in 2023 when the social media giant Facebook (Now META) acquired the famous messaging platform Whatsapp for $13 Billion, but now, almost after a decade, the world is ready to witness the biggest acquisition as Adobe confirms its plans to acquire Figma the leading web-first collaborative design platform.

Adobe - Figma Acquisition  

The illustrator developer Adobe has been the pioneer in developing designing tools since 1982. The founder of the company made a switch from the paper company Xerox, and hence, the operations and products of the company have been oriented towards paper and design. But as the company is already a pioneer in developing designing and editing tools, the impact of AI cannot be underestimated. Hence, this acquisition comes at a critical juncture in impacting the AI-driven product market.  

Adobe wants to use digital experiences to transform the world. Adobe provides the tools and platforms that power the digital economy today, and over the course of its existence, its innovations have positively impacted billions of people worldwide. Adobe continues to invent and modify categories, having revolutionised photography and creative expression with Photoshop, pioneered electronic documents with PDF, and created the digital marketing category with Adobe Experience Cloud.

The goals of Figma are to facilitate visual teamwork and provide accessibility to design for all. The company, which was founded in 2012 by Dylan Field and Evan Wallace, was a pioneer in online product design. Thanks to multi-player workflows, advanced design systems, and a large, expandable developer environment, it is now enabling collaboration for anybody designing interactive mobile and online applications. Millions of fresh designers and developers, as well as a devoted student base, have been drawn to Figma.

By working together, Adobe and Figma will transform how people create and work, spur innovation on the web, improve product design, and uplift communities of creators, designers, and developers throughout the world. The combined business will have the capacity to create major value for clients, investors, and the industry, in addition to a sizable and rapidly expanding market potential.

Key Features of Acquisition

The most expensive acquisition this century has caught the attention of a lot of companies and regulatory authorities across the world. The key features of the deal are as follows: 

• Reimagining the Future of Creativity and Productivity: The designing giant Adobe and Figma coming together will unlock new potential for creativity and productivity as both of the companies create tools which are widely used; hence, they understand the customer’s requirements and expectations, thus making a path for creativity and productivity in term of new services and applications.    
• Accelerating Creativity on the Web: Adobe's Creative Cloud technologies will be delivered online more quickly thanks to Figma's web-based, multi-player features, which will increase productivity and accessibility to the creative process for more people. The current difficulty facing creators is producing an ever-increasing amount of material while working closely with an ever-increasing number of stakeholders. With its widespread use, the web is now a tool that facilitates collaborative creation in teams.
• Advancing Product Design: All parties involved in the product design process, including designers, product managers, and developers, will gain from the integration of Adobe's robust imaging, photography, illustration, video, 3D, and font technologies into the Figma platform. Because digital applications are integral to both our personal and professional lives, the product design sector is experiencing rapid expansion. 
• Inspiring and empowering the designer and developer community: The company's ongoing innovation has been fueled by the dynamic creative community at Adobe. With its vast and expanding ecosystem, Figma boasts a fervent community that creates and shares everything from templates to plug-ins to lessons. By uniting the communities of Figma and Adobe, designers and developers will be able to harness the potential of collaborative design in the future. By 2025, Figma's addressable market will reach a total of $16.5 billion. With best-in-class net dollar retention of more than 150 percent, the company is predicted to add around $200 million in net new ARR this year, topping $400 million in total ARR by the end of 2022. Figma has established a productive, rapidly expanding company with operating cash flows that are positive and gross margins of over 90%.

Conclusion

The acquisition of the decade is going to be under heavy scrutiny and checks under various laws in different countries and is expected to be given the green light soon, this merger and acquisition case study will act as a precedent for such high-value acquisitions. Nearly 10 years ago, we saw the last biggest acquisition, where Meta acquired WhatsApp for $13 Bn. As the world of tech moves forward, we will be witnessing more of such M&As in the future, but in such moments, we should be cautious about how our data is handled and transferred by the other company, always make sure you keep a check on your digital rights and responsibilities, because ultimately we are the consumers of the cyberspace.

References

• https://news.adobe.com/news/news-details/2022/Adobe-to-Acquire-Figma/default.aspx
• https://www.theregister.com/2023/10/26/regulator_delays_adobes_20bn_buy/
• https://www.reuters.com/markets/deals/adobes-deal-acquire-figma-under-threat-eu-regulators-ft-2023-06-20/'

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