Misinformation Spread in the AI Era

Introduction

The Telecom Regulatory Authority of India (TRAI), on March 13 2023, published a new rule to regulate telemarketing firms. Trai has demonstrated strictness when it comes to bombarding users with intrusive marketing pitches. In a report, TRAI stated that 10-digit mobile numbers could not be utilised for advertising. In reality, different phone numbers are given out for regular calls and telemarketing calls. Hence, it is an appropriate and much-required move in order to suppress and eradicate phishing scammers and secure the Indian Cyber-ecosystem at large.

What are the new rules?

The rules state that now 10-digit unregistered mobile numbers for promotional purposes would be shut down over the following five days. The rule claim that calling from unregistered mobile numbers had been banned was published on February 16. In this case, using 10-digit promotional messages for promotional calling will end within the following five days. This step by TRAI has been seen after nearly 6-8 months of releasing the Telecommunication Bill, 2022, which has focused towards creating a stable Indian Telecom market and reducing the phoney calls/messages by bad actors to reduce cyber crimes like phishing. This is done to distinguish between legitimate and promotional calls. According to certain reports, some telecom firms allegedly break the law by using 10-digit mobile numbers to make unwanted calls and send promotional messages. All telecom service providers must execute the requirements under the recent TRAI directive within five days.

How will the new rules help?

The promotional use of a cellphone number with 10 digits was allowed since the start, however, with the latest NCRB report on cyber crimes and the rising instances and reporting of cyber crimes primarily focused towards frauds related to monetary gains by the bad actors points to the issue of unregulated promotional messages. This move will act as a critical step towards eradicating scammers from the cyber-ecosystem, TRAI has been very critical in understanding the dynamics and shortcomings in the regulation of the telecom spectrum and network in India and has shown keen interest towards suppressing the modes of technology used by the scammers. It is a fact that the invention of the technology does not define its use, the policy of the technology does, hence it is important to draft ad enact policies which better regulate the existing and emerging technologies.

What to avoid?

In pursuance of the rules enacted by TRAI, the business owners involved in promotional services through 10-digit numbers will have to follow these steps-

• It is against the law to utilise a 10-digit cellphone number for promotional calls.
• You should stop doing so right now.
• Your mobile number will be blocked in the following five days if not.
• Users employed by telemarketing firms are encouraged to refrain from using the system in such circumstances.
• Those working for telemarketing firms are encouraged not to call from their mobile numbers.
• Users should phone the company’s registered mobile number for promotional purposes.

Conclusion

The Indian netizen has been exposed to the technology a little later than the western world. However, this changed drastically during the Covid-19 pandemic as the internet and technology penetration rates increased exponentially in just a couple of months. Although this has been used as an advantage by the bad actors, it was pertinent for the government and its institutions to take an effective and efficient step to safeguard the people from financial fraud. Although these frauds occur in high numbers due to a lack of knowledge and awareness, we need to work on preventive solutions rather than precautionary steps and the new rules by TRAI point towards a safe, secured and sustainable future of cyberspace in India.

In the vast, interconnected cosmos of the internet, where knowledge and connectivity are celebrated as the twin suns of enlightenment, there lurk shadows of a more sinister nature. Here, in these darker corners, the innocence of childhood is not only exploited but also scarred, indelibly and forever. The production, distribution, and consumption of Child Sexual Abuse Material (CSAM) have surged to alarming levels globally, casting a long, ominous shadow over the digital landscape. 

In response to this pressing issue, the National Human Rights Commission (NHRC) has unfurled a comprehensive four-part advisory, a beacon of hope aimed at combating CSAM and safeguarding the rights of children in this digital age. This advisory dated 27/10/23 is not merely a reaction to the rising tide of CSAM, but a testament to the imperative need for constant vigilance in the realm of cyber peace.

The statistics paint a sobering picture. In 2021, more than 1,500 instances of publishing, storing, and transmitting CSAM were reported, shedding a harsh light on the scale of the problem. Even more alarming is the upward trend in cases reported in subsequent years. By 2023, a staggering 450,207 cases of CSAM had already been reported, marking a significant increase from the 204,056 and 163,633 cases reported in 2022 and 2021, respectively.

The Key Aspects of Advisory

The NHRC's advisory commences with a fundamental recommendation - a redefinition of terminology. It suggests replacing the term 'Child Pornography' with 'Child Sexual Abuse Material' (CSAM). This shift in language is not merely semantic; it underscores the gravity of the issue, emphasizing that this is not about pornography but child abuse. 

Moreover, the advisory calls for the definition of 'sexually explicit' under Section 67B of the IT Act, 2000. This step is crucial for ensuring the prompt identification and removal of online CSAM. By giving a clear definition, law enforcement can act swiftly in removing such content from the internet.

The digital world knows no borders, and CSAM can easily cross jurisdictional lines. NHRC recognizes this challenge and proposes that laws be harmonized across jurisdictions through bilateral agreements. Moreover, it recommends pushing for the adoption of a UN draft Convention on 'Countering the Use of Information and Communications Technologies for Criminal Purposes' at the General Assembly.

One of the critical aspects of the advisory is the strengthening of law enforcement. NHRC advocates for the creation of Specialized State Police Units in every state and union territory to handle CSAM-related cases. The central government is expected to provide support, including grants, to set up and equip these units. 

The NHRC further recommends establishing a Specialized Central Police Unit under the government of India's jurisdiction. This unit will focus on identifying and apprehending CSAM offenders and maintaining a repository of such content. Its role is not limited to law enforcement; it is expected to cooperate with investigative agencies, analyze patterns, and initiate the process for content takedown. This coordinated approach is designed to combat the problem effectively, both on the dark web and open web.

The role of internet intermediaries and social media platforms in controlling CSAM is undeniable. The NHRC advisory emphasizes that intermediaries must deploy technology, such as content moderation algorithms, to proactively detect and remove CSAM from their platforms. This places the onus on the platforms to be proactive in policing their content and ensuring the safety of their users. 

New Developments 

Platforms using end-to-end encryption services may be required to create additional protocols for monitoring the circulation of CSAM. Failure to do so may invite the withdrawal of the 'safe harbor' clause under Section 79 of the IT Act, 2000. This measure ensures that platforms using encryption technology are not inadvertently providing safe havens for those engaged in illegal activities. 

NHRC's advisory extends beyond legal and law enforcement measures; it emphasizes the importance of awareness and sensitization at various levels. Schools, colleges, and institutions are called upon to educate students, parents, and teachers about the modus operandi of online child sexual abusers, the vulnerabilities of children on the internet, and the early signs of online child abuse. 

To further enhance awareness, a cyber curriculum is proposed to be integrated into the education system. This curriculum will not only boost digital literacy but also educate students about relevant child care legislation, policies, and the legal consequences of violating them. 

NHRC recognizes that survivors of CSAM need more than legal measures and prevention strategies. Survivors are recommended to receive support services and opportunities for rehabilitation through various means. Partnerships with civil society and other stakeholders play a vital role in this aspect. Moreover, psycho-social care centers are proposed to be established in every district to facilitate need-based support services and organization of stigma eradication programs. 

NHRC's advisory is a resounding call to action, acknowledging the critical importance of protecting children from the perils of CSAM. By addressing legal gaps, strengthening law enforcement, regulating online platforms, and promoting awareness and support, the NHRC aims to create a safer digital environment for children. 

Conclusion 

In a world where the internet plays an increasingly central role in our lives, these recommendations are not just proactive but imperative. They underscore the collective responsibility of governments, law enforcement agencies, intermediaries, and society as a whole in safeguarding the rights and well-being of children in the digital age. 

NHRC's advisory is a pivotal guide to a more secure and child-friendly digital world. By addressing the rising tide of CSAM and emphasizing the need for constant vigilance, NHRC reaffirms the critical role of organizations, governments, and individuals in ensuring cyber peace and child protection in the digital age. The active contribution from premier cyber resilience firms like Cyber Peace Foundation, amplifies the collective action forging a secure digital space, highlighting the pivotal role played by think tanks in ensuring cyber peace and resilience. 

References:

• https://www.hindustantimes.com/india-news/nhrc-issues-advisory-regarding-child-sexual-abuse-material-on-internet-101698473197792.html
• https://ssrana.in/articles/nhrcs-advisory-proliferation-of-child-sexual-abuse-material-csam/
• https://theprint.in/india/specialised-central-police-unit-use-of-technology-to-proactively-detect-csam-nhrc-advisory/1822223/

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Introduction

Monopolies in any sector can have a great impact on economic efficiency and, by extension, on the market and the larger economy. Data monopolies hurt both small startups and large, established companies, and it is typically the biggest corporate players who have the biggest data advantage. Google has recently lost a major antitrust case filed by the U.S. Department of Justice, which focused on the company's search engine dominance and expensive partnerships to promote its products. The lawsuit accused Google of using its dominant position in the search engine market to maintain a monopoly. The case has had a significant impact on consumers and the tech industry as a whole. This dominance allowed Google to raise prices on advertisers without consequences, and delay innovations and privacy features that consumers want when they search online.

Antitrust Allegations Against Google in the US and EU

In the case filed by the US Department of Justice, US District Judge Amit Mehta ruled that Google was monopolistic. In the 10-week-long trial, Google lost the major antitrust lawsuit, and it was established that the tech giant had a monopoly in the web search and advertising sectors. The lawsuit accused Google of using its dominant position in the search engine market to elbow out rivals and maintain a monopoly. The tech giant’s exclusive deals with handset makers were brought before the court as evidence. Additionally, the European Commission has fined Google €1.49 billion for breaching EU antitrust rules in 2019.

The Impact of Big Tech Monopolies on the Digital Ecosystem and Beyond 

• Big-tech companies collect vast amounts of personal data, raising concerns about how this data is used and protected. The concentration of data in the hands of a few companies can lead to privacy breaches and misuse of personal information.
• The dominance of a few tech giants in digital advertising markets can stifle competition, leading to higher prices for advertisers and fewer choices for consumers. This concentration also allows these companies to exert major control over what ads are shown and to whom.
• Big-tech platforms have substantial power over the dissemination of information. Their algorithms and policies on content moderation can influence public discourse and may spread misinformation. The lack of competition means fewer alternatives are accessible for users seeking different content moderation policies. In 2021 Google paid $26.3 billion to ensure its search engine is the default on smartphones and browsers and to keep control of its dominant market share.

Regulatory Mechanisms in the Indian Context

In India, antitrust issues are governed by the Competition Act of 2002 and the Competition Commission of India (CCI) checks monopolistic practices. In 2022, the CCI imposed a penalty of Rs 1,337.76 crore on Google for abusing its dominant position in multiple markets for 'anti-competitive practices' in the Android mobile device ecosystem. The Draft Digital Competition Bill, 2024, has been proposed as a legislative reform to regulate a wide range of digital services, including online search engines, social networking platforms, video-sharing sites, interpersonal communication services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. The bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses in the digital business space.

Conclusion

Big-tech companies are increasingly under scrutiny from regulators due to concerns over their monopolistic practices, data privacy issues, and the immense influence on markets and public discourse. The U.S. Department of Justice's victory against Google and the European Commission's hefty fines are indicators of a global paradigm shift towards more aggressive regulation to foster competition and protect consumer interests. The combined efforts of regulators across different jurisdictions underscore the recognition that monopolistic practices by such big tech giants can stifle innovation, harm consumers’ interests, and create barriers for new entrants, thus necessitating strong legal frameworks to ensure fair and contestable markets. Overall, the increasing regulatory pressure signifies a pivotal moment for big-tech companies, as they face the challenge of adapting to a more tightly controlled environment where their market dominance and business practices are under intense examination.

References

• https://www.livemint.com/technology/tech-news/googles-future-siege-u-s-court-explores-breaking-up-company-after-landmark-ruling-11723648047735.html
• https://www.thehindu.com/sci-tech/technology/what-is-the-google-monopoly-antitrust-case-and-how-does-it-affect-consumers/article68495551.ece 
• https://indianexpress.com/article/business/google-has-an-illegal-monopoly-on-search-us-judge-finds-9497318/

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