Revamping CyberSecurity Framework: Govt Pushes Indigenous Cyber Solutions

Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction to Grooming

The term grooming is believed to have been first used by a group of investigators in the 1970s to describe patterns of seduction of an offender towards a child. It eventually evolved and began being commonly used by law enforcement agencies and has now replaced the term seduction for this behavioural pattern. At its core, grooming refers to conditioning a child by an adult offender to further their wrong motives. In its most popular sense, it refers to the sexual victimisation of children whereby an adult befriends a minor and builds an emotional connection to sexually abuse, exploit and even trafficking such a victim. The onset of technology has shifted the offline physical proximity of perpetrators to the internet, enabling groomers to integrate themselves completely into the victim’s life by maintaining consistent contact. It is noted that while grooming can occur online and offline, groomers often establish online contact before moving the ‘relationship’ offline to commit sexual offences.

Underreporting and Vulnerability of Teenagers

Given the elusive nature of the crime, cyber grooming remains one of the most underreported crimes by victims, who are often unaware or embarrassed to share their experiences. Teenagers are particularly more susceptible to cyber grooming since they not only have more access to the internet but also engage in more online risk-taking behaviours such as posting sensitive and personal pictures. Studies indicate that individuals aged 18 to 23 often lack awareness regarding the grooming process. They frequently engage in relationships with groomers without recognising the deceptive and manipulative tactics employed, mistakenly perceiving these relationships as consensual rather than abusive.

Rise of Cyber Grooming incidents after COVID-19 pandemic

There has been an uptick in cyber grooming after the COVID-19 pandemic, whereby an adult poses as a teenager or a child and befriends a minor on child-friendly websites or social media outlets and builds an emotional connection with the victim. The main goal is to obtain intimate and personal data of the minor, often in the form of sexual chats, pictures or videos, to threaten and coerce them into continuing such acts. The grooming process usually begins with seemingly harmless inquiries about the minor's age, interests, and family background. Over time, these questions gradually shift to topics concerning sexual experiences and desires. Research and data indicate that online grooming is primarily carried out by males, who frequently choose their victims based on attractiveness, ease of access, and the ability to exploit the minor's vulnerabilities. 

Beyond Sexual Exploitation: Ideological and Commercial Grooming

Grooming is not confined to sexual exploitation. The rise of technology has expanded the influence of extremist ideological groups, granting them access to children who can be coerced into adopting their beliefs. This phenomenon, known as ideological grooming, presents significant personal, social, national security, and law enforcement challenges. Additionally, a new trend, termed digital commercial grooming, involves malicious actors manipulating minors into procuring and using drugs. Violent extremists are improving their online recruitment strategies, learning from each other to target and recruit supporters more effectively and are constantly leveraging children’s vulnerabilities to reinforce anti-government ideologies.

Policy Recommendations to Combat Cyber Grooming

To address the pervasive issue of cyber grooming and child recruitment by extremist groups, several policy recommendations can be implemented. Social media and online platforms should enhance their monitoring and reporting systems to swiftly detect and remove grooming behaviours. This includes investing in AI technologies for content moderation and employing dedicated teams to respond to reports promptly. Additionally, collaborative efforts with cybersecurity experts and child psychologists to develop educational campaigns and tools that teach children about online safety and identify grooming tactics should be mandated. Legislation should also be strengthened to include provisions specifically addressing cyber grooming, ensuring strict penalties for offenders and protections for victims. In this regard, international cooperation among law enforcement agencies and tech companies is essential to create a unified approach to tackling cross-border online threats to children's safety and security.

References:

1. Lanning, Kenneth “The Evolution of Grooming: Concept and Term”, Journal of Interpersonal Violence, 2018, Vol. 33 (1) 5-16. https://www.nationalcac.org/wp-content/uploads/2019/05/The-evolution-of-grooming-Concept-and-term.pdf 
2. Jonie Chiu, Ethel Quayle, “Understanding online grooming: An interpretative phenomenological analysis of adolescents' offline meetings with adult perpetrators”, Child Abuse & Neglect, Volume 128, 2022, 105600, ISSN 0145-2134,https://doi.org/10.1016/j.chiabu.2022.105600. https://www.sciencedirect.com/science/article/pii/S014521342200120X 
3. “Online child sexual exploitation and abuse”, Sharinnf Electronic Resources on Laws and Crime, United Nations Office for Drugs and Crime. https://sherloc.unodc.org/cld/en/education/tertiary/cybercrime/module-12/key-issues/online-child-sexual-exploitation-and-abuse.html 
4. Mehrotra, Karishma, “In the pandemic, more Indian children are falling victim to online grooming for sexual exploitation” The Scroll.in, 18 September 2021. https://scroll.in/magazine/1005389/in-the-pandemic-more-indian-children-are-falling-victim-to-online-grooming-for-sexual-exploitation 
5. Lorenzo-Dus, Nuria, “Digital Grooming: Discourses of Manipulation and Cyber-Crime”, 18 December 2022 https://academic.oup.com/book/45362
6. Strategic orientations on a coordinated EU approach to prevention of radicalisation in 2022-2023 https://home-affairs.ec.europa.eu/system/files/2022-03/2022-2023%20Strategic%20orientations%20on%20a%20coordinated%20EU%20approach%20to%20prevention%20of%20radicalisation_en.pdf 
7. “Handbook on Children Recruited and Exploited by Terrorist and Violent Extremist Groups: The Role of the Justice System”, United Nations Office on Drugs and Crime, 2017. https://www.unodc.org/documents/justice-and-prison-reform/Child-Victims/Handbook_on_Children_Recruited_and_Exploited_by_Terrorist_and_Violent_Extremist_Groups_the_Role_of_the_Justice_System.E.pdf 

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Introduction

Attacks by cybercriminals targeting national critical infrastructure are increasing at an unsettling rate. Such attacks have the potential to do severe damage by upsetting transportation networks, utilities, financial services, and other vital infrastructure. The physical and digital systems that underpin a nation's economy are known as critical infrastructure thus if they were to be disrupted, there would be serious risks to the economy and public health and safety. Establishing proper cybersecurity measures and protecting those digital systems from possible threats or cyberattacks is necessary. Both public and private sector assets are included in these essential infrastructure categories.

Nationwide alert:

Recently one of the biggest hacker organizations has warned of an upcoming cyberattack on the critical infrastructure and websites in India, causing a countrywide alert. A gang of hackers from Indonesia and Pakistan, celebrating 4,000 members, announced a planned “Cyber Party” on 11 December 2023. The event’s claimed goal is to compromise and disrupt India's digital infrastructure. They disclosed this information on their Telegram channel.

This hacker organization holds a record of launching extensive cyberattacks; in the past, it sent out a "red notice" that was intended to target 12,000 websites run by the Indian government. They have previously attacked other nations, such as Israel, Sweden, and the United States. Their reasons are varied and might include anything from assaults on certain groups to religious disagreements.

The gang has also been acclaimed for hacking into a New York City police agency, obtaining health and social media data from Israel, and exposing information from Swedish social media users. These alarming events show how urgently strong and all-encompassing cybersecurity measures are needed, not only in India but throughout the world.

Effect(s) on India

1.  Central Agencies Are Alert, Expect Health Sector Attacks: The cyberinfrastructure of the health sector has been a common target of assaults, particularly in the aftermath of the COVID-19 epidemic, which has authorities particularly concerned. Relevant ministries have received notifications from central authorities advising them to take precautions against unwanted access. The security of digital infrastructure is seriously challenged by the constantly changing panorama of cyber-attacks, according to those who are aware of the warning and threat.

2. National security concerns: Because of the interconnectedness of critical national infrastructure, a cyberattack may have an impact on national security. Attacks against defense networks, intelligence organizations health infrastructure, or military systems, for instance, might make it more difficult for the nation to respond to threats from outside.

3.    Concerns for Public Safety and Health: Cyberattacks on healthcare systems run the risk of compromising patient data, stopping medical procedures, and even endangering the general public's health. This might have potentially fatal results in urgent circumstances.

4.  Data Breach and Privacy Issues: Stealing confidential data is a common component of cybersecurity assaults. A breach of critical infrastructure systems might result in sensitive data, including personal information, being misused and accessed without authorization, raising privacy issues.

Preventive and protective measures

1.    The plan for responding to incidents: Make sure a clear incident response strategy is in place, with a focus on healthcare systems, and that it is especially designed to handle cyber-attacks on critical infrastructure.

2.  Better Tracking: Observing vital networks, systems, and data flows more closely, especially in the healthcare industry. Using cutting-edge threat detection technologies to spot odd or questionable activity.

3.   Critical System Isolation: Cutting off vital healthcare systems from the wider network to reduce the chance of attackers moving laterally.

4.   Continual Backups: Make sure that backup copies of important data and systems are kept in a safe, isolated location by regularly backing them up. In the event of a ransomware attack or data breach, this makes recovery easier.

5.    Update and patch systems: Make sure that all operating systems and apps utilized in the infrastructure of the healthcare industry are updated with the most recent security updates.

6. Protocols for Communication: In the case of a cyber-incident, establishing explicit communication mechanisms to guarantee that pertinent parties are notified as soon as possible. This covers correspondence with law enforcement, the public, and other members of the healthcare industry as needed.

Conclusion

Urgent preventative actions are essential in response to an impending cyber threat revealed by a large hacker organization that is targeting India's key infrastructure, specifically the healthcare sector. The interconnectedness of this infrastructure puts public safety, privacy, and national security in danger. A crucial defensive approach is formed by the proactive measures mentioned, which include communication protocols, system isolation, improved monitoring, incident response preparation, and frequent backups. The dangers underline the necessity of international collaboration in tackling cybersecurity issues and the requirement for shared responsibility of everyone to safeguard digital networks. To reduce risks and guarantee the resilience of vital national infrastructure in the face of changing cyber threats, authorities must continue to develop and adapt their cybersecurity tactics.

References:

• https://www.cnbctv18.com/technology/exclusive--nationwide-alert-sounded-as-hacker-group-plans-cyber-party-to-attack-indias-critical-digital-infra-18520021.htm
• https://www.the420.in/ndian-authorities-high-alert-hacker-groups-threaten-cyber-assault/
• https://www.cnbctv18.com/technology/exclusive--nationwide-alert-sounded-as-hacker-group-plans-cyber-party-to-attack-indias-critical-digital-infra-18520021.htm#:~:text=By%20News18.com%20Dec%208,%3A58%20AM%20IST%20(Published)&text=A%20nationwide%20alert%20has%20been,Indian%20websites%20and%20critical%20infrastructure
• https://verveindustrial.com/resources/blog/critical-infrastructure-cyber-security/