Supreme Court Landmark Ruling: CSEAM is an offence under POSCO and IT Act
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
Recent advances in space exploration and technology have increased the need for space laws to control the actions of governments and corporate organisations. India has been attempting to create a robust legal framework to oversee its space activities because it is a prominent player in the international space business. In this article, we’ll examine India’s current space regulations and compare them to the situation elsewhere in the world.
Space Laws in India
India started space exploration with Aryabhtta, the first satellite, and Rakesh Sharma, the first Indian astronaut, and now has a prominent presence in space as many international satellites are now launched by India. NASA and ISRO work closely on various projects
India currently lacks any space-related legislation. Only a few laws and regulations, such as the Indian Space Research Organisation (ISRO) Act of 1969 and the National Remote Sensing Centre (NRSC) Guidelines of 2011, regulate space-related operations. However, more than these rules and regulations are essential to control India’s expanding space sector. India is starting to gain traction as a prospective player in the global commercial space sector. Authorisation, contracts, dispute resolution, licencing, data processing and distribution related to earth observation services, certification of space technology, insurance, legal difficulties related to launch services, and stamp duty are just a few of the topics that need to be discussed. The necessary statute and laws need to be updated to incorporate space law-related matters into domestic laws.
India’s Space Presence
Space research activities were initiated in India during the early 1960s when satellite applications were in experimental stages, even in the United States. With the live transmission of the Tokyo Olympic Games across the Pacific by the American Satellite ‘Syncom-3’ demonstrating the power of communication satellites, Dr Vikram Sarabhai, the founding father of the Indian space programme, quickly recognised the benefits of space technologies for India.
As a first step, the Department of Atomic Energy formed the INCOSPAR (Indian National Committee for Space Research) under the leadership of Dr Sarabhai and Dr Ramanathan in 1962. The Indian Space Research Organisation (ISRO) was formed on August 15, 1969. The prime objective of ISRO is to develop space technology and its application to various national needs. It is one of the six largest space agencies in the world. The Department of Space (DOS) and the Space Commission were set up in 1972, and ISRO was brought under DOS on June 1, 1972.
Since its inception, the Indian space programme has been orchestrated well. It has three distinct elements: satellites for communication and remote sensing, the space transportation system and application programmes. Two major operational systems have been established – the Indian National Satellite (INSAT) for telecommunication, television broadcasting, and meteorological services and the Indian Remote Sensing Satellite (IRS) for monitoring and managing natural resources and Disaster Management Support.
Global Scenario
The global space race has been on and ever since the moon landing in 1969, and it has now transformed into the new cold war among developed and developing nations. The interests and assets of a nation in space need to be safeguarded by the help of effective and efficient policies and internationally ratified laws. All nations with a presence in space do not believe in good for all policy, thus, preventive measures need to be incorporated into the legal system. A thorough legal framework for space activities is being developed by the United Nations Office for Outer Space Affairs (UNOOSA). The “Outer Space Treaty,” a collection of five international agreements on space law, establishes the foundation of international space law. The agreements address topics such as the peaceful use of space, preventing space from becoming militarised, and who is responsible for damage caused by space objects. Well-established space laws govern both the United States and the United Kingdom. The National Aeronautics and Space Act, which was passed in the US in 1958 and established the National Aeronautics and Space Administration (NASA) to oversee national space programmes, is in place there. The Outer Space Act of 1986 governs how UK citizens and businesses can engage in space activity.
Conclusion
India must create a thorough legal system to govern its space endeavours. In the space sector, there needs to be a legal framework to avoid ambiguity and confusion, which may have detrimental effects. The Pacific use of space for the benefit of humanity should be covered by domestic space legislation in India. The overall scenario demonstrates the requirement for a clearly defined legal framework for the international acknowledgement of a nation’s space activities. India is fifth in the world for space technology, which is an impressive accomplishment, and a strong legal system will help India maintain its place in the space business.
Introduction
DDoS – Distributed Denial of Service Attack is one of the cyber-attacks which has been evolving at the fastest pace, the new technologies have created a blanket of vulnerability for the victim which allows the cyber criminals to stay under the radar and keep launching small scale high intensity cyber attacks. A distributed denial-of-service (DDoS) attack is a malicious attempt to disrupt the normal traffic of a targeted server, service, or network by overwhelming the target or its surrounding infrastructure with a flood of Internet traffic. DDoS attacks achieve effectiveness by utilizing multiple compromised computer systems as sources of attack traffic. Exploited machines can include computers and other networked resources such as IoT devices. From a high level, a DDoS attack is like an unexpected traffic jam clogging up the highway, preventing regular traffic from arriving at its destination.
Op Power Off
In a recent Operation by Law enforcement agencies known as Op Power Off, LEAs from United Kingdom, United States of America, Netherlands, Poland, and Germany joined hands to target the cybergroups committing such large-scale attacks which can paralyse the Internet become inaccessible for a large faction of netizens. The services collectively seized were by far the most popular DDoS booter services on the market, receiving top billing on search engines. One such service taken down had been used to carry out over 30 million attacks. As part of this action, seven administrators have been arrested so far in the United States and the United Kingdom, with further actions planned against the users of these illegal services. International police cooperation was central to the success of this operation as the administrators, users, critical infrastructure, and victims were scattered across the world. Europol’s European Cybercrime Centre coordinated the activities in Europe through its Joint Cybercrime Action Taskforce (J-CAT).
Participating Authorities
- United States: US Department of Justice (US DOJ), Federal Bureau of Investigation (FBI)
- United Kingdom: National Crime Agency (NCA)
- The Netherlands: National High Tech Crime Unit Landelijke Eenheid, Cybercrime team Midden-Nederland, Cybercrime team Noord-Holland and Cybercrime team Den Haag
- Germany: Federal Criminal Police Office (Bundeskriminalamt), Hanover Police Department (Polizeidirektion Hannover), Public Prosecutor’s Office Verden (Staatsanwaltschaft Verden)
- Poland: National Police Cybercrime Bureau (Biuro do Walki z Cyber-przestępczością)
Issue related to DDoS Attacks
DDoS booter services have effectively lowered the entry barrier into cybercrime: for a fee as low as EUR 10, any low-skilled individual can launch DDoS attacks with the click of a button, knocking offline whole websites and networks by barraging them with traffic. The damage they can do to victims can be considerable, crippling businesses financially and depriving people of essential services offered by banks, government institutions, and police forces. Emboldened by perceived anonymity, many young IT enthusiasts get involved in this seemingly low-level crime, unaware of the consequences that such online activities can carry. The influence of toolkits available on the dark net has made it easier for criminals to commit such crimes and at times even get away with it as well.
Recent examples of DDoS Attacks
- In February 2020, Amazon Web Services (AWS) suffered a DDoS attack sophisticated enough to keep its incident response teams occupied for several days also affecting customers worldwide.
- In February 2021, the EXMO Cryptocurrency exchange fell victim to a DDoS attack that rendered the organization inoperable for almost five hours.
- Recently, Australia experienced a significant, sustained, state-sponsored DDoS attack.
- Belgium also became a victim of a DDoS attack that targeted the country’s parliament, police services, and universities.
DDoS vs. DoS Attacks: What’s the Difference?
It’s important to avoid confusing a DDoS (distributed denial of service) attack with a DoS (denial of service) attack. Although only one word separates the two, these attacks vary significantly in nature.
- Strictly defined, a typical DDoS attack manipulates many distributed network devices between the attacker and the victim into waging an unwitting attack, exploiting legitimate behavior.
- A traditional DoS attack doesn’t use multiple, distributed devices, nor does it focus on devices between the attacker and the organization. These attacks also tend not to use multiple internet devices.
Conclusion
In this era of cyberspace, it is of paramount importance to maintain digital safety and security equivalent to physical safety, the cybercriminals will not stop at anything and can stoop to any level to target netizens and critical infrastructures in order to commit ransomware and malware attacks. As we can see DDoS-ing is taken seriously by law enforcement, at all levels of users, and are on the radar of law enforcement, be it a gamer booting out the competition out of a video game, or a high-level hacker carrying out DDoS attacks against commercial targets for financial gain.
Executive Summary:
In the recent advisory the Indian Computer Emergency Response Team (CERT-In) has released a high severity warning in the older versions of the software across Apple devices. This high severity rating is because of the multiple vulnerabilities reported in Apple products which could allow the attacker to unfold the sensitive information, and execute arbitrary code on the targeted system. This warning is extremely useful to remind of the necessity to have the software up to date to prevent threats of a cybernature. It is important to update the software to the latest versions and cyber hygiene practices.
Devices Affected:
CERT-In advisory highlights significant risks associated with outdated software on the following Apple devices:
- iPhones and iPads: iOS versions that are below 18 and the 17.7 release.
- Mac Computers: All macOS builds before 14.7 (20G71), 13.7 (20H34), and earlier 20.2 for Sonoma, Ventura, Sequoia, respectively.
- Apple Watches: watchOS versions prior to 11
- Apple TVs: tvOS versions prior to 18
- Safari Browsers: versions prior to 18
- Xcode: versions prior to 16
- visionOS: versions prior to 2
Details of the Vulnerabilities:
The vulnerabilities discovered in these Apple products could potentially allow attackers to perform the following malicious activities:
- Access sensitive information: The attackers could easily access the sensitive information stored in other parts of the violated gadgets.
- Execute arbitrary code: The web page could be compromised with malcode and run on the targeted system which in the worst scenario would give the intruder full Administrator privileges on the device.
- Bypass security restrictions: Measures agreed to safeguard the device and information contained on it may be easily bypassed and the system left open to more proliferation.
- Cause denial-of-service (DoS) attacks: The vulnerabilities could be used to cause the targeted device or service to be unavailable to the rightful users.
- Perform spoofing attacks: There could be a situation where the attackers created fake entities or users or accounts to have a way into important information or do other unauthorized activities.
- Elevate privileges: It is also stated that weaknesses might be exploited to authorize the attacker a higher level of privileges in the system they are targets.
- Engage in cross-site scripting (XSS) attacks: Some of them make the associated Web applications/sites prone to XSS attacks by injecting hostile scripts into Web page code.
Vulnerabilities:
CVE-2023-42824
- Attack vector could allow a local attacker to elevate their privileges and potentially execute arbitrary code.
Affected System
- Apple's iOS and iPadOS software
CVE-2023-42916
- To improve the out of bounds read it was mitigated with improved input validation which was resolved later.
Affected System
- Safari, iOS, iPadOS, macOS, and Apple Watch Series 4 and later devices running watchOS 10.2
CVE-2023-42917
- leads to arbitrary code execution, and there have been reports of it being exploited in earlier versions of iOS.
Affected System
- Apple's Safari browser, iOS, iPadOS, and macOS Sonoma systems
Recommended Actions for Users:
To mitigate these risks, that users take immediate action:
- Update Software: Ensure all your devices are on the most current version of the operating systems they use. Repetitive updates have important security updates that fix identified weaknesses or flaws within the system.
- Monitor Device Activity: Stay vigilant if something doesn’t seem right; if your gadgets are accessed by someone who isn’t you.
- Always use strong, distinct passwords and use two-factor authentication.
- Install and update the antivirus and Firewall softwares.
- Avoid downloading any applications or clicking link from unknown sources
Conclusion:
The advisory from CERT-In, clearly demonstrates the fundamental need of keeping the software on all Apple devices up to date. Consumers need to act right away to patch their devices and apply best security measures like using multiple factors for login and system scanning. This advisory has come out when Apple has just released new products into the market such as the iPhone 16 series in India. When consumers embrace new technologies it is important for them to observe relevant measures of security precautions. Maintaining good cyber hygiene is a critical process for the protection against new threats.
Reference:
- https://www.cert-in.org.in/s2cMainServlet?pageid=PUBVLNOTES02&VLCODE=CIAD-2023-0043
- https://www.cve.org/CVERecord?id=CVE-2023-42916
- https://www.cve.org/CVERecord?id=CVE-2023-42917
- https://www.bizzbuzz.news/technology/gadjets/cert-in-issues-advisory-on-vulnerabilities-affecting-iphones-ipads-and-macs-1337253#google_vignette
- https://www.wionews.com/videos/india-warns-apple-users-of-high-severity-security-risks-in-older-software-761396
