The NHRC Advisory on CSAM
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/
Related Blogs
Introduction
WhatsApp has become the new platform for scams, and the number of cases of WhatsApp scams is increasing daily. Just like that, a new WhatsApp scam has been started, and many WhatsApp users in India have reported receiving missed calls from unknown international numbers. Worse, one does not even have to answer the call to be scammed. A missed call is sufficient to be scammed.
Millions of populations switch from normal SMS to WhatsApp, usually, people used to get fake messages and marketing messages, but the trend of scamming has been evolving now. Most people get calls from different countries, and they are concerned about how these scammers got the numbers. WhatsApp works through VoIP networks, so no extra charges from any country exist. And about 500 million WhatsApp users are getting these scam calls, the calls are mainly on job-scams of promising part-time employment and opportunities. These types of job scam calls have been started reporting in 2023.
People reporting missed calls from countries like Ethiopia (+251), Malaysia (+60), Indonesia (+62), Vietnam (+84), etc.
The agenda of these calls are still unclear. Still, in some cases, the scammers ask for confidential information from WhatsApp users, like bank details, so the users must not reveal their personal information. Also, it is important to note that if you get any calls from a particular country, it necessarily does not mean it is from that country. Various agencies sell international numbers for WhatsApp calls.
Why has WhatsApp become a hub scam?
The generation has evolved and dumped the old SMS into WhatsApp. From school to college and offices, people use WhatsApp for their official work, as it is very easy and user-friendly, so people avoid safety measures. Generally, users need to understand the consequences of technology and use it with safeguards and awareness. Many people lose money and become victims of scams on WhatsApp as they share their confidential information. And the worse is that one does not even have to answer the call to be scammed. A missed call is sufficient to be scammed.
Before these international calls scam, the user received a call from the scam that they were from KBC, and the user won something. Then sought confidential information by the excuse that they would transfer the money to the user, and because of that user got scammed by the scammers. These scams have risen rapidly lately.
Safeguards users can use against these scam calls
WhatsApp responds to complaints regarding international calls to “block and report.”
If you have already received such calls, the best thing you can do is report and block them right away. As a result, the same number does not return to your phone, and numerous identical reports may persuade WhatsApp to delete the number entirely.
WhatsApp is also working on an update allowing users to block calls from unknown numbers on the service.
Users must modify their phone’s and app’s fundamental privacy settings to protect themselves from data breaches. The calls are directed toward app users who are actively using the app. However, by modifying the account’s appearance, a user can lessen the likelihood of being added to the scammers’ attack lists.
Limit Privacy
Begin by modifying WhatsApp’s ‘who can see’ settings. If your profile photo, last seen, and online status are visible to anybody, restrict them to persons on your contact list only. Change the About and Groups options as well.
Turn on two-factor authentication
Enabling two-factor authentication on WhatsApp adds more security to your data. In addition, the app also supports biometric protection in case of theft or loss.
Active Reporting
The users should report as soon as they see something odd or suspicious activity.
A typical question that users have is, ‘Where do the scammers acquire my phone number from?’
The answer is a little more complicated than we thought. Your data is retained on the company database from the time you sign up on a website or reveal your phone number at a store in order to take advantage of promotional offers and promotions. Due to a lack of technological infrastructure and legislation to protect personal data, a scammer can simply obtain your information.
According to Palo Alto research, India is the second most vulnerable country in the APAC region in terms of cyberattacks and data breaches. A data protection law is essential in the face of increasing calls and data breaches.
The Digital Personal Data Protection bill is set to be introduced in the parliament’s monsoon session. The bill has the potential to protect data, which will help to eliminate scams.
Conclusion
Several people had tweeted on tweeter about receiving fake calls on WhatsApp from international numbers more than once. WhatsApp encrypts calls and messages, making it difficult to track the person, and it appears that hackers are taking advantage of this to swindle customers. If you receive a WhatsApp call from any of the above ISD codes, we strongly advise you not to answer it and to block the number so the bad actors do not call you again. Report & block immediately that’s what WhatsApp has been responding to the complainants.
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Introduction
Digitalization in India has been a transformative force, India is also marked as the second country in the world in terms of active internet users. With this adoption of digitalization and technology, the country is becoming a digitally empowered society and knowledge-based economy. However, the number of cyber crimes in the country has also seen a massive spike recently with the sophisticated cyber attacks and manipulative techniques being used by cybercriminals to lure innocent individuals and businesses.
As per recent reports, over 740,000 cybercrime cases were reported to the I4C, in the first four months of 2024, which raises serious concern on the growing nature of cyber crimes in the country. Recently Prime Minister Modi in his Mann Ki Baat address, cautioned the public about a particular rising cyber scam known as ‘digital arrest’ and highlighted the seriousness of the issue and urged people to be aware and alert about such scams to counter them. The government has been keen on making efforts to reduce and combat cyber crimes by introducing new measures and strengthening the regulatory landscape governing cyberspace in India.
Indian Cyber Crime Coordination Centre
Indian Cybercrime Coordination Centre (I4C) was established by the Ministry of Home Affairs (MHA) to provide a framework and eco-system for law enforcement agencies (LEAs) to deal with cybercrime in a coordinated and comprehensive manner. I4C handles the ‘National Cyber Crime Reporting Portal’ (https://cybercrime.gov.in) and the 1930 Cyber Crime Helpline. Recently at the Indian Cyber Crime Coordination Centre (I4C) Foundation Day celebration, Union Home Minister Amit Shah launched the Cyber Fraud Mitigation Centre (CFMC), Samanvay platform (Joint Cybercrime Investigation Facilitation System), 'Cyber Commandos' program and Online Suspect Registry as efforts to combat the cyber crimes, establish cyber resilence and awareness and strengthening capabilities of law enforcement agencies.
Regulatory landscape Governing Cyber Crimes
Information Technology Act, 2000 (IT Act) and the rules made therein, the Intermediary Guidelines, Digital Personal Data Protection Act, 2023 and Bhartiya Nyay Sanhita, 2023 are the major legislation in India governing Cyber Laws.
CyberPeace Recommendations
There has been an alarming uptick in cybercrimes in the country highlighting the need for proactive approaches to counter these emerging threats. The government should prioritise its efforts by introducing robust policies and technical measures to reduce cybercrime in the country. The law enforcement agencies' capabilities must be strengthened with advanced technologies to deal with cyber crimes especially considering the growing sophisticated nature of cyber crime tactics used by cyber criminals.
The netizens must be aware of the manipulative tactics used by cyber criminals to target them. Social media companies must also implement robust measures on their respective platforms to counter and prevent cyber crimes. Coordinated approaches by all relevant authorities, including law enforcement, cybersecurity agencies, and regulatory bodies, along with increased awareness and proactive engagement by netizens, can significantly reduce cyber threats and online criminal activities.
References
- https://www.statista.com/statistics/1499739/india-cyber-crime-cases-reported-to-i4c/#:~:text=Cyber%20crime%20cases%20registered%20by%20I4C%20India%202019%2D2024&text=Over%20740%2C000%20cases%20of%20cyber,related%20to%20online%20financial%20fraud
- https://www.deccanherald.com/india/parliament-panel-to-examine-probe-agencies-efforts-to-tackle-cyber-crime-illegal-immigration-3270314
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2003158
Introduction
In the age of advanced technology, Cyber threats continue to grow, and so are the cyber hubs. A new name has been added to the cyber hub, Purnia, a city in India, is now evolving as a new and alarming menace-biometric cloning and financial crimes. This emerging cyber threat involves replicating an individual’s biometric data, such as fingerprint or facial recognition, to gain unauthorised access to their bank accounts and carry out fraudulent activities. In this blog, we will have a look at the methods employed, the impact on individuals and institutions, and the necessary steps to mitigate the risk.
The Backdrop
Purnia, a bustling city in the state of Bihar, India, is known for its rich cultural heritage, However, underneath its bright appearance comes a hidden danger—a rising cyber threat with the potential to devastate its citizens’ financial security. Purnia has seen the growth of a dangerous trend in recent years, such as biometric cloning for financial crimes, after several FIRs were registered with Kasba and Amaur police stations. The Police came into action and started an investigation.
Modus Operandi unveiled
The modus Operandi of cyber criminals includes hacking into databases, intercepting data during transactions, or even physically obtaining fingerprints of facial images from objects or surfaces. Let’s understand how they gathered all this data and why Bihar was not targeted.
These criminals are way smart they operate in the three states. They targeted and have open access to obtain registry and agreement paperwork from official websites, albeit it is not available online in Bihar. As a result, the scam was conducted in other states rather than Bihar; further, the fraudsters were involved in downloading the fingerprints, biometrics, and Aadhaar numbers of buyers and sellers from the property registration documents of Andhra Pradesh, Haryana, and Telangana.
After Cloning fingerprints, the fraudster withdrew money after linking with Aadhaar Enabled Payment System (AEPS) from various bank accounts. The fraudsters stamped the fingerprint on rubber trace paper and utilised a polymer stamp machine and heating at a specific temperature with a chemical to make duplicate fingerprints used in unlawful financial transactions from several consumers’ bank accounts.
Investigation Insight
After the breakthrough, the police teams recovered a large number of smartphones, ATM cards, rubber stamps of fingerprints, Aadhar numbers, scanners, Stamp machines, laptops, and chemicals, and along with this, 17 people were arrested.
During the investigation, it was found that the cybercriminals employ Sophisticated money laundering techniques to obscure the illicit origins of the stolen funds. The fraudsters transfer money into various /multiple accounts or use cryptocurrency. Using these tactics makes it more challenging for authorities to trace back money and get it back.
Impact of biometric Cloning scam
The Biometric scam has far-reaching implications both for society, Individuals, and institutions. These kinds of scams cause financial losses and create emotional breakdowns, including anger, anxiety, and a sense of violation. This also broke the trust in a digital system.
It also seriously impacts institutions. Biometric cloning frauds may potentially cause severe reputational harm to financial institutions and organisations. When clients fall prey to such frauds, it erodes faith in the institution’s security procedures, potentially leading to customer loss and a tarnished reputation. Institutions may suffer legal and regulatory consequences, and they must invest money in investigating the incident, paying victims, and improving their security systems to prevent similar instances.
Raising Awareness
Empowering Purnia Residents to Protect Themselves from Biometric Fraud: Purnia must provide its inhabitants with knowledge and techniques to protect their personal information as it deals with the increasing issue of biometric fraud. Individuals may defend themselves from falling prey to these frauds by increasing awareness about biometric fraud and encouraging recommended practices. This blog will discuss the necessity of increasing awareness and present practical recommendations to help Purnia prevent biometric fraud. Here are some tips that one can follow;
- Securing personal Biometric data: It is crucial to safeguard personal biometric data. Individuals should be urged to secure their fingerprints, face scans, and other biometric information in the same way that they protect their passwords or PINs. It is critical to ensure that biometric data is safely maintained and shared with only trustworthy organisations with strong security procedures in place.
- Verifying Service providers: Residents should be vigilant while submitting biometric data to service providers, particularly those providing financial services. Before disclosing any sensitive information, it is important to undertake due diligence and establish the validity and reliability of the organisation. Checking for relevant certificates, reading reviews, and getting recommendations can assist people in making educated judgments and avoiding unscrupulous companies.
- Personal Cybersecurity: Individuals should implement robust cybersecurity practices to reduce the danger of biometric fraud. This includes using difficult and unique passwords, activating two-factor authentication, upgrading software and programs on a regular basis, and being wary of phishing efforts. Individuals should also refrain from providing personal information or biometric data via unprotected networks or through untrustworthy sources.
- Educating the Elderly and Vulnerable Groups: Special attention should be given to educating the elderly and other vulnerable groups who may be more prone to scams. Awareness campaigns may be modified to their individual requirements, emphasising the significance of digital identities, recognising possible risks, and seeking help from reliable sources when in doubt. Empowering these populations with knowledge can help keep them safe from biometric fraud.
Measures to Stay Ahead
As biometric fraud is a growing concern, staying a step ahead is essential. By following these simple steps, one can safeguard themselves.
- Multi-factor Authentication: MFA is one of the best methods for security. MFA creates multi-layer security or extra-layer security against unauthorised access. MFA incorporates a biometric scan and a password.
- Biometric Encryption: Biometric encryption securely stores and transmits biometric data. Rather than keeping raw biometric data, encryption methods transform it into mathematical templates that cannot be reverse-engineered. These templates are utilised for authentication, guaranteeing that the original biometric information is not compromised even if the encrypted data is.
- AI and Machine Learning (ML): AI and ML technologies are critical in detecting and combating biometric fraud. These systems can analyse massive volumes of data in real-time, discover trends, and detect abnormalities. Biometric systems may continually adapt and enhance accuracy by employing AI and ML algorithms, boosting their capacity to distinguish between legitimate users and fraudulent efforts.
Conclusion
The Biometric fraud call needs immediate attention to protect the bankers from the potential consequences. By creating awareness, we can save ourselves; additionally, by working together, we can create a safer digital environment. The use of biometric verification was inculcated to increase factor authentication for a banker. However, we see that the bad actors have already started to bypass the tech and even wreak havoc upon the netizens by draining their accounts of their hard-earned money. The banks and the cyber cells nationwide need to work together in synergy to increase awareness and safety mechanisms to prevent such cyber crimes and create effective and efficient redressal mechanisms for the citizens.
