With Valentine’s Week Around the Corner, Don’t Let a Scammer Steal Your Heart!

Introduction

The Ministry of Electronics and Information Technology recently released the IT Intermediary Guidelines 2023 Amendment for social media and online gaming. The notification is crucial when the Digital India Bill’s drafting is underway. There is no denying that this bill, part of a series of bills focused on amendments and adding new provisions, will significantly improve the dynamics of Cyberspace in India in terms of reporting, grievance redressal, accountability and protection of digital rights and duties.

What is the Amendment?

The amendment comes as a key feature of cyberspace as the bill introduces fact-checking, a crucial aspect of relating information on various platforms prevailing in cyberspace. Misformation and disinformation were seen rising significantly during the Covid-19 pandemic, and fact-checking was more important than ever. This has been taken into consideration by the policymakers and hence has been incorporated as part of the Intermediary guidelines. The key features of the guidelines are as follows –

• The phrase “online game,” which is now defined as “a game that is offered on the Internet and is accessible by a user through a computer resource or an intermediary,” has been added.
• A clause has been added that emphasises that if an online game poses a risk of harm to the user, intermediaries and complaint-handling systems must advise the user not to host, display, upload, modify, publish, transmit, store, update, or share any data related to that risky online game.
• A proviso to Rule 3(1)(f) has been added, which states that if an online gaming intermediary has provided users access to any legal online real money game, it must promptly notify its users of the change, within 24 hours.
• Sub-rules have been added to Rule 4 that focus on any legal online real money game and require large social media intermediaries to exercise further due diligence. In certain situations, online gaming intermediaries:

• Are required to display a demonstrable and obvious mark of verification of such online game by an online gaming self-regulatory organisation on such permitted online real money game
• Will not offer to finance themselves or allow financing to be provided by a third party.
• Verification of real money online gaming has been added to Rule 4-A.

• The Ministry may name as many self-regulatory organisations for online gaming as it deems necessary for confirming an online real-money game.
• Each online gaming self-regulatory body will prominently publish on its website/mobile application the procedure for filing complaints and the appropriate contact information.
• After reviewing an application, the self-regulatory authority may declare a real money online game to be a legal game if it is satisfied that:

• There is no wagering on the outcome of the game.
• Complies with the regulations governing the legal age at which a person can engage into a contract.
• The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 have a new rule 4-B (Applicability of certain obligations after an initial period) that states that the obligations of the rule under rules 3 and 4 will only apply to online games after a three-month period has passed.
• According to Rule 4-C (Obligations in Relation to Online Games Other Than Online Real Money Games), the Central Government may direct the intermediary to make necessary modifications without affecting the main idea if it deems it necessary in the interest of India’s sovereignty and integrity, the security of the State, or friendship with foreign States.
• Intermediaries, such as social media companies or internet service providers, will have to take action against such content identified by this unit or risk losing their “safe harbour” protections under Section 79 of the IT Act, which let intermediaries escape liability for what third parties post on their websites. This is problematic and unacceptable. Additionally, these notified revisions can circumvent the takedown order process described in Section 69A of the IT Act, 2000. They also violated the ruling in Shreya Singhal v. Union of India (2015), which established precise rules for content banning.
• The government cannot decide if any material is “fake” or “false” without a right of appeal or the ability for judicial monitoring since the power to do so could be abused to thwart examination or investigation by media groups. Government takedown orders have been issued for critical remarks or opinions posted on social media sites; most of the platforms have to abide by them, and just a few, like Twitter, have challenged them in court.

Conclusion

The new rules briefly cover the aspects of fact-checking, content takedown by Govt, and the relevance and scope of sections 69A and 79 of the Information Technology Act, 2000. Hence, it is pertinent that the intermediaries maintain compliance with rules to ensure that the regulations are sustainable and efficient for the future. Despite these rules, the responsibility of the netizens cannot be neglected, and hence active civic participation coupled with such efficient regulations will go a long way in safeguarding the Indian cyber ecosystem.

Introduction

Romance scams have been rised in India. A staggering 66 percent of individuals in India have been ensnared by the siren songs of deceitful online dating schemes. These are not the attempts of yesteryears but rather a new breed of scams, seamlessly weaving the threads of traditional deceit with the sinew of cutting-edge technologies such as generative AI and deep fakes. A report by Tenable highlights the rise of romance scams in India, which now combine traditional tactics with advanced technologies like generative AI and deepfakes. Over 69% of Indians struggle to distinguish between artificial and authentic human voices. Scammers are using celebrity impersonations and platforms like Facebook to lure victims into a false sense of security.

The Romance Scam

A report by Tenable, the exposure management company, illuminates the disturbing evolution of these romance scams. It reveals a reality: AI-generated deep lakes have attained a level of sophistication where an astonishing 69 percent of Indians confess to struggling to discern between artificial and authentic human voices. This technological prowess has armed scammers with the tools to craft increasingly convincing personas, enabling them to perpetrate their nefarious acts with alarming success.

In 2023 alone, 43 percent of Indians reported falling victim to AI voice scams, with a staggering 83 percent of those targeted suffering financial loss. The scammers, like puppeteers, manipulate their digital marionettes with a deftness that is both awe-inspiring and horrifying. They have mastered the art of impersonating celebrities and fabricating personas that resonate with their targets, particularly preying on older demographics who may be more susceptible to their charms.

Social media platforms, which were once heralded as the town squares of the 21st century, have unwittingly become fertile grounds for these fraudulent activities. They lure victims into a false sense of security before the scammers orchestrate their deceitful symphonies. Chris Boyd, a staff research engineer at Tenable, issues a stern warning against the lure of private conversations, where the protective layers of security are peeled away, leaving individuals exposed to the machinations of these digital charlatans.

The Vulnerability of Individuals 

The report highlights the vulnerability of certain individuals, especially those who are older, widowed, or experiencing memory loss. These individuals are systematically targeted by heartless criminals who exploit their longing for connection and companionship. The importance of scrutinising requests for money from newfound connections is underscored, as is the need for meticulous examination of photographs and videos for any signs of manipulation or deceit.

'Increasing awareness and maintaining vigilance are our strongest weapons against these heartless manipulations, 'safeguarding love seekers from the treacherous web of AI-enhanced deception.'

The landscape of love has been irrevocably altered by the prevalence of smartphones and the deep proliferation of mobile internet. Finding love has morphed into a digital odyssey, with more and more Indians turning to dating apps like Tinder, Bumble, and Hinge. Yet, as with all technological advancements, there lurks a shadowy underbelly. The rapid adoption of dating sites has provided potential scammers with a veritable goldmine of opportunity.

It is not uncommon these days to hear tales of individuals who have lost their life savings to a person they met on a dating site or who have been honey-trapped and extorted by scammers on such platforms. A new study, titled 'Modern Love' and published by McAfee ahead of Valentine's Day 2024, reveals that such scams are rampant in India, with 39 percent of users reporting that their conversations with a potential love interest online turned out to be with a scammer.

The study also found that 77 percent of Indians have encountered fake profiles and photos that appear AI-generated on dating websites or apps or on social media, while 26 percent later discovered that they were engaging with AI-generated bots rather than real people. 'The possibilities of AI are endless, and unfortunately, so are the perils,' says Steve Grobman, McAfee’s Chief Technology Officer.

Steps to Safeguard 

Scammers have not limited their hunting grounds to dating sites alone. A staggering 91 percent of Indians surveyed for the study reported that they, or someone they know, have been contacted by a stranger through social media or text message and began to 'chat' with them regularly. Cybercriminals exploit the vulnerability of those seeking love, engaging in long and sophisticated attempts to defraud their victims.

McAfee offers some steps to protect oneself from online romance and AI scams:

• Scrutinise any direct messages you receive from a love interest via a dating app or social media.
• Be on the lookout for consistent, AI-generated messages which often lack substance or feel generic.
• Avoid clicking on any links in messages from someone you have not met in person.
• Perform a reverse image search of any profile pictures used by the person.
• Refrain from sending money or gifts to someone you haven’t met in person, even if they send you money first.
• Discuss your new love interest with your trusted friend. It can be easy to overlook red flags when you are hopeful and excited.

Conclusion

The path is fraught with illusions, and only by arming oneself with knowledge and scepticism can one hope to find true connection without falling prey to the mirage of deceit. As we navigate this treacherous terrain, let us remember that the most profound connections are often those that withstand the test of time and the scrutiny of truth.

References 

• https://www.businesstoday.in/technology/news/story/valentine-day-alert-deepfakes-genai-amplifying-romance-scams-in-india-warn-researchers-417245-2024-02-13
• https://www.indiatimes.com/amp/news/india/valentines-day-around-40-per-cent-indians-have-been-scammed-while-looking-for-love-online-627324.html
• https://zeenews.india.com/technology/valentine-day-deepfakes-in-romance-scams-generative-ai-in-scams-romance-scams-in-india-online-dating-scams-in-india-ai-voice-scams-in-india-cyber-security-in-india-2720589.html
• https://www.mcafee.com/en-us/consumer-corporate/newsroom/press-releases/2023/20230209.html

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Introduction

In a setback to the Centre, the Bombay High Court on Friday 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms. 

Chronological Overview

• On 6th April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023). These rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government”. This amendment was done In exercise of the powers conferred by section 87 of the Information Technology Act, 2000. (IT Act).
• On 20 March 2024, the Central Government notified the Press Information Bureau (PIB) as FCU under rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023). 
• The next day on  21st March 2024, the Supreme Court stayed the Centre's decision on notifying PIB -FCU, considering the pendency of the proceedings before the High Court of Judicature at Bombay. A detailed analysis covered by CyberPeace on the Supreme Court Stay decision can be accessed here.
• In the latest development, the Bombay High Court on 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms.  

Brief Overview of Bombay High Court decision dated 20th September 2024

Justice AS Chandurkar was appointed as the third judge after a split verdict in January 2023 by a division bench consisting of Justices Gautam Patel and Neela Gokhal.  As a Tie-breaker judge' Justice AS Chandurkar delivered the decision striking down provisions for setting up a Fact Check Unit under IT amendment 2023 rules. Striking down the Centre's proposed fact check unit provision, Justice A S Chandurkar of Bombay High Court also opined that there was no rationale to undertake an exercise in determining whether information related to the business of the Central govt was fake or false or misleading when in digital form but not doing the same when such information was in print. It was also contended that there is no justification to introduce an FCU only in relation to the business of the Central Government. Rule 3(1)(b)(v) has a serious chilling effect on the exercise of the freedom of speech and expression under Article 19(1)(a) of the Constitution since the communication of the view of the FCU will result in the intermediary simply pulling down the content for fear of consequences or losing the safe harbour provision given under IT Act.  

Justice Chandurkar held that the expressions ‘fake, false or misleading’ are ‘vague and overbroad’, and that the ‘test of proportionality’ is not satisfied. Rule 3(1)(b)(v), was violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution and it is “ultra vires”, or beyond the powers, of the IT Act.

Role of Expert Organisations in Curbing Mis/Disinformation and Fake News

In light of the recent developments, and the rising incidents of Mis/Disinformation and Fake News it becomes significantly important that we all stand together in the fight against these challenges. The actions against Mis/Disinformation and fake news should be strengthened by collective efforts, the expert organisations like CyberPeace Foundation plays an key role in enabling and encouraging netizens to exercise caution and rely on authenticated sources, rather than solely rely on govt FCU to block the content. 

Mis/Disinformation and Fake News should be stopped, identified and countered by netizens at the very first stage of its spread. In light of the Bombay High Court's decision to stuck down the provision related to setting up the FCU by the Central Government, it entails that the government's intention to address misinformation related solely to its business/operations may not have been effectively communicated in the eyes of the judiciary.

It is high time to exercise collective efforts against Mis/Disinformation and Fake News and support expert organizations who are actively engaged in conducting proactive measures, and campaigns to target these challenges, specifically in the online information landscape. CyberPeace actively publishes fact-checking reports and insights on Prebunking and Debunking, conducts expert sessions and takes various key steps aimed at empowering netizens to build cognitive defences to recognise the susceptible information, disregard misleading claims and prevent further spreads to ensure the true online information landscape.

References:

• https://www.scconline.com/blog/post/2024/09/20/bombay-high-court-it-rules-amendment-2023-fact-check-units-article14-article19-legal-news/#:~:text=Bombay%20High%20Court%3A%20A%20case,grounds%20that%20it%20violated%20constitutional
• https://indianexpress.com/article/cities/mumbai/bombay-hc-strikes-down-it-act-amendment-fact-check-unit-9579044/
• https://www.cyberpeace.org/resources/blogs/supreme-court-stay-on-centres-notification-of-pibs-fact-check-unit-under-it-amendment-rules-2023

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