Advisory for APS School Students

Introduction

Misinformation is, to its basic meaning, incorrect or misleading information, it may or may not include specific malicious intent and includes inaccurate, incomplete, misleading, or false information and selective or half-truths. The main challenges in dealing with misinformation are defining and distinguishing misinformation from legitimate content. This complexity arises due to the rapid evolution and propagation which information undergoes on the digital platforms. Additionally, balancing the fundamental right of freedom of speech and expression with content regulation by state actors poses a significant challenge. It requires careful consideration to avoid censorship while effectively combating harmful misinformation. 

Acknowledging the severe consequences of misinformation and the critical need to combat misinformation, Bharatiya Nyaya Sanhita (BNS), 2023 has implemented key measures to address misinformation in India. These new provisions introduced under the new criminal laws in India penalise the deliberate creation, distribution, or publication of inaccurate information. Previously missing from the IPC, these sections offer an additional legal resource to counter the proliferation of falsehoods, complementing existing laws targeting the same issue.

Section 353 of the BNS on Statements Conducing to Public Mischief criminalises making, publishing, or circulating statements, false information, rumours, or reports, including through electronic means, with the intent or likelihood of causing various harmful outcomes. 

This section thus brings misinformation into its ambit, since misinformation has been traditionally used to induce public fear or alarm that may lead to offences against the State or public tranquillity or inciting one class or community to commit offences against another. The section also penalizes the promotion of enmity, hatred, or ill will among different religious, racial, linguistic, or regional groups. 

BNS also prescribes punishment of imprisonment for up to three years, a fine, or both for offences under section 353. Interestingly, a longer imprisonment of up to 5 years along with a fine has been prescribed to curb such offences in places of worship or during religious ceremonies. The only exception that may be availed under this section is granted to unsuspecting individuals who, believing the misinformation to be true, spread misinformation without any ill intent. However, this exception may not be as effective in curbing misinformation, since at the outset, the offence is hard to trace and has multiple pockets for individuals to seek protection without any mechanism to verify their intent.

The BNS also aims to regulate misinformation through Section 197(1)(d) on Imputations, assertions prejudicial to national integration. Under this provision, anyone who makes or publishes false or misleading information, whether it is in the form of spoken words, written, by signs, in visible representations, or through electronic communication, therefore, results in jeopardising the sovereignty, unity, integrity, or security of India is liable to face punishment in the form of imprisonment for up to three years, a fine, or both and if it occurs in a place of worship or during religious ceremonies, the quantum of punishment is increased to imprisonment for up to five years and may include a fine. Additionally, Section 212 (a) & (b) provides against furnishing false information. If a person who is legally obligated to provide information to a public servant, knowingly or reasonably believes that the information is false, and still furnishes it, they now face a punishment of six months imprisonment or a fine up to five thousand rupees or both. However,  if the false information pertains to the commission or prevention of an offence, or the apprehension of an offender, the punishment increases to imprisonment for up to two years, a fine, or both.

Enforcement Mechanisms: CyberPeace Policy Wing Outlook

To ensure the effective enforcement of these provisions, coordination between the key stakeholders, i.e., the law enforcement agencies, digital platforms, and judicial oversight is essential. Law enforcement agencies must utilize technology such as data analytics and digital forensics for tracking and identifying the origins of false information. This technological capability is crucial for pinpointing the sources and preventing the further spread of misinformation. Simultaneously, digital platforms associated with misinformation content are required to implement robust monitoring and reporting mechanisms to detect and address the generated misleading content proactively. A supporting oversight by judicial bodies plays a critical role in ensuring that enforcement actions are conducted fairly and in line with legal standards. It helps maintain a balance between addressing misinformation and upholding fundamental rights such as freedom of speech. The success of the BNS in addressing these challenges will depend on the effective integration of these mechanisms and ongoing adaptation to the evolving digital landscape.

Resources:

• Bharatiya Nyaya Sanhita, 2023 https://www.mha.gov.in/sites/default/files/250883_english_01042024.pdf 
• https://www.foxmandal.in/changes-brought-forth-by-the-bharatiya-nyaya-sanhita-2023/ 
• https://economictimes.indiatimes.com/news/india/spreading-fake-news-could-land-people-in-jail-for-three-years-under-new-bharatiya-nyaya-sanhita-bill/articleshow/102669105.cms?from=mdr 

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Introduction

In the vast, cosmic-like expanse of international relations, a sphere marked by the gravitational pull of geopolitical interests, a singular issue has emerged, casting a long shadow over the fabric of Indo-Canadian diplomacy. It is a narrative spun from an intricate loom, interlacing the yarns of espionage and political machinations, shadowboxing with the transient, yet potent, specter of state-sanctioned violence. The recent controversy undulating across this geopolitical landscape owes its origins to the circulation of claims which the Indian Ministry of External Affairs (MEA) vehemently dismisses as a distorted tapestry of misinformation—a phantasmagoric fable divorced from reality. 

This maelstrom of contention orbits around the alleged existence of a 'secret memo', a document reportedly dispatched with stealth from the helm of the Indian government to its consulates peppered across the vast North American continent. This mysterious communique, assuming its spectral presence within the report, was described as a directive catalyzing a 'sophisticated crackdown scheme' against specific Sikh diaspora organizations. A proclamation that MEA has repudiated with adamantine certainty, branding the report as a meticulously fabricated fiction.

THE MEA Stance 

The official statement from the Indian Ministry of External Affairs (MEA) emerged as a paragon of clarity cutting through the dense fog of accusations, 'We strongly assert that such reports are fake and emphatically concocted. The referenced memo is non-existent. This narrative is a chapter in the protracted saga of a disinformation campaign aimed against India.' The outlet responsible for airing this contentious story, as per the Indian authorities, has a historical penchant for circulating narratives aligned with the interests of rival intelligence agencies, particularly those associated with Pakistani strategic circles—a claim infusing yet another complex layer to the situation at hand.

The report that catapulted itself onto the stage with the force of an untamed tempest insists the 'secret memo' was decked with several names—all belonging to individuals under the hawk-like gaze of Indian intelligence. 

The Plague of Disinformation

The profoundly intricate confluence of diplomacy is one that commands grace, poise, and an acute sense of balance—nations effortlessly tip-toeing around sensitivities, proffering reciprocity and an equitable stance within the grand ballroom of international affairs. Hence, when S. Jaishankar, India's Minister of External Affairs, found himself fielding inquiries on the perceived inconsistent treatment afforded to Canada compared to the US—despite similar claims emanating from both—his response was the embodiment of diplomatic discretion: 'As far as Canada is concerned, there was a glaring absence of specific evidence or inputs provided to us. The robust question of equitable treatment between two nations, where only one has furnished substantive input and the other has not, is naturally unmerited.'

The articulation from the Ministry's spokesperson, Arindam Bagchi, further solidified India's stance. He calls into question the credibility of The Intercept—the publication that initially disseminated the report—accusing it of acting as a vessel for 'invented narratives' propagated under the auspices of Pakistani intelligence interests.

Conclusion 

In the grand theater of international politics, the distinction between reality and deception is frequently obscured by the heavy drapes of secrecy and diplomatic guile. The persistent denial by the Indian government of any 'secret memo' serves as a critical reminder of the blurred lines between narrative and counter-narrative in the global concert of power and persuasion. As observant spectators within the arena of world politics, we are endowed with the unenviable task of untangling the convoluted web of claims and counterclaims, hoping to uncover the enduring truths that linger therein. In this domain of authentic and imaginary tales, the only unwavering certainty is the persistent rhythm of diplomatic interplay and the subtle shadows it casts upon the international stage. The Ministry of External Affairs fact-checked a claim on the secret memo, rubbishing it as fake and fabricated. The government has said there is a deliberate disinformation campaign that has been on against India. 

References

• https://timesofindia.indiatimes.com/india/mea-denies-report-it-issued-secret-memo-on-nijjar-to-missions/articleshow/105884217.cms?from=mdr
• https://www.hindustantimes.com/india-news/india-denies-secret-memo-against-nijjar-report-peddled-by-pak-intelligence-101702229753576.html

Introduction 

As various technological developments enable our phones to take on a greater role, these devices, along with the applications they host, also become susceptible to greater risks. Recently, Zimperium, a tech company that provides security services for mobiles and applications from threats like malware, phishing, etc., has announced its identification of a malware that is targeted toward stealing information from Indian Banks. The Indian Express reports that data from over 25 million devices has been exfiltrated, making it increasingly dangerous, just going by the it has affected so far.

Understanding the Threat: The Case of FatBoyPanel 

A malware is a malicious software that is a file or a program, intentionally harmful to a network, server, computer, and other devices. It is also of various types; however, in the context of the aforementioned case, it is a Trojan horse i.e., a file/program designed to trick the victim into assuming it to be a legitimate software program that is trying to gain access. They are able to execute malicious functions on a device as soon as they are activated post-installation. 

The FatBoyPanel, as it is called, is a malware management system that carried out a massive cyberattack, targeting Indian mobile users and their bank details. Their modus operandi included the process of social engineering, wherein attackers posed as bank officials who called their target and warned them that if no immediate action was taken to update their bank details, their account would be suspended immediately. On panicking and asking for instructions, they were told to download a banking application from the link sent in the form of an Android Package Kit (APK) file (that requires one to enable “Install from Unknown Sources” ) and install it. Various versions of similar incidents were acted on by other attackers, all to trick the target into downloading the file sent. The apps sent through the links are fake, and once installed, they immediately ask for critical permissions such as access to contacts, device storage, overlay permissions (to show fake login pages over real apps), and access to SMS messages (to steal OTPs and banking alerts). This aids in capturing text messages (especially OTPs related to banks), read stored files, monitor app usage, etc. This data is stolen and then sent to the FatBoyPanel backend, where hackers are able to see real-time data on their dashboard, which they can further download and sell.  FatBoyPanel is a C&C (command and control) server that acts as a centralised control room.

Protecting Yourself: Essential Precautions in the Digital Realm 

Although there are various other types of malware, how one must deal with them remains the same. Following are a few instructions that one can practice in order to stay safe:

• Be cautious with app downloads: Only download apps from official app stores (Google Play Store, Apple App Store). Even then, check the developer's reputation, app permissions, and user reviews before installing.
• Keep your operating system and apps updated: Updates often include security patches that protect against known vulnerabilities.
• Be wary of suspicious links and attachments: Avoid clicking on links or opening attachments in unsolicited emails, SMS messages, or social media posts. Verify the sender's authenticity before interacting.
• Enable multi-factor authentication (MFA) wherever possible: While malware like FatBoyPanel can sometimes bypass OTP-based MFA, it still adds an extra layer of security against many other threats. 
• Use strong and unique passwords: Employ a combination of uppercase and lowercase letters, numbers, and symbols for all your online accounts. Avoid reusing passwords across different platforms.
• Install and maintain a reputable mobile security app: These apps can help detect and remove malware, as well as warn you about malicious websites and links (Bitdefender, etc.)
• Regularly review app permissions and give access judiciously: Check what permissions your installed apps have and revoke any that seem unnecessary or excessive. 
• Educate yourself and stay informed: Keep up-to-date with the latest cybersecurity threats and best practices.

Conclusion 

The emergence of malware management systems indicates just how sophisticated the attackers have become over the years. Vigilance at the level of the general public is recommended, but so are increasing efforts in awareness regarding such methods of crime, as people continue to remain vulnerable in aspects related to cybersecurity. Sensitive information at stake, we must take steps to sensitise and better prepare the public to deal with the growing landscape of the digital world.

References

• https://zimperium.com/blog/mobile-indian-cyber-heist-fatboypanel-and-his-massive-data-breach
• https://indianexpress.com/article/technology/tech-news-technology/fatboypanel-new-malware-targeting-indian-users-what-is-it-9965305/ 
• https://www.techtarget.com/searchsecurity/definition/malware 

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