Cookies and Indian Law: Understanding Consent, Compliance & the DPDP Framework

Introduction

The Information Technology (IT) Ministry has tested a new parental control app called ‘SafeNet’ that is intended to be pre-installed in all mobile phones, laptops and personal computers (PCs). The government's approach shows collaborative efforts by involving cooperation between Internet service providers (ISPs), the Department of School Education, and technology manufacturers to address online safety concerns. Campaigns and the proposed SafeNet application aim to educate parents about available resources for online protection and safeguarding their children.

The Need for SafeNet App

SafeNet Trusted Access is an access management and authentication service that ensures no user is a target by allowing you to expand authentication to all users and apps with diverse authentication capabilities. SafeNet is, therefore, an arsenal of tools, each meticulously crafted to empower guardians in the art of digital parenting. With the finesse of a master weaver, it intertwines content filtering with the vigilant monitoring of live locations, casting a protective net over the vulnerable online experiences of the children. The ability to oversee calls and messages adds another layer of security, akin to a watchful sentinel standing guard over the gates of communication. Some pointers regarding the parental control app that can be taken into consideration are as follows.

1.   Easy to use and set up: The app should be useful, intuitive, and easy to use. The interface plays a significant role in achieving this goal. The setup process should be simple enough for parents to access the app without any technical issues. Parents should be able to modify settings and monitor their children's activity with ease.

2.   Privacy and data protection: Considering the sensitive nature of children's data, strong privacy and data protection measures are paramount. From the app’s point of view, strict privacy standards include encryption protocols, secure data storage practices, and transparent data handling policies with the right of erasure to protect and safeguard the children's personal information from unauthorized access.

3.   Features for Time Management: Effective parental control applications frequently include capabilities for regulating screen time and establishing use limitations. The app will evaluate if the software enables parents to set time limits for certain applications or devices, therefore promoting good digital habits and preventing excessive screen time.

4.   Comprehensive Features of SafeNet: The app's commitment to addressing the multifaceted aspects of online safety is reflected in its robust features. It allows parents to set content filters with surgical precision, manage the time their children spend in the digital world, and block content that is deemed age-inappropriate. This reflects a deep understanding of the digital ecosystem's complexities and the varied threats that lurk within its shadows.

5.   Adaptable to the needs of the family: In a stroke of ingenuity, SafeNet offers both parent and child versions of the app for shared devices. This adaptability to diverse family dynamics is not just a nod to inclusivity but a strategic move that enhances its usability and effectiveness in real-world scenarios. It acknowledges the unique tapestry of family structures and the need for tools that are as flexible and dynamic as the families they serve.

6.   Strong Support From Government: The initiative enjoys a chorus of support from both government and industry stakeholders, a symphony of collaboration that underscores the collective commitment to the cause. Recommendations for the pre-installation of SafeNet on devices by an industry consortium resonate with the directives from the Prime Minister's Office (PMO),creating a harmonious blend of policy and practice. The involvement of major telecommunications players and Internet service providers underscores the industry's recognition of the importance of such initiatives, emphasising a collaborative approach towards deploying digital safeguarding measures at scale.

Recommendations

The efforts by the government to implement parental controls a recommendable as they align with societal goals of child welfare and protection. This includes providing parents with tools to manage and monitor their children's Internet usage to address concerns about inappropriate content and online risks. The following suggestions are made to further support the government's initiative:

1.    The administration can consider creating a verification mechanism similar to how identities are verified when mobile SIMS are issued. While this certainly makes for a longer process, it will help address concerns about the app being misused for stalking and surveillance if it is made available to everyone as a default on all digital devices.

2.    Parental controls are available on several platforms and are designed to shield, not fetter. Finding the right balance between protection and allowing for creative exploration is thus crucial to ensuring children develop healthy digital habits while fostering their curiosity and learning potential. It might be helpful to the administration to establish updated policies that prioritise the privacy-protection rights of children so that there is a clear mandate on how and to what extent the app is to be used.

3.    Policy reforms can be further supported through workshops, informational campaigns, and resources that educate parents and children about the proper use of the app, the concept of informed consent, and the importance of developing healthy, transparent communication between parents and children.

Conclusion

Safety is a significant step towards child protection and development. Children have to rely on adults for protection and cannot identify or sidestep risk. In this context, the United Nations Convention on the Rights of the Child emphasises the matter of protection efforts for children, which notes that children have the "right to protection". Therefore, the parental safety app will lead to significant concentration on the general well-being and health of the children besides preventing drug misuse. On the whole, while technological solutions can be helpful, one also needs to focus on educating people on digital safety, responsible Internet use, and parental supervision.  

References

• https://www.hindustantimes.com/india-news/itministry-tests-parental-control-app-progress-to-be-reviewed-today-101710702452265.html
• https://www.htsyndication.com/ht-mumbai/article/it-ministry-tests-parental-control-app%2C-progress-to-be-reviewed-today/80062127
• https://www.varindia.com/news/it-ministry-to-evaluate-parental-control-software
• https://www.medianama.com/2024/03/223-indian-government-to-incorporate-parental-controls-in-data-usage/

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Introduction

In today's era of digitalised community and connections, social media has become an integral part of our lives. A large number of teenagers are also active and have their accounts on social media. They use social media to connect with their friends and family. Social media offers ease to connect and communicate with larger communities and even showcase your creativity. On the other hand, it also poses some challenges or issues such as inappropriate content, online harassment, online stalking, misuse of personal information, abusive and dishearted content etc. There could be unindented consequences on teenagers' mental health by such threats or overuse of social media. The data shows some teens spend hours a day on social media hence it has a larger impact on them whether we notice it or not.  Social media addiction and its negative repercussions such as overuse of social media by teens and online threats and vulnerabilities is a growing concern that needs to be taken seriously by social media platforms, regulatory policies and even user's responsibilities. Recently Colorado and California led a joint lawsuit filed by 33 states in the U.S. District Court for the Northern District of California against meta on the concern of child safety.

Meta and concern of child users safety

Recently Meta, the company that owns Facebook, Instagram, WhatsApp, and Messenger, has been sued by more than three dozen states for allegedly using features to hook children to its platforms. The lawsuit claims that Meta violated consumer protection laws and deceived users about the safety of its platforms. The states accuse Meta of designing manipulative features to induce young users' compulsive and extended use, pushing them into harmful content. However, Meta has responded by stating that it is working to provide a safer environment for teenagers and expressing disappointment in the lawsuit.

According to the complaint filed by the states, Meta “designed psychologically manipulative product features to induce young users’ compulsive and extended use" of platforms like Instagram. The states allege that Meta's algorithms were designed to push children and teenagers into rabbit holes of toxic and harmful content, with features like "infinite scroll" and persistent alerts used to hook young users. However, meta responded with disappointment with a lawsuit stating that meta working productively with companies across the industry to create clear, age-appropriate standards for the many apps.

Unplug for sometime

Overuse of social media is associated with increased mental health repercussions along with online threats and risks. Social media’s effect on teenagers is driven by factors such as inadequate sleep, exposure to cyberbullying and online threats and lack of physical activity. Its admitted that social media can help teens feel more connected to their friends and their support system and showcase their creativity to the online world.  However, social media overuse by teens is often linked with underlying issues that require attention. To help teenagers, encourage them for responsible use and unplug from social media for some time, encourage them to get outside in nature, do physical activities, and express themselves creatively.  

Understanding the threats & risks

• Psychological effects 

• Addiction: Excessive use of social media will lead to procrastination and excessively using social media can lead to physical and psychological addiction because it triggers the brain's reward system. 
• Mental Conditions Associated: Excessively using social media can be harmful for mental well-being which can also lead to depression and anxiety, self-consciousness and may also lead to social anxiety disorder.
• Eyes, Carpal tunnel syndrome: Excessive spending time on screen may lead to put a real strain on your eyes. Eye problems caused by computer/phone screen use fall under computer vision syndrome (CVS). Carpal tunnel syndrome is caused by pressure on the median nerve.

• Cyberbullying: Cyberbullying is one of the major concerns faced in online interactions on social media. Cyberbullying takes place using the internet or other digital communication technology to bully, harass, or intimidate others and it has become a major concern of online harassment on popular social media platforms. Cyberbullying may include spreading rumours or posting hurtful comments. Cyberbullying has emerged as a phenomenon that has a socio-psychological impact on the victims. 
• Online grooming: Online grooming is defined as the tactics abusers deploy through the internet to sexually exploit children. The average time for a bad actor to lure children into his trap is 3 minutes, which is a very alarming number. 
• Ransomware/Malware/Spyware: Cybercrooks impose threats such as ransomware, malware and spyware by deploying malicious links on social media. This poses serious cyber threats, and it causes consequences such as financial losses, data loss, and reputation damage. Ransomware is a type of malware which is designed to deny a user or organisation access to their files on the computer. On social media, cyber crooks post malicious links which contain malware, and spyware threats. Hence it is important to be cautious before clicking on any such suspicious link.
• Sextortion: Sextortion is a crime where the perpetrator threatens the victim and demands ransom or asks for sexual favours by threatening the victim to expose or reveal the victim’s sexual activity. It is a kind of sexual blackmail, it may take place on social media and youngsters are mostly targeted. The cyber crooks also misuse the advanced AI Deepfake technology which is capable of creating realistic images or videos which in actuality are created by machine algorithms. Deepfakes technology since easily accessible, is misused by fraudsters to commit various crimes including sextortion or deceiving and scamming people through fake images or videos which look realistic. 

• Child sexual abuse material(CSAM): CSAM is inappropriate or illicit content which is prohibited by the laws and regulatory guidelines. Child while using the internet if encounters age-restricted or inappropriate content which may be harmful to them child. Through regulatory guidelines, internet service providers are refrained from hosting the CSAM content on the websites and blocking such inappropriate or CSAM content. 

• In App purchases: The teen user also engages in-app purchases on social media or online gaming where they might fall into financial fraud or easy money scams. Where fraudster targets through offering exciting job offers such as part-time job, work-from-home job, small investments, liking content on social media, and earning money out of this. This has been prevalent on social media and fraudsters target innocent people ask for their personal and financial information, and commit financial fraud by scamming people on the pretext of offering exciting offers.

Safety tips:

To stay safe while using social media teens or users are encouraged to follow the best practices and stay aware of the online threats. Users must keep in regard to the best practices. Such as;

• Safe web browsing.
• Utilising privacy settings of your social media accounts.
• Using strong passwords and enabling two-factor authentication.
• Be careful about what you post or share.
• Becoming familiar with the privacy policy of the social media platforms.
• Being selective of adding unknown users to your social media network.
• Reporting any suspicious activity to the platform or relevant forum.

Conclusion:

Child safety is a major concern on social media platforms. Social media-related offences such as cyberstalking, hacking, online harassment and threats, sextortion, and financial fraud are seen as the most occurring cyber crimes on social media. The tech giants must ensure the safety of teen users on social media by implementing and adopting the best mechanisms on the platform. CyberPeace Foundation is working towards advocating for a Child-friendly SIM to protect from the illicit influence of the internet and Social Media. 

References:

• https://www.scientificamerican.com/article/heres-why-states-are-suing-meta-for-hurting-teens-with-facebook-and-instagram/
• https://www.nytimes.com/2023/10/24/technology/states-lawsuit-children-instagram-facebook.html

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Executive Summary:

In the digital world, people are becoming targets more and more of online scams, which rely on deception. One of the ways the social media is being used for the elections in recent time, is the "BJP - Election Bonus" offer that promises a cash prize of Rs. 5000 or more, through some easy questionnaire. This article provides the details of this swindle and reveals its deceptive tricks as well as gives a set of recommendations on how to protect yourself from such online fraud, especially during the upcoming elections.

False Claim:

The "BJP - Election Bonus" campaign boasts that by taking a few clicks of the mouse, users will get a cash prize. This scheme is nothing but a fake association with the Bharatiya Janata Party (BJP)’s Government and Prime Minister Shri Narendra Modi and therefore, it uses the images and brands of both of them to give the scheme an impression of legitimacy. The imposters are taking advantage of the public's trust for the Government and the widespread desire for remuneration to ensnare the unaware victims, specifically before the upcoming Lok Sabha elections.

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The Deceptive Scheme:

• Tempting Social Media Offer: The fraud begins with an attractive link on the social media platforms. The scammers say that the proposal is related to the Bharatiya Janata Party (BJP) with the caption of “The official party has prepared many gifts for their supporters.” accompanied by an image of  the Prime Minister Shri Narendra Modi.

• Luring with Money: The offer promises to give Rs.5,000 or more. This is aimed at drawing in people specifically during election campaigns; and people’s desire for financial gain.

• Tricking with Questions: When the link is clicked, the person is brought to the page with the simple questions. The purpose of these questions is to make people feel safe and believe that they have been selected for an actual government’s program.

• The Open-the-Box Trap: Finally, the questions are answered and the last instruction is to open-the-box for the prize. However, this is just a tactic for them to make you curious about the reward.

• Fake Reward and Spreading the Scam: Upon opening the box, the recipient will be greeted with the text of Rs. 5000. However, this is not true; it is just a way to make them share the link on WhatsApp, helping the scammers to reach more victims.

The fraudsters use political party names and the Prime Minister's name to increase the plausibility of it, although there is no real connection. They employ the people's desire for monetary help, and also the time of the elections, making them susceptible to their tricks.

Analytical Breakdown:

• The campaign is a cleverly-created scheme to lure people by misusing the trust they have in the Government. By using BJP's branding and the Prime Minister's photo, fraudsters aim to make their misleading offer look credible. Fake reviews and cash reward are the two main components of the scheme that are intended to lure users into getting involved, and the end result of this is the path of deception.
• Through sharing the link over WhatsApp, users become unaware accomplices that are simply assisting the scammers to reach an even bigger audience and hence their popularity, especially with the elections around the corner.
• On top of this, the time of committing this fraud is very disturbing, as the election is just round the corner. Scammers do this in the context of the political turmoil and the spread of unconfirmed rumors and speculation about the upcoming elections in the same way they did earlier. The fraudsters are using this strategy to take advantage of the political affiliations by linking their scam to the Political party and their Leaderships.

• We have also cross-checked and as of now there is no well established and credible source or any official notification that has confirmed such an offer advertised by the Party.

• Domain Analysis: The campaign is hosted on a third party domain, which is different from the official website, thus creating doubts. Whois information reveals that the domain has been registered not long ago. The domain was registered on 29th march 2024, just a few days back.   

• Domain Name: PSURVEY[.]CYOU
• Registry Domain ID: D443702580-CNIC
• Registrar WHOIS Server: whois.hkdns.hk
• Registrar URL: http://www.hkdns.hk
• Updated Date: 2024-03-29T16:18:00.0Z
• Creation Date: 2024-03-29T15:59:17.0Z (Recently Created)
• Registry Expiry Date: 2025-03-29T23:59:59.0Z
• Registrant State/Province: Anhui
• Registrant Country: CN (China)
• Name Server: NORMAN.NS.CLOUDFLARE.COM
• Name Server: PAM.NS.CLOUDFLARE.COM

Note: Cybercriminals used Cloudflare technology to mask the actual IP address of the fraudulent website.

CyberPeace Advisory and Best Practices:

• Be careful and watchful for any offers that seem too good to be true online, particularly during election periods. Exercise caution at a high level when you come across such offers, because they are usually accompanied by dishonest schemes.

• Carefully cross-check the authenticity of every campaign or offer you’re considering before interacting with it. Do not click on suspicious links and do not share private data that can be further used to run the scam.

• If you come across any such suspicious activity or if you feel you have been scammed, report it to the relevant authorities, such as the local police or the cybercrime section. Reporting is one of the most effective instruments to prevent the spread of these misleading schemes and it can support the course of the investigations.

• Educate yourselves and your families on the usual scammers’ tricks, including their election-related strategies. Prompt people to think critically and a good deal of skepticism when they meet online offers and promotions that evoke a possibility to obtain money or rewards easily.

• Ensure that you are always on a high level of alert as you explore the digital field, especially during elections. The authenticity of the information you encounter should always be verified before you act on it or pass it over to someone else.

• In case you have any doubt or worry regarding a certain e-commerce offer or campaign, don’t hesitate to ask for help from reliable sources such as Cybersecurity experts or Government agencies. A consultation with credible sources will assist you in coming up with informed decisions and guarding yourself against being navigated by these schemes.

Conclusion:

The "BJP - Election Bonus" campaign is a real case study of how Internet fraud is becoming more popular day by day, particularly before the elections. Through the awareness of the tactics employed by these scammers and their abuse of the community's trust in the Government and political figures, we can equip ourselves and our communities to avert becoming the victim of such fraudulent schemes. As a team, we can collectively strive for a digital environment free of threats and breaches of security, even in times of high political tension that accompany elections.

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