#FactCheck - Debunked: AI-Generated Image Circulating as April Solar Eclipse Snapshot

Introduction

Twitter Inc.’s appeal against barring orders for specific accounts issued by the Ministry of Electronics and Information Technology was denied by a single judge on the Karnataka High Court. Twitter Inc. was also given an Rs. 50 lakh fine by Justice Krishna Dixit, who claimed the social media corporation had approached the court defying government directives.

As a foreign corporation, Twitter’s locus standi had been called into doubt by the government, which said they were ineligible to apply Articles 19 and 21 to their situation. Additionally, the government claimed that because Twitter was only designed to serve as an intermediary, there was no “jural relationship” between Twitter and its users.

The Issue

In accordance with Section 69A of the Information Technology Act, the Ministry issued the directives. Nevertheless, Twitter had argued in its appeal that the orders “fall foul of Section 69A both substantially and procedurally.” Twitter argued that in accordance with 69A, account holders were to be notified before having their tweets and accounts deleted. However, the Ministry failed to provide these account holders with any notices.

On June 4, 2022, and again on June 6, 2022, the government sent letters to Twitter’s compliance officer requesting that they come before them and provide an explanation for why the Blocking Orders were not followed and why no action should be taken against them.

Twitter replied on June 9 that the content against which it had not followed the blocking orders does not seem to be a violation of Section 69A. On June 27, 2022, the Government issued another notice stating Twitter was violating its directions. On June 29, Twitter replied, asking the Government to reconsider the direction on the basis of the doctrine of proportionality. On June 30, 2022, the Government withdrew blocking orders on ten account-level URLs but gave an additional list of 27 URLs to be blocked. On July 10, more accounts were blocked. Compiling the orders “under protest,” Twitter approached the HC with the petition challenging the orders.

Legality

Additionally, the government claimed that because Twitter was only designed to serve as an intermediary, there was no “jural relationship” between Twitter and its users.

Government attorney Additional Solicitor General R Sankaranarayanan argued that tweets mentioning “Indian Occupied Kashmir” and the survival of LTTE commander Velupillai Prabhakaran were serious enough to undermine the integrity of the nation.

Twitter, on the other hand, claimed that its users have pushed for these rights. Additionally, Twitter maintained that under Article 14 of the Constitution, even as a foreign company, they were entitled to certain rights, such as the right to equality. They also argued that the reason for the account blocking in each case was not stated and that Section 69a’s provision for blocking a URL should only apply to the offending URL rather than the entire account because blocking the entire account would prevent the creation of information while blocking the offending tweet only applied to already-created information.

Conclusion

The evolution of cyberspace has been substantiated by big tech companies like Facebook, Google, Twitter, Amazon and many more. These companies have been instrumental in leading the spectrum of emerging technologies and creating a blanket of ease and accessibility for users. Compliance with laws and policies is of utmost priority for the government, and the new bills and policies are empowering the Indian cyberspace. Non Compliance will be taken very seriously, and the same is legalised under the Intermediary Guidelines 2021 and 2022 by Meity. Referring to Section 79 of the Information Technology Act, which pertains to an exemption from liability of intermediary in some instances, it was said, “Intermediary is bound to obey the orders which the designate authority/agency which the government fixes from time to time.”

Introduction

In the era of the internet where everything is accessible at your fingertip, a disturbing trend is on the rise- over 90% of websites containing child abuse material now have self-generated images, obtained from victims as young as three years old. A shocking revelation, shared by the (IWF) internet watch foundation, The findings of the IWF have caused concern about the increasing exploitation of children below the age of 10. The alarming trend highlights the increasing exploitation of children under the age of 10, who are coerced, blackmailed, tricked, or groomed into participating in explicit acts online. The IWF's data for 2023 reveals a record-breaking 275,655 websites hosting child sexual abuse material, with 92% of them containing such "self-generated" content.

Disturbing Tactics Shift

Disturbing numbers came that, highlight a distressing truth. In 2023, 275,655 websites were discovered to hold child sexual abuse content, reaching a new record and reflecting an alarming 8% increase over the previous year. What's more concerning is that 92% of these websites had photos or videos generated by the website itself. Surprisingly, 107,615 of these websites had content involving children under the age of ten, with 2,500 explicitly featuring youngsters aged three to six.

Profound worries

Deep concern about the rising incidence of images taken by extortion or coercion from elementary school-aged youngsters. This footage is currently being distributed on very graphic and specialised websites devoted to child sexual assault. The process begins in a child's bedroom with the use of a camera and includes the exchange, dissemination, and gathering of explicit content by devoted and determined persons who engage in sexual exploitation. These criminals are ruthless. The materials are being circulated via mail, instant messaging, chat rooms, and social media platforms, (WhatsApp, Telegram, Skype, etc.) 

Live Streaming of such material involves real-time broadcast which again is a major concern as the nature of the internet is borderless the access to such material is international, national, and regional, which even makes it difficult to get the predators and convict them. With the growth, it has become easy for predators to generate “self-generated “images or videos.

Financial Exploitation in the Shadows: The Alarming Rise of Sextortion

Looking at the statistics globally there have been studies that show an extremely shocking pattern known as “sextortion”, in which adolescents are targeted for extortion and forced to pay money under the threat of exposing images to their families or relatives and friends or on social media. The offender's goal is to obtain sexual gratification.

The financial variation of sextortion takes a darker turn, with criminals luring kids into making sexual content and then extorting them for money. They threaten to reveal the incriminating content unless their cash demands, which are frequently made in the form of gift cards, mobile payment services, wire transfers, or cryptocurrencies, are satisfied. In this situation, the predators are primarily driven by money gain, but the psychological impact on their victims is as terrible. A shocking case was highlighted where an 18-year-old was landed in jail for blackmailing a young girl, sending indecent images and videos to threaten her via Snapchat. The offender was pleaded guilty. 

The Question on Security?

The introduction of end-to-end encryption in platforms like Facebook Messenger has triggered concerns within law enforcement agencies. While enhancing user privacy, critics argue that it may inadvertently facilitate criminal activities, particularly the exploitation of vulnerable individuals. The alignment with other encrypted services is seen as a potential challenge, making it harder to detect and investigate crimes, thus raising questions about finding a balance between privacy and public safety.

One of the major concerns in the online safety of children is the implementation of encryption by asserting that it enhances the security of individuals, particularly children, by safeguarding them from hackers, scammers, and criminals. They underscored their dedication to enforcing safety protocols, such as prohibiting adults from texting teenagers who do not follow them and employing technology to detect and counteract bad conduct.

These distressing revelations highlight the urgent need for comprehensive action to protect our society's most vulnerable citizens i.e., children, youngsters, and adolescents throughout the era of digital progress. As experts and politicians grapple with these troubling trends, the need for action to safeguard kids online becomes increasingly urgent.

Role of Technology in Combating Online Exploitation 

With the rise of technology, there has been a rise in online child abuse, technology also serves as a powerful tool to combat it. The advanced algorithms and use of Artificial intelligence tools can be used to disseminate ‘self-generated’ images. Additional tech companies can collaborate and develop some effective solutions to safeguard every child and individual.  

Role of law enforcement agencies

Child abuse knows no borders, and addressing the issues requires legal intervention at all levels. National, regional, and international law enforcement agencies investigate online child sexual exploitation and abuse and cooperate in the investigation of these cybercrimes, Various investigating agencies need to have mutual legal assistance and extradition, bilateral, and multilateral conventions to conduct to identify, investigate, and prosecute perpetrators of online child sexual exploitation and abuse. Apart from this cooperation between private and government agencies is important, sharing the database of perpetrators can help the agencies to get them caught.

How do you safeguard your children?

Looking at the present scenario it has become a crucial part of protecting and safeguarding our children online against online child abuse here are some practical steps that can help in safeguarding your loved one.

1. Open communication:  Establish open communication with your children, make them feel comfortable, and share your experiences with them, make them understand what good internet surfing is and educate them about the possible risks without generating fear.
2. Teach Online Safety:  educate your children about the importance of privacy and the risks associated with it. Teach them strong privacy habits like not sharing any personal information with a stranger on any social media platform. Teach them to create some unique passwords and to make them aware not to click on any suspicious links or download files from unknown sources. 
3. Set boundaries: As a parent set rules and guidelines for internet usage, set time limits, and monitor their online activities without infringing their privacy. Monitor their social media platforms and discuss inappropriate behaviour or online harassment. As a parent take an interest in your children's online activities, websites, and apps inform them, and teach them online safety measures.

Conclusion

The predominance of self-generated' photos in online child abuse content necessitates immediate attention and coordinated action from governments, technology corporations, and society as a whole. As we negotiate the complicated environment of the digital age, we must be watchful, modify our techniques, and collaborate to defend the innocence of the most vulnerable among us. To combat online child exploitation, we must all work together to build a safer, more secure online environment for children all around the world.

References

• https://www.the420.in/over-90-of-websites-containing-child-abuse-feature-self-generated-images-warns-iwf/
• https://news.sky.com/story/self-generated-images-found-on-92-of-websites-containing-child-sexual-abuse-with-victims-as-young-as-three-13049628
• https://www.firstpost.com/world/russia-rejects-us-proposal-to-resume-talks-on-nuclear-arms-control-13630672.html
• https://www.news4hackers.com/iwf-warns-that-more-than-90-of-websites-contain-self-generated-child-abuse-images/

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Introduction

Google is set to change its storage and access of users' "Location History" in Google Maps, reducing the data retention period and making it impossible for the company to access it. This change will significantly impact "geofence warrants," a controversial legal tool used by authorities to force Google to hand over information about all users within a given location during a specific timeframe. This decision is a significant win for privacy advocates and criminal defense attorneys who have long decried these warrants.

The company aims to protect people's privacy by removing the repository of location data dating back months or years. Geofence warrants, which provide police with sensitive data on individuals, are considered dangerous and could turn innocent people into suspects. 

Understanding Geofence Warrants

Geofence warrants, also known as reverse-location warrants, are used by law enforcement agencies to obtain locational data stored by tech companies within a specified geographical area and timeframe to identify devices near a crime scene. In contrast to general warrants, which allow law enforcement agencies to obtain data of one individual (usually the suspect), geofence warrants enable law enforcement authorities to obtain data for all individuals in a specific location and subsequently track and trace any device that may be linked to a crime scene. Geofence warrants have become a major issue, with law enforcement agencies utilising them to obtain location data from tech companies.

Privacy Concerns of Geofence Warrants

While Geofence warrants allow law enforcement agencies to determine and identify potential suspects, these warrants have sparked controversy for their invasive characteristics. Civil rights activities and various technology companies have raised concerns over the impact of these warrants on the rights of data principals. It is noted that geofence warrants mark a rise in cases of state surveillance and police harassment. Not only is any data principal in the vicinity of the crime scene classified as a potential suspect, but companies are also compelled to submit identifying personal data on every device/phone in a marked geographic space.

From Surveillance to Safeguards

Geofence warrants have become a contentious tool for law enforcement worldwide, with concerns over privacy and civil liberties, especially in sensitive situations like protests and healthcare. Google is considering allowing users to store their location data on their devices, potentially ending the use of geofence warrants, which law enforcement agencies use to obtain location data from tech companies.

Google is changing its handling of Location History data, moving it on-device instead of on its servers. The default data retention period will be reduced. Google Maps' product director, Marlo McGriff, stated that the company will automatically encrypt backed-up data for cloud backups, preventing anyone from reading it. When these changes are implemented, Google will have no geodata fishing options for users. Google confirmed that it will no longer be able to respond to new geofence warrants once these changes are implemented, as it will not have access to the relevant data. The changes were designed to put an end to dragnet searches of location data.

Conclusion

Google's decision to change storage and access policies for users' location history in Google Maps marks a pivotal step in the ongoing narrative of law enforcement's misuse of geofence warrants. This move aims to safeguard individual privacy by significantly restricting the data retention period and limiting Google's ability to comply with geofence warrants. This change is welcomed by privacy advocates and legal professionals who express concerns over the intrusive nature of these warrants, which may potentially turn innocent individuals into suspects based on their proximity to a crime scene. As technology companies take steps to enhance user privacy, the evolving landscape calls for a balance between law enforcement needs and protecting individual rights in an era of increasing digital surveillance.  

References:

• https://techobserver.in/news/policy/will-googles-transition-to-on-device-location-storage-end-geofence-warrants-abuse-280852/

• https://telecom.economictimes.indiatimes.com/news/internet/google-to-end-geofence-warrant-requests-for-users-location-data/106081499
• https://www.forbes.com/sites/cyrusfarivar/2023/12/14/google-just-killed-geofence-warrants-police-location-data/?sh=313da3c32c86
• https://timesofindia.indiatimes.com/gadgets-news/explained-how-google-maps-is-preventing-authorities-from-accessing-users-location-history-data/articleshow/106086639.cms

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