#FactCheck - Viral Clip and Newspaper Article Claiming 18% GST on 'Good Morning' Messages Debunked

Introduction

The Chairman of Vardhman Group, Mr SP Oswal, an India-based textile manufacturer, fell victim to a cyber fraud scheme that cost him ₹7 crore. The scam unfolded on August 28 and 29, conning Mr Oswal into transferring Rs 7 crore into multiple bank accounts. As per the recent reports, the Police have managed to freeze these accounts and recover over Rs 5 crore as of now. The fraudsters convinced Mr SP Oswal that he was a suspect in a money laundering investigation and held on a “Digital Arrest”. These are sophisticated cyber frauds where cyber-criminals impersonate law enforcement officials or other authorities and target innocent individuals with manipulative tactics. The scam targets are often contacted out of the blue, on Instant messaging apps like WhatsApp and informed that their bank accounts, digital identities, or other online assets have been compromised. Criminals play into the victims' fear by threatening them with imminent arrest, legal consequences, or public humiliation if they don't cooperate with a series of urgent demands.

Posing as Officials, Fraudsters Orchestrate ₹7 Crore Scam

The investigation revealed that the fraudsters posed as members of the Central Bureau of Investigation (CBI). They had contacted Mr Oswal and claimed that his Aadhaar had been misused in a case involving fake passports and financial fraud. The imposter conducted a video call in a police uniform using a background with the CBI logo. The fraud escalated further, Mr Oswal got a fake "arrest warrant" on  WhatsApp allegedly authorised by the Supreme Court. Fraudsters convinced Mr Oswal to transfer ₹7 crores to facilitate bail proceedings, claiming he was under "digital arrest". The meticulously planned scam involved fake documents, a virtual courtroom, and relentless intimidation tactics leaving Mr Oswal effectively under "digital arrest" for two days. While the police have successfully recovered over Rs 5 crore so far, this case highlights the alarming threat of digital impersonation of law enforcement authorities.

Legal Outlook on the Validity of Digital Arrests

In India, the main laws governing cyber crimes are the Information Technology Act, of 2000 and the rules made under therein, and the newly enacted Bhartiya Nyaya Sanhita, 2023. Recently enacted new criminal laws do not provide for any provision for law enforcement agencies conducting a digital arrest.  The law only provides for service of the summons and the proceedings in an electronic mode. Hence, there are no provisions for conducting 'digital arrests' as per the laws of the country. 

Further, It should be noted that the Indian Cyber Crime Coordination Centre (I4C), under the Ministry of Home Affairs, coordinates the activities related to combating cybercrime in the country. MHA works closely with other ministries to counter these frauds. The I4C also provides technical support to the police authorities of states/UTs for the identification and investigation of these cases. 

Best Practices to Avoid Digital Arrest Scams 

• To protect yourself from scams, it is crucial to verify the identity of individuals claiming to be law enforcement or government officials and use official contact channels to confirm their credentials. 
• Be cautious of pressure tactics used by fraudsters, especially demands for quick payment over unverified communication platforms like WhatsApp. 
• Cross-check official documents with legal advisors or relevant authorities. 
• Never share sensitive personal information, such as your Aadhaar number, over phone calls, emails, or messages without verifying the request's authenticity. 
• Avoid untraceable payments, such as cryptocurrency or prepaid cards, without validating the transaction's legitimacy, especially under duress. 
• Stay informed on scam techniques, particularly those involving impersonation and digital threats. 
• Enable Two-Factor Authentication (2FA) for sensitive online accounts to prevent misuse. 
• Consult advice from legal professionals if you receive threatening communication involving digital arrest or legal actions and do not take any action on the asks of persons posing as legitimate authorities. 
• In case of any cybercrime, you can file a complaint at cybercrime.gov.in or helpline number 1930. You can also seek assistance from the CyberPeace helpline at +91 9570000066.

Conclusion

The digital arrest of Vardhman Group's CEO underscores the increasing sophistication of cyber fraud schemes, which exploit fear and urgency, leading to severe financial and reputational harm. No one is immune from cybercrime, vigilance is essential at all leadership levels. While laws like the IT Act and initiatives taken by the I4C help combat cybercrime, rapidly evolving threats demand proactive safety measures. Beyond the possibility of financial loss, incidents like this jeopardise brand reputation, investor confidence, and operational stability. Be cautious of such threats and exercise due care and caution while navigating the digital landscape. Be aware of such kinds of scams and the manipulative tactics used by fraudsters to avoid them. By staying vigilant and aware we can avoid the growing scam of digital arrests. 

References

• https://www.business-standard.com/companies/news/digital-arrest-and-rs-7-crore-heist-how-vardhman-group-head-was-tricked-124100100832_1.html
• https://www.hindustantimes.com/business/vardhman-group-chairman-sp-oswal-duped-of-rs-7-crore-fraudsters-posed-as-cbi-101727666912738.html 
• https://www.msspalert.com/native/digital-arrests-the-new-frontier-of-cybercrime

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The United Nations in December 2019 passed a resolution that established an open-ended ad hoc committee. This committee was tasked to develop a ‘comprehensive international convention on countering the use of ICTs for criminal purposes’. The UN Convention on Cybercrime is an initiative of the UN member states to foster the principles of international cooperation and establish legal frameworks to provide mechanisms for combating cybercrime. The negotiations for the convention had started in early 2022. It became the first binding international criminal justice treaty to have been negotiated in over 20 years upon its adoption by the UN General Assembly.  

This convention addresses the limitations of the Budapest Convention on Cybercrime by encircling a broader range of issues and perspectives from the member states. The UN Convention against Cybercrime will open for signature at a formal ceremony hosted in Hanoi, Viet Nam, in 2025. The convention will finally enter into force 90 days after being ratified by the 40th signatory.

Objectives and Features of the Convention

• The UN Convention against Cybercrime addresses various aspects of cybercrime. These include prevention, investigation, prosecution and international cooperation. 
• The convention aims to establish common standards for criminalising cyber offences. These include offences like hacking, identity theft, online fraud, distribution of illegal content, etc. It outlines procedural and technical measures for law enforcement agencies for effective investigation and prosecution while ensuring due process and privacy protection. 
• Emphasising the importance of cross-border collaboration among member states, the convention provides mechanisms for mutual legal assistance, extradition and sharing of information and expertise. The convention aims to enhance the capacity of developing countries to combat cybercrime through technical assistance, training, and resources. 
• It seeks to balance security measures with the protection of fundamental rights. The convention highlights the importance of safeguarding human rights and privacy in cybercrime investigations and enforcement.
• The Convention emphasises the importance of prevention through awareness campaigns, education, and the promotion of a culture of cybersecurity. It encourages collaborations through public-private partnerships to enhance cybersecurity measures and raise awareness, such as protecting vulnerable groups like children, from cyber threats and exploitation.

Key Provisions of the UN Cybercrime Convention

Some key provisions of the Convention are as follows:

• The convention differentiates cyber-dependent crimes like hacking from cyber-enabled crimes like online fraud. It defines digital evidence and establishes standards for its collection, preservation, and admissibility in legal proceedings.
• It defines offences against confidentiality, integrity, and availability of computer data and includes unauthorised access, interference with data, and system sabotage. Further, content-related offences include provisions against distributing illegal content, such as CSAM and hate speech. It criminalises offences like identity theft, online fraud and intellectual property violations.
• LEAs are provided with tools for electronic surveillance, data interception, and access to stored data, subject to judicial oversight. It outlines the mechanisms for cross-border investigations, extradition, and mutual legal assistance.
• The establishment of a central body to coordinate international efforts, share intelligence, and provide technical assistance includes the involvement of experts from various fields to advise on emerging threats, legal developments, and best practices.

Comparisons with the Budapest Convention

The Budapest Convention was adopted by the Committee of Ministers of the Council of Europe at the 109th Session on 8 November 2001. This Convention was the first international treaty that addressed internet and computer crimes. A comparison between the two Conventions is as follows:

• The global participation in the UNCC is inclusive of all UN member states whereas the latter had primarily European with some non-European signatories. 
• The scope of the UNCC is broader and covers a wide range of cyber threats and cybercrimes, whereas the Budapest convention is focused on specific offences like hacking and fraud. 
• UNCC strongly focuses on privacy and human rights protections and the Budapest Convention had limited focus on human rights.
• UNCC has extensive provisions for assistance to developing countries and this is in contrast to the Budapest Convention which did not focus much on capacity building.

Future Outlook

The development of the UNCC was a complex process. The diverse views on key issues have been noted and balancing different legal systems, cultural perspectives and policy priorities has been a challenge. The rapid technology evolution that is taking place requires the Convention to be adaptable to effectively address emerging cyber threats. Striking a balance remains a critical concern. The Convention aims to provide a blended approach to tackling cybercrime by addressing the needs of countries, both developed and developing.

Conclusion

The resolution containing the UN Convention against Cybercrime is a step in global cooperation to combat cybercrime. It was adopted without a vote by the 193-member General Assembly and is expected to enter into force 90 days after ratification by the 40th signatory. The negotiations and consultations are finalised for the Convention and it is open for adoption and ratification by member states. It seeks to provide a comprehensive legal framework that addresses the challenges posed by cyber threats while respecting human rights and promoting international collaboration. 

References

• https://consultation.dpmc.govt.nz/un-cybercrime-convention/principlesandobjectives/supporting_documents/Background.pdf 
• https://news.un.org/en/story/2024/12/1158521 
• https://www.interpol.int/en/News-and-Events/News/2024/INTERPOL-welcomes-adoption-of-UN-convention-against-cybercrime#:~:text=The%20UN%20convention%20establishes%20a,and%20grooming%3B%20and%20money%20laundering 
• https://www.cnbctv18.com/technology/united-nations-adopts-landmark-global-treaty-to-combat-cybercrime-19529854.htm 

Introduction 

In the interconnected world of social networking and the digital landscape, social media users have faced some issues like hacking. Hence there is a necessity to protect your personal information and data from scammers or hackers. In case your email or social media account gets hacked, there are mechanisms or steps you can utilise to recover your email or social media account. It is important to protect your email or social media accounts in order to protect your personal information and data on your account. It is always advisable to keep strong passwords to protect your account and enable two-factor authentication as an extra layer of protection. Hackers or bad actors can take control of your account, they can even change the linked mail ID or Mobile numbers to take full access to your account.

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Recent Incident

Recently, a US man's Facebook account was deleted or disabled by Facebook. He has sued Facebook and initiated a legal battle. He has contended that there was no violation of any terms and policy of the platform, and his account was disabled. In the first instance, he approached the platform. However, the platform neglected his issue then he filed a suit, where the court ordered Facebook's parent company, Meta, to pay $50,000 compensation, citing ignorance of the tech company. 

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Social media account recovery using the ‘Help’ Section

If your Facebook account has been disabled, when you log in to your account, you will see a text saying that your account is disabled. If you think that your account is disabled by mistake, in such a scenario, you can make a request to Facebook to ‘review’ its decision using the help centre section of the platform. To recover your social media account, you can go to the “Help” section of the platform where you can fix a login problem and also report any suspicious activity you have faced in your account. 

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Best practices to stay protected

1. Strong password: Use strong and unique passwords for your email and all social media accounts.
2. Privacy settings: You can utilise the privacy settings of the social media platform, where you can set privacy as to who can see your posts and who can see your contact information, and you can also keep your social media account private. You might have noticed a few accounts on which the user's name is unusual and isn’t one which you recognise. The account has few or no friends, posts, or visible account activity.
3. Avoid adding unknown users or strangers to your social networking accounts: Unknown users might be scammers who can steal your personal information from your social media profiles, and such bad actors can misuse that information to hack into your social media account. 
4. Report spam accounts or posts: If you encounter any spam post, spam account or inappropriate content, you can report such profile or post to the platform using the reporting centre. The platform will review the report and if it goes against the community guidelines or policy of the platform. Hence, recognise and report spam, inappropriate, and abusive content.
5. Be cautious of phishing scams: As a user, we encounter phishing emails or links, and phishing attacks can take place on social media as well. Hence, it is important that do not open any suspicious emails or links. On social media, ‘Quiz posts’ or ‘advertisement links’ may also contain phishing links, hence, do not open or click on such unauthenticated or suspicious links.

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Conclusion

We all use social media for connecting with people, sharing thoughts, and lots of other activities. For marketing or business, we use social media pages. Social media offers a convenient way to connect with a larger community. We also share our personal information on the platform. It becomes important to protect your personal information, your email and all your social media accounts from hackers or bad actors. Follow the best practices to stay safe, such as using strong passwords, two-factor authentication, etc. Hence contributing to keeping your social media accounts safe and secure.

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References:

• https://www.gpb.org/news/2023/07/11/facebook-wrongfully-deleted-his-account-he-sued-the-company-and-won
• https://consumer.ftc.gov/articles/how-recover-your-hacked-email-or-social-media-account

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