Twitter on Legal CrossRoads
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.”
Related Blogs
Cyber, is the new weapon today! Cyber Violence is violence in cyber-space that has led to violation of cyber rights of individuals, especially those of children and women. Online violence and harassment have been overlooked laying more emphasis on offline or physical violence.
New Delhi [India], November 12 (ANI/NewsVoir): Cyber, is the new weapon today! Cyber Violence is violence in cyber-space that has led to violation of cyber rights of individuals, especially those of children and women. Online violence and harassment have been overlooked laying more emphasis on offline or physical violence. Cyber violence very often permanently, psychologically impacts the victims and their families. Various forms of threats ranging from morphing, stalking, solicitation of children for sexual purposes, online grooming, have grave consequences on the victims disturbing their mental well-being. Maintaining mental well-being in cyber space is a challenge we wish to promote and advocate for, in order to build responsible netizens.
Together, we stand against violation of cyber rights and strongly believe; it is critical to allow everyone to feel safe online. Netizen’s safety rights must be protected from all kinds of abuse and violence. Setting a mission of ‘Making India Cyber Safe for Children and Women’, Responsible Netism a social purpose organization in association with CyberPeace Foundation, an award-winning Cyber Security think tank working towards bringing CyberPeace in CyberSpace for more than two decades, host its 6th Annual National Conference on Cyber Psychology themed “India Fights Cyber Violence”, scheduled for Saturday, January 22, 2022. Ta advocate on the theme, the campaign #IndiaFightsCyberViolence was launched on November 11, 2021 by Vinay Sahasrabuddhe – President ICCR, Member of Parliament, Priyank Kanoongo – Chairperson, NCPCR and Rekha Sharma, Chairperson NCW at the ICCR Auditorium Delhi. The session was also attended by the CyberPeace Foundation team members.
Vinay Sahasrabuddhe has been a strong advocate of online safety of children, he shared his visionary words and focused on 3 R’s, Research, Reform and Reshape. He recommended extensive research was necessary to strongly voice concerns and remedies based on evidence-based research which would help us reform intervention strategies and the reshape the existing framework to best suit the needs to protect women and children in cyber space. The NCW Chairperson Rekha Sharma shared how critical it is to create awareness about online safety rights of women and reiterated the need for spreading awareness about online safety to reach the last mile in order to build collective action and bring change. She also mentioned the need to conducting nationwide trainings for the police personal to handle and report online distress.
Priyank Kanoongo, the Chairperson of NCPCR has been very proactively advocating for the cause of child online protection and has been instrumental in voicing critical in fiercely voicing his thoughts on protecting online safety rights of children across India. He shared the following thoughts at the launch. He said there is dire need to educate parents about online safety in order to let the information trickle down to their children. He said NCPCR does not hold any inhibitions in naming and shaming violators of child rights be it offline or online and will always raise a strong voice against platform ‘s inability to protect children in cyber space.
Vineet Kumar, Founder and Global President, CyberPeace Foundation, the partnering organization shared that this nationwide movement will build great momentum on the cause of online protection of children and women cross the country and urged organizations across India to pledge their support to the cause. The more people joining this movement would build collective pressure to formulate guidelines and policies the make cyber space safe for children and women. Sonali Patankar – Founder Responsible Netism shared the objective of the campaign was to let online safety reach the last mile and build on aggressive reporting of online content. The movement was an effort to make the campaign India Fights Cyber Violence to make India cyber safe for children.
She shared that the campaign launch would be followed by a nationwide research conducted to understand parents perspectives on cyber violence which would be handy in representing recommendations on women and child safety protocols through commoners. There would be a round table for organizations working with children chaired by Priyank Kanoongo on November 22 followed by a round table held for organizations working with Women chaired by Rekha Sharma Madam on December 22, 2021. The campaign would culminate in the Responsible Netism 6th National Cyber Psychology Conference scheduled for January 22, 2022 that would witness a compilation of the research and the work done throughout the campaign.
The launch was attended by Sujay Patki – Social Activist and Advisor Responsible Netism and Shilpa Chandolikar trustee Responsible Netism, Adv Khushbu Jain Advocate Supreme Court of India followed by the vote of thanks by Unmesh Joshi – Co-founder Responsible Netism. With the success of the launch and the support of NCPCR and NCW, we are sure to make this a nation-wide movement to protect cyber safety rights of netizens and strongly believe in collective action to make India Cyber Safe for Women and Children.
This story is provided by NewsVoir. ANI will not be responsible in any way for the content of this article. (ANI/NewsVoir)(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)
On March 02, 2023, the Biden-Harris Administration unveiled the National Cybersecurity Plan to ensure that all Americans can enjoy the advantages of a secure digital environment. In this pivotal decade, the United States will reimagine cyberspace as a tool to achieve our goals in a way that is consistent with our values. These values include a commitment to economic security and prosperity, respect for human rights and fundamental freedoms, faith in our democracy and its institutions, and a commitment to creating a fair and diverse society. This goal cannot be achieved without a dramatic reorganisation of the United States’ cyberspace responsibilities, roles, and resources.
VISION- AIM
A more planned, organised, and well-resourced strategy to cyber protection is necessary for today’s rapidly developing world. State and non-state actors alike are launching creative new initiatives to challenge the United States. New avenues for innovation are opening up as next-generation technologies attain maturity and digital interdependencies are expanding. Thus, this Plan lays forth a plan to counter these dangers and protect the digital future. Putting it into effect can safeguard spending on things like infrastructure, clean energy, and the re-shoring of American industry.
The USA will create its digital environment by:
- Defensible if the cyber defence is comparatively easier, more effective, cheaper
- Resilient, where the impacts of cyberattacks and operator mistakes are lasting and little widespread.
- Values-aligned, where our most cherished values shape—and are in turn reinforced by— our digital world.
Already, the National Security Strategy, Executive Order 14028 (Improving the Nation’s Cybersecurity), National Security Memorandum 5 (Improving Cybersecurity for Critical Infrastructure Control Systems), M-22-09 (Moving the U.S. Government Toward Zero-Trust Cybersecurity Principles), and National Security Memorandum 10 (Improving Cybersecurity for Federal Information Systems) have all been issued to help secure cyberspace and our digital ecosystem (Promoting United States Leadership in Quantum Computing While Mitigating Risks to Vulnerable Cryptographic Systems). The Strategy builds upon previous efforts by acknowledging that the Internet serves not as an end in itself but as a means to a goal—the achievement of our highest ideals.
There are five key points that constitute the National Cybersecurity Strategy:
1. Defend Critical Infrastructure –
Defend critical infrastructure by, among other things: i) enacting cybersecurity regulations to secure essential infrastructure; (ii) boosting public-private sector collaboration; (iii) integrating federal cybersecurity centres; (iv) updating federal incident response plans and processes; and (v) modernising federal systems in accordance with zero trust principles.
2. Disrupt and Dismantle Threat Actors
Disrupt and dismantle threat actors, including by i) integrating military, diplomatic, information, financial, intelligence, and law enforcement competence, (ii) strengthening public-private sector collaborations, (iii) increasing the speed and scale of intelligence sharing and victim information, (iv) preventing the abuse of U.S.-based infrastructure, and (v) increasing disruption campaigns and other endeavours against ransomware operators;
3. Shape Market Forces to Drive Security and Resilience
The federal government can help shape market forces that drive security and resilience by doing the following: i) supporting legislative efforts to limit organisations’ ability to collect, use, transfer, and maintain personal information and providing strong protections for sensitive data (such as geolocation and health data), (ii) boosting IoT device security via federal research, development, sourcing, risk management efforts, and IoT security labelling programs, and (iii) instituting legislation establishing standards for the security of IoT devices. (iv) strengthening cybersecurity contract standards with government suppliers, (v) studying a federal cyber insurance framework, and (vi) using federal grants and other incentives to invest in efforts to secure critical infrastructure.
4. Invest in a Resilient Future
Invest in a resilient future by doing things like i) securing the Internet’s underlying infrastructure, (ii) funding federal cybersecurity R&D in areas like artificial intelligence, cloud computing, telecommunications, and data analytics used in critical infrastructure, (iii) migrating vulnerable public networks and systems to quantum-resistant cryptography-based environments, and (iv) investing hardware and software systems that strengthen the resiliency, safety, and security of these areas, (v) enhancing and expanding the nation’s cyber workforce; and (vi) investing in verifiable, strong digital identity solutions that promote security, interoperability, and accessibility.
5. Forge International Partnerships to Pursue Shared Goals
The United States should work with other countries to advance common interests, such as i) forming international coalitions to counter threats to the digital ecosystem; (ii) increasing the scope of U.S. assistance to allies and partners in strengthening cybersecurity; (iii) forming international coalitions to reinforce global norms of responsible state behaviour; and (v) securing global supply chains for information, communications, and operational technologies.
Conclusion:
The Strategy results from months of work by the Office of the National Cyber Director (“ONCD”), the primary cybersecurity policy and strategy advisor to President Biden and coordinates cybersecurity engagement with business and international partners. The National Security Council will oversee the Strategy’s implementation through ONCD and the Office of Management and Budget.
In conclusion, we can say that the National Cybersecurity Plan of the Biden administration lays out an ambitious goal for American cybersecurity that is to be accomplished by the end of the decade. The administration aims to shift tasks and responsibilities to those organisations in the best position to safeguard systems and software and to encourage incentives for long-term investment in cybersecurity to build a more cyber-secure future.
It is impossible to assess the cyber strategy in a vacuum. It’s critical to consider the previous efforts and acknowledge the ones that still need to be made. The implementation specifics for several aspects of the approach are left up to a yet-to-be-written plan.
Given these difficulties, it would be simple to voice some pessimism at this stage regarding the next effort that will be required. Yet, the Biden administration has established a vision for cybersecurity oriented towards the future, with novel projects that could fundamentally alter how the United States handles and maintains cybersecurity. The Biden administration raised the bar for cybersecurity by outlining this robust plan, which will be challenging for succeeding administrations to let go. Also, it has alerted Congress to areas where it will need to act.
References:
- https://www.whitehouse.gov/briefing-room/statements-releases/2023/03/02/fact-sheet-biden-harris-administration-announces-national-cybersecurity-strategy/
- https://www.huntonprivacyblog.com/2023/03/02/white-house-releases-national-cybersecurity-strategy/
- https://www.lawfareblog.com/biden-harris-administration-releases-new-national-cybersecurity-strategy
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Introduction
In the vast expanse of the digital cosmos, where the tendrils of the internet weave an intricate tapestry of connectivity, the channels through which information cascades have become a labyrinth of enigma and complexity. As we traverse this boundless virtual landscape, the line demarcating fact from fiction blurs, leaving the essence of truth adrift in a deluge of data. Amidst this ceaseless flow, platforms such as YouTube, Meta, and Twitter emerge as bulwarks in a pivotal struggle against the insidious spectres of fake news and disinformation—a struggle as fervent and consequential as any historical skirmish over the dominion of truth and influence.
Let us delve into a few case studies that illustrate the multifaceted nature of this digital warfare, where the stakes are nothing less than the integrity of public discourse and the sanctity of societal harmony.
Case 1: A Chief Minister's Stand Against Digital Deception
In the northeastern reaches of India, Assam's Chief Minister, Himanta Biswa Sarma, confronted disinformation head-on. With the spectre of elections looming like a storm on the horizon, he took to the microblogging site X to unveil a nefarious scheme—a doctored video intended to distort his speech and sow seeds of communal discord. 'See for yourself, as elections approach, how vested groups distort a speech with the criminal intention of spreading disinformation and communal disharmony. The long arms of the law will catch up with these elements,' declared Sarma, his words a clarion call for vigilance.
The counterfeit video, crafted to smear the Chief Minister's reputation, elicited a swift and decisive response from Assam's Director General of Police, G.P. Singh. 'Noted Sir. CID Assam would register a criminal case and investigate the people behind this,' assured Singh, signalling the readiness of the law to pursue the purveyors of falsehood.
Case 2: Waves of Deceit: Unverified Claims of Cancellations in the Maldives Tourism Controversy
The narrative shifts to the idyllic archipelago of the Maldives, where the azure waters belie a tumultuous undercurrent of diplomatic discord with India. Following disparaging remarks by Maldivian officials directed at Indian Prime Minister Narendra Modi, the social media sphere became rife with claims of Indian tourists en masse cancelling their sojourns to the island nation. Screenshots purporting to show cancelled bookings flooded platforms like X, with one user claiming to have annulled a reservation at the Palms Retreat, Fulhadhoo, to the tune of at least Rs 5 lakh, citing the officials' 'racist remarks.'
Initial reports from a few media outlets lent credence to this narrative of widespread cancellations. However, upon closer scrutiny, the veracity of these claims crumbled like a sandcastle at high tide. Concrete evidence to substantiate the alleged boycott was conspicuously absent, and neither travel agencies nor airlines corroborated the supposed trend.
The controversy was inflamed when PM Modi's visit to Lakshadweep, and subsequent social media posts praising the archipelago, spurred Indian users to champion Lakshadweep as an alternative to the Maldives. The vitriolic response from Maldivian ministers, who labelled Modi with derogatory remarks, ignited a firestorm on X, with hashtags like #BoycottMaldives and #MaldivesBoycott trending fervently.
Yet, the truth behind the cacophony of cancellation numbers remains shrouded in ambiguity, with no official acknowledgement from either government and a conspicuous absence of data from the tourism industry.
Case 3: Misinformation Highway: Unraveling the Fabrications in Bollywood's rumours or misinformation: Lies, Thumbnails, and Digital Dalliances
Gaze now turns to the bustling fabricated thumbnails or rumour taglines on uploaded videos on YouTube, where thumbnails emblazoned with tantalising texts beckon viewers with the promise of scandalous revelations. 'Pregnant? Divorced?' they shout, luring millions into their web with the allure of salacious 'news.' Yet, these are but mirages, baseless rumours masquerading as fact, or worse, complete fabrications.
The platform teems with counterfeit narratives and rumours, targeting the luminaries of Bollywood. Factors such as easy content uploading without strict scrutiny, a burgeoning digital footprint, and India's insatiable appetite for celebrity culture have created a fertile ground for the proliferation of such content. It is a testament to the power of the digital age, where anyone with a connection can craft a narrative and cast it into the ether, regardless of its foundation in reality.
We must arm ourselves with discernment and scepticism in this relentless onslaught of misinformation. The digital realm, for all its wonders, is also a battleground where the currency is truth, and the price of negligence is the erosion of our collective understanding. As we navigate this ever-evolving landscape, let us hold fast to the principles of verification and evidence, for they are the compass by which we can chart a course through the maelstrom of misinformation that seeks to engulf us.
Conclusion
In this era of digital enlightenment, it is incumbent upon us to discern the chaff from the wheat, to elevate the discourse beyond the mire of falsehoods. Let us endeavour to foster a digital polity that values truth, champions authenticity, and resolutely stands against the tide of disinformation that threatens to undermine the very fabric of our society.
References:
- https://www.indiatodayne.in/assam/video/assam-cm-exposes-fake-video-scheme-dgp-promises-swift-action-743097-2024-01-08
- https://www.thequint.com/news/webqoof/boycott-maldives-misinformation-on-trip-booking-cancellations
- https://www.thequint.com/news/webqoof/bollywood-fake-news-on-youtube-uses-divorce-pregnancy-and-arrests-for-misinformation
