Is using electronic payment mode mandatory?

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

We are facing challenge of Covid-19 restrictions. A whole generation is facing another unique challenge. Many senior citizens and people from socio-backward classes and communities are unable to exercise their basic right to life because they may be unable to use the electronic payment mechanisms.

By the end of 1990’s electronic commerce started getting popularity and almost by the first half of the millennium, banks of several countries had expanded their services for electronic money transactions. Soon plastic money in the forms of ATM, credit, debit cards etc., were introduced and the smart generation started relying more on plastic money rather than carrying currency in their wallets. But this proved dangerous for majority. There were physical theft of wallets and the cards, misuse of the cards, hacking of e banking systems which directly affected the card operating systems, ATM machines were unauthorizedly accessed, spycams were installed in the machines to detect the banking information including the passwords etc. Senior citizens were worst affected as most of them in countries like India could not operate the e-banking system or the cards: either they could not understand the operational mechanisms or they were not physically able to conduct the entire transactions either through the ATMs, or through their smart devices. This was due to generation gap.

With the advancement of technology, e wallets were introduced. Through online banking mechanisms, one can deposit a particular amount of money in e—wallets. However, this would not be operating as a single and independent device or mechanism. Users may connect their valid government identity proofs with e-wallets. Such e-wallets may necessarily be used through computers, smart phones etc.[1] Everything remains virtual except the device/s that will help a user to access the online transaction mechanisms. It has been continuously stated that plastic money, e-wallets and e-banking systems are safe and better than carrying the currency.

But do we really know who is safeguarding our money in this system? A few provisions Chapter III of our very own Information Technology Act, 2000(amended in 2008) would make this clear. Chapter III discusses about electronic governance. S.6A of the Information Technology Act (IT Act), 2000, amended in 2008 is noteworthy here: it says as follows:

6A Delivery of services by service provider. -

(1) The appropriate Government may, for the purposes of this Chapter and for efficient delivery of services to the public through electronic means authorise, by order, any service provider to set-up, maintain and upgrade the computerised facilities and perform such other services as it may specify by notification in the Official Gazette. Explanation. -For the purposes of this section, service provider so authorised includes any individual, private agency, private company, partnership firm, sole proprietor firm or any such other body or agency which has been granted permission by the appropriate Government to offer services through electronic means in accordance with the policy governing such service sector.

(2) The appropriate Government may also authorise any service provider authorised under sub-section (1) to collect, retain and appropriate such service charges, as may be prescribed by the appropriate Government for the purpose of providing such services, from the person availing such service.

(3) Subject to the provisions of sub-section (2), the appropriate Government may authorise the service providers to collect, retain and appropriate service charges under this section notwithstanding the fact that there is no express provision under the Act, rule, regulation or notification under which the service is provided to collect, retain and appropriate e-service charges by the service providers.

(4) The appropriate Government shall, by notification in the Official Gazette, specify the scale of service charges which may be charged and collected by the service providers under this section: Provided that the appropriate Government may specify different scale of service charges for different types of services.

 

Online transactions for e-commerce purposes are directly connected with the concept of service delivery by service providers. S.6A has got two main component parts: (i) authorization to the service providers by the government to set up provisions for delivery of services in the electronic mode; and (ii) collection of service charges by the service charges. Whenever we get to see a smooth or a bumpy operation of services from the banks or from any other government or corporate authorities, we must know that there is a secret team behind that government department, bank or the corporate authority. They may be independent agencies who are commissioned by such government /bank/corporate authorities. These ‘secret teams’ perform all the technical functions for economic transactions, maintenance of the records for money transactions, maintenance of cyber security issues etc.,  and they are duty bound to not to violate the confidentiality of the user-data. Intact there are layers of contracts between the actual user and the bank/government/company, between such service provider and the actual users and the government etc. We know only the first layer of contracts and agreements between us, the actual users and the bank/government /company etc., who are providing us certain services or even goods. But there are several examples of violating the agreements and contracts. These ‘service providers’ know us more than we know ourselves because they know our bank details, our spending habits and even our location data too.

Considering the risk for breaching of confidentiality in all such cases S.7A of the IT Act, 2000(amended in 2008) has prescribed for auditing of documents etc., maintained in electronic forms. This Section says as follows:

“7A Audit of documents, etc., maintained in electronic form. -Where in any law for the time being in force, there is a provision for audit of documents, records or information, that provision shall also be applicable for audit of documents, records or information processed and maintained in the electronic form.”

But this is hugely neglected by many stakeholders and this loophole creates several data breaching related legal issues. The Indian legislature has also brought in the Intermediary guidelines Rules, 2021 which also shifts the liability for data protection for intermediaries in certain cases.

However, we must not forget that there is digital divide in our societies. Adults including men, women and people belonging to LGBTQ communities may not always access information and digital communication systems and services. This is a universal problem. Women may not be empowered to use electronic devices in socio-economically backward classes and communities. Not to forget that even though Indian constitution mandates for equal pay for all, women may not always get equal pay in unorganized sectors. Many households in India as well as in many Asian countries do not allow women to take any decision related to family-finances.  But there are situations when people are forced to use electronic payment/transaction systems. Covid-19 pandemic is one such situation where the WHO advised to reduce usage of anything which may transmit the viruses from people to people: reduction of usage of currency notes were also suggested as it was understood that the materials in the currency notes may get wet with sweat, saliva etc., and this may be extremely dangerous since it might increase the risk of spreading of pandemic. But there are new researches coming up every day which are suggesting how to take precautions while dealing with papers (including materials which are used to make currency notes) or clothes during pandemic times.

In all such cases, aren’t our constitutional rights get violated if the government or any other stakeholder insists on e-transactions? It actually does.

Answer to this question may be found in S.9 of the IT Act, 2000(amended in 2008). This says as follows:

Sections 6, 7 and 8 not to confer right to insist document should be accepted in electronic form.-Nothing contained in sections 6, 7 and 8 shall confer a right upon any person to insist that any Ministry or Department of the Central Government or the State Government or any authority or body established by or under any law or controlled or funded by the Central or State Government should accept, issue, create, retain and preserve any document in the form of electronic records or effect any monetary transaction in the electronic form.

Nonetheless, the above mentioned provision empowers all who may not be able to use or who may want to refuse the use of electronic payment system. But this may not always be considered as the Rule: this is rather Exceptio probat regulam (an exception proves the rule) in the era of internet. Even though the government and other corporate stakeholders may extend their services on humanitarian grounds to help those who may not be able to use the digital payment systems or the e-wallets etc., people’s trust may easily be broken by gross misuse of the powers that such ‘helpers’ may have: ATM debit cards may be stolen, data may be compromised, e-wallets may be illegally operated by such ‘volunteers’ who may want to gain illegal and unethical profits at the cost of innocent people.

It will take longer time to make people from all backgrounds aware about electronic payment modes. It will probably take even longer to control cyber criminality targeting vulnerable people. One must not violate the legal norms and constitutional principles to make the right to life of others almost unachievable. Vulnerable groups including senior citizens, disabled people, socio-economically backward communities, women and children must be given enough protection to gain their trust so that all can survive and win over adverse situations.

Please note: Please  do not violate the copyright of this writeup. Please site it as Halder Debarati (2021) Is using electronic payment mode mandatory?  Published @ https://debaraticyberspace.blogspot.com/2021/04/is-using-electronic-payment-mode.html on 22-04-2021

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[1] https://economictimes.indiatimes.com/definition/e-wallets

Beware of predators in the guise of information seekers

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

This afternoon I got a call from a sweet female voice. The girl claimed to have called from a nationalised bank and wanted to give me a good news. When I looked at the phone screen again I found that the number from where she is calling resembles the district code and also the area code of the central area of our city. When I concentrated again in her message she told me that my “son” had participated in a drawing competition and the bank authorities would like to come over to my home to present the certificate. I told her that I don’t have any son ! The voice from over the line politely confirmed “no it is your child”. I knew the whole episode is going to set another example of probable phishing activity or simple phone harassment and I grew more interested to learn how she did her home work. I firmly told there is no possibility of such participation from my “child”; she quizzed me on whether my child studies in the same school (she did very good homework regarding this), whether my house bears the same number (well she gets the full mark here to) and whether my husband is Jaishankar (full marks again) or not.. For a second I was dumbstruck... such a good home work !!!! I said “good, so you seem to know me so well .. now what do you want”?  The voice, which became a little shaky, said “we want to know when will you have free time so that we can come over” ? I stated “you can always see me here with my full battalion. And if you need any specific information why don’t you try calling my husband”? She was visibly taken aback and cut off the phone.
My dear readers, have you ever encountered such situations? I am not surprised by the informations this caller had gathered regarding my child’s school, my home address or even my own phone number; for in the era of informations technology, almost all of us are ‘open books’ about ourselves. I keep my Facebook, Orkut and Twitter accounts absolutely private; beyond my virtual friends, who are over 3 or 4 years old in having friendship with me, I don’t discuss anything about my child’s activities.  But you are bound to get shocks and even more shocks when these well kept ‘private’ informations are well ‘digested’ by strangers from various cloud sources; which may include friends of our ‘close friends’, postings in group walls of social networking sites, blog feeds about ourselves, emails and messages which may have been accessed from the recipient’s accounts if the said account is unauthorisedly monitored or hacked, or even phone hacking which is becoming tremendously popular now a days. Frightening.....isn’t it? For a moment I feared are they going to kidnap my child? Well, any mother would think so when the information about the child reaches back to the mother in polished or unpolished manner.  The next moment I knew what is was likely about, especially when I called back the number and I got to hear that this number is provided by some other private service provider and not the regular government supported telecom service provider. Praise the intelligence of the racket leader; the number which is being used in this fraud game is so accurately chosen that any layman would believe that this is from a land line telephone connection and may also be from the same “office” from where the caller claimed to have called.
What could be the result if I would have given the details of my stay at home? Well.. any unwanted thing could happen if such details are divulged; theft or  robbery, when the house is empty; forceful breaking in and physical assault, even rape of the woman of the house if the mischief mongers target a silent and lonely afternoon; physical phishing attack, i.e, the mischief monger comes over to house in the guise of a sales man or low level corporate staff and induces the inmate of the house to part with money by promising some good fortune or by handing over fraudulent certificate etc,.   

  Since past two three years, criminologists, researchers in the behavioural patterns of information technology users, lawyers etc have started vehement campaigning about related dangers that can happen from the excessive and unmonitored usage of  geo-location features  in the social networking sites such Facebook and also Google maps etc. Not to forget, one of the executing ‘device’ for creating/producing such dangerous situations can be the poor little hand phone also. In my book Cyber crime and the Victimization of Women: Laws, Rights, and Regulations. Hershey, PA, USA: IGI Global. ISBN: 978-1-60960-830-9 , I had stated that the third type of crime that can affect women especially besides non-sexually crimes and sexual crimes, is cyber assisted offline crimes (pg 20). This has been proved repeatedly......................and I vouch from my own experiences now.       

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2012), "Beware of predators in the guise of information seekers through phones ”, 24th April,2012, published in http://debaraticyberspace.blogspot.com/
 
 
 
 
 
 
 

No more slangs: it may land you in jail…….……….really?

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

The last page of the newspaper  The Hindu always offers some amusing news for me . Today was no exception. I was pleasantly “surprised” when I read the news “Pakistan bans 1,695 words on cellphone” ( see http://www.thehindu.com/news/international/article2642848.ece). The news report gave a strong suggestion that activists within Pakistan have condemned it. True, in any democratic country the government can not ban the freedom of expression unless it falls within the strict criteria of constitutionally frame-worked “banned words”. Further, the government can not suomotu shut the mouth of citizens unless it has been proved that some one/group of people are really hurt and such activities will bring in huge chaos in the country. But the news report further suggested that Pakistan government has taken this decision after a series of court orders came out  “favoring reasonable restrictions on the freedom of speech” . The Pakistan telecom authority (PTA) has ordered for content filtering for all the mobile phone service providers of some words including words like “Jesus Christ”.  Well, if this act is done to prevent mobile harassment especially for women, I am for it ( off course not for curbing other words which do not carry offending or sexually harassing or obscene motives). But one needs to see that whether this act of the government resulted from huge complaints from women regarding this. In India sending offensive communications via digital media is considered as an offence under section 66A. Along with this Section 509 of the IPC is  also  used in some cases when modesty of women are targeted, i.e, they are targeted with words which actually sounds very nasty. Not to forget the power of sections 69 and 69A of the Information Technology Act, 2008, which gives enough power to the government for intercepting, monitoring and even blocking the free flowing of informations through digi-tech services; India can also probably take up such action as her neighbor to prevent individuals from using slangs targeting women.   

Now, coming to the arguments against such government acts, I will sum up my points as below:

1.      women are targeted with slang words, men are neither spared. It has become a new fashion among some people to use abusive words, including slangs while texting or even speaking with friends……forget about the heated up arguments which often carry ‘unwanted words’.

2.     How far the government can check? Checking the usage of  words with double meaning  will become a huge task. Probably for this a new academic course would be needed to study the changing trend of  words with black and white meanings. Don’t forget, we in this peninsula speak both English and vernacular language and majority have excellent ability to use “Hinglish” to express thoughts.

3.     We get to see so much ***ing words/images in popular social networking sites which are hugely shared and also enjoyed by many of us… would government go ahead with banning these social networking sites too? Well, once Pakistan did ban Facebook for insulting Islam. But in India no such act was taken except the 2006 ban on an Orkut community which triggered tension for insulting the great Maratha king Chatrapati Shivaji. But note that Orkut as a site was not banned.

It is no wonder that the concept of unprotected speech and expression, seen from the aspect of Article 19(2)(v) under Indian constitution is becoming more narrowed. This provision speaks about curbing right to speech on the ground of morality and indecency. But at the same time, it lies upon the users of the free speech guarantee to use it in a proper fashion, so that the government need not step in to curb the right. Once the individual users, irrespective of their gender, decide the level of decency for usage of language themselves, the problem of objectionable words and government’s “Big Brother” attitude towards free speech guarantee may be  set at rest to a certain extent…..if not fully.     

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2011), “No more slangs: it may land you in jail…….……….really?”20^th November,2011, published in http://debaraticyberspace.blogspot.com/

 

Be aware of online mischief mongers

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Not all come to the net for networking, increasing business rapport or discussing some serious issues which may include academic discussions, burning social discussions or even chit-chats. Some even come for satisfying their sexual passion too. Yes, internet IS the place where one can hide under anonymity and satisfy him/herself in a manner that was unthinkable even a couple of years back. In my six long years of extensively browsing the net and networking, I have encountered many men species of this kind. I do not shy away from discussing one such incidence which made me to “grow up” as a woman in the internet. It happened before the Facebook era when Orkut won the hearts of millions of Indians. I was no exception. The concept of privacy was in its infanthood and any one could chat, send friend’s request and see personal albums of anyone. I was approached by some fellow net users who felt that I look “attractive”. There were some more  messages which could make any woman’s cheek flush with anger, deep insult and a feeling of guilt……yes you read it correctly…feeling of guilt….for why did I not choose to be a “man” in the net. May be a profile picture of one of the great Khans, could save me. I instantly deleted my profile to get rid of the problem.… I discussed the issue with my husband who is a criminologist himself. Why some men prefer to communicate in this fashion which brings out their ugly passion for sexual chats with unknown women? Why do they choose internet as a platform to do this? The simple answer is, such men love to use the net to relax in a mischievous manner. These sorts of men randomly choose women’s profile to be friends with, to chat and satisfy their own sexual pleasure in this unique way. Well, the trend has not died down still now. It remains and will remain. 

As a lawyer and a researcher, I know every one has the “rights to sexual pleasure”. But there lies THE point. One can not use such language or activities which may sound/appear  offensive, obscene or sexually explicit to others. It is not uncommon situation where such men grow very angry when they do not receive proper response from the women with whom they are communicating. Resultant, they may start hurling chosen abusive language and even threaten the women to disclose the whole chat session in the web. Where does the whole stuff land then? From mischievous sexual pranks to serious cajoling of the women to ugly name calling and then finally to angry messages which convey nothing but threat to the woman in question……all in a day’s work you say ! Our Indian laws do make such communications illegal and penal. Section 66A of the Information Technology Act, 2000(amended in 2008) makes it illegal and penal to convey such offensive messages. Along with this, the Indian Penal Code also offers other legal provisions to teach the prankster a lesson, depending upon the nature of the conversation; not to forget  the  provisions scripted under section 67 series of the Indian information Technology Act, 2000(amended in 2008) , compounded with each other, which  can curb the ugly part of the right to sexual pleasure.

This Durga puja season may see many women browsing the net more than browsing the puja pandals  and the Durga temples. So all the daughters of Durga, be careful when you accidentally or even casually bump on such “asuras”, for awareness is the best weapon.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2011), “Be aware of online mischief mongers”, 6^thOctober,2011, published in http://debaraticyberspace.blogspot.com/

The body language counts

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Recently I was working on one of my papers on sexting. When I started searching for literature and related informations , I came across many sites ………..adult networking sites to be precise, where men and women are depicted as ‘entertaining objects’ for sexually gratifying the site’s viewers. Many of these sites had links titled ‘amateur videos’. I did not have time to research whether these links were really ‘amateur’ or they were created by matured revenge takers. But this is for sure that many women do fall in the pit due to such video communications. Some sites like Yahoo messenger, Skype , Gtalk etc , provide this unique opportunity to see and talk to ‘friends’, relatives, colleagues etc. Now a days such video communications have become easily accessible, which was unthinkable even 15 years back. But the truth is, this ‘easy accessibility’ has made the users of the modern communication device ‘feel free’ when in front of the computer screen. No, it is not the pre teens, teenagers or young adults alone, who may expose their skin too much in video chatting sessions, but  adult male and females also may expose themselves too much .

In my earlier blogs, I had written about how women tend to fall prey to sexually pervert ‘boyfriends’. One must remember that being emotionally over powered by some one completely unknown ( and even known acquaintances too) and exposing oneself in front of the web cam may be a foolish job that one may repent for later. At the same time, users, especially women must not exhibit such body language in front of the webcam that can be (mis)construed to mean that the women is actually ‘inviting’. Such body languages may include  intentionally bending too much in front of the camera by which  cleavages or parts of the breasts can be seen, throwing flying kisses (especially when a person completely unknown to the woman is chatting),  removing of the dress or parts of the dress and cuddling up the pillow when chatting etc. I know many women feel free in front of the computer when known friends appear for chat over the blue screen. But in the Skype especially, one can capture still pictures from video chattings. One can even record the whole video chatting  without letting the other user know that she is being ‘recorded’. This indeed gives a broad chance for misuse of ‘friendship’. In India, the penal code may restrict any such video clipping, still pictures etc , published in the   net which may portray women  in  obscene and vulgar fashion, by tagging it as ‘harming the modesty of women’ under section 509; the Information Technology Act may restrict such images by tagging it as conveying obscenity under section 67A and above all, the Indecent Representation of women Act may also be pulled in to save the woman in question. But do remember, voluntary invitation of trouble by using bad  body language will inevitably land the victim in deeper trouble even if there are laws to prevent to floating of such ‘moments’ in the net. Many women do repent the ‘opening up’ later. Hence  be casual  yet formal when in front of the webcam. Do not let anyone take advantage of your feminity  and do not convey the message that ‘I am available for messy situations’.

Please Note: Do not violate copyright of this blog. If you would like to use informations provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2011), “The body language counts”, 11^th July,2011, published in http://debaraticyberspace.blogspot.com/