Remedial measures for cyber crime against women: my thoughts

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

16 Days 2013: Presentation by Dr. Debarati Halder, Remedies for Cyber-Crimes against Women from The Prajnya Trust

Viral contents, safety and privacy of women

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

After two days of International day for elimination of violence against women  (November,25)and a day after India celebrated Law Day on November 26, I write this blog with a mixed mind of happiness and confused state. The past weeks were noteworthy: a woman bank employee was attacked inside the ATM in Bangalore by a man who is still playing hide and seek when I write this blog and  the sensational Tehelka  journalist’s  sexual harassment case. Both to me are interconnected; all of them relate to the violence against women in different forms. All three incidences became sensational national news within no time due to viral sharing in the social media. The woman bank employee was attacked by man who was hiding inside the ATM counter with a weapon when she was operating the ATM machine. She fell down in a pool of blood. The attacker left the scene by pulling the shutter down. This was viewed by  millions of viewers again and again who watched the CCTV footage that was first aired by the news channels and then shared by almost every third social media user.  I can’t stop appreciating the two school boys who alerted the police men first. They are the internet generation kids, but  they  probably were more concerned about the crime and the victim whose blood was trickling down from the closed ATM kiosk, than wasting time in recording the scene in cell phones (remember the cartoon that is  doing rounds in  the net where people are taking picture/video -graphing  two hands slowly drowning in a water body?)  . Thanks to the school policies in many cities in India which prohibits children from bringing any digital communication devices to the school including the cell phone.  We are getting wonderful citizens for the future indeed. However, no sooner, there were floods of debates in the Facebook as well as in the news channel web links as to whether the CCTV footage should have been aired at all as this is brutal, violent attack and above all it may alert other such ATM attackers as to how to protect their identity when carrying on such operations. On the other hands many shared and showcased the video to spread the news and alert the police wherever and whenever the attacker can be seen.  Ironically i was also asked by some of my friends to see it and share it. I did neither.

        Following closely this, came the Tehelka journalist’s case. A woman journalist of the Tehelka news group complained to her seniors that she was sexually harassed and assaulted by the editor in chief of Tehelka .The news became extremely scandalous, yet sensational due to the reason that only this year India has finally got a bunch of strict laws against sexual harassment of women, including the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and Tehelka had been a news channel which carried many notable sting operations to reveal many closely kept scandalous secrets. Before the victim or her complaint could become a ‘hot item’ for the web, the police considered the legal safeguards for the victim which is freshly embedded in S. 16 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 and warned the general public to not to circulate the details of the victim in any social media. (http://www.thehindu.com/news/national/goa-police-record-statements/article5386247.ece). A very much needed warning indeed. When the Delhi gang rape happened almost a year back, the fury of people led the government to consider stricter punishment for rape. Internet was flooded with pictures of a woman in nebulizer who was described as the victim. no one, not even the police could stop such circulation of false, half known details of the victim especially when the penal laws prohibit releasing the information of the victim of sexual assault cases.

        I consider all women victims with equal concern when it comes to the issue of their privacy. While police has taken a brilliant historical step in prohibiting general public from posting any details of the victim, I feel this wise decision should be used for all cases of victimisation of women. The limitation off course exists as the law which closes the chances of floating the information is limited in its scope. But this was one of the main reasons that I preferred to share the ATM attack video as well. Why should a brutal attack on a woman video be shared by general public at all?  I feel it is extreme disgracing for the victim, even though this could have been considered as the right way to alert the general public about the image of the attacker by some. I ask, why not only the image of the attacker? Because the woman in the ATM attack case was not sexually harassed, no one considered sharing of the video as something which should not have been done. A sheer example of when law of the land stops its words, law of human psychology takes place.  Consider when the ATM attack victim would get to see the circulation, she or her daughter/s or her granddaughters may not feel happy about it. Would you reader feel happy to see the viral pictures of your mother/sister/daughter being attacked and lying in a pool of blood?  You may not !

        If you are the one who has posted the ATM attack video or thinking of sharing any information about the Tehelka journalist. Please do consider. Viral contents can show that you are concerned about the issue, but equally it may endanger the victim’s life, her privacy and safety.

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. (2013), “Viral contents, safety and privacy of women””, 27thDecember,2013, published in http://debaraticyberspace.blogspot.com/

Virtual women trafficking sets in : be aware

CYBER CRIME AGAINST WOMEN BY DR.DEBARATI HALDER

Using commercial web portals for on-line buying and selling is the new trend that is gripping India fast. For long there were questions of credibility of the on-line classifieds and e-commerce portrayals and many had complained after they were duped by such on-line classifieds. I myself had received and still receive many complaints of fraudulent promises on such web portals, awful customer care responses, delay in completion of the contract or even duping of prospective buyers by ‘vanishing sellers’  once the payment has been made. Typically there are several categories of perpetrators and basically one group of victims; namely the prospective buyers; rather there ‘were’ !  but the power of world wide web proved more than legendary criticism by jean Louis De Lolme  about the  British parliament which says “Parliament can do everything but make woman a man and a man a woman”. Numerous instances are there where World Wide Web had brought in huge surprises including declaring alive men dead, turning innocent children into porn materials and making brilliant students millionaires. But not to forget, it has also brought in virtual women trafficking; a trend that may not have gained major highlights due to erasing nature of the evidences. In the west, Craigslist was one such site which was being used for victimising women by creating the victim’s fake avatars (Halder Debarati,Examining the Scope of Indecent Representation of Women (Prevention) Act, 1986 in the Light of Cyber Victimization of Women in India (May25, 2013). National Law School Journal,Vol. 11, 2013, pp. 188-218 . Available at SSRN: http://ssrn.com/abstract=2270061) as one who solicits for sex; the on-line classified site was being misused  by perpetrators who for taking revenge over jilted affair, floated women’s private address, phone numbers and sometimes their very private sexual preferences which would have known  only by the perpetrator himself. There had been instances when such advertisement had lead to rape of the victim by strangers who dropped in at the address provided by the perpetrator. Criaglist started monitoring the contribution of such kinds, especially usage of the same as a dating site when some researchers pointed out how the site was becoming a notorious choice for sexual victimisation women.

        In India for long, on-line victimisation of women had been restricted to social networking sites like Facebook and some adult dating sites. Usage of commercial web-portals for victimisation of women was not  a  ‘trend’ until recently when some one used popular on-line classified Olx.com to actually advertise for  selling  a woman for a paltry sum of Rupees two thousand (see http://articles.timesofindia.indiatimes.com/2013-10-30/india/43526620_1_advertisement-police-station-portal). The advertisement was complete with a photograph of the woman and a corresponding name and phone number of the ‘agent’. Interestingly, the ‘agent’ was none other than another victim of identity theft who claimed that his name has been maliciously used to victimise him. The news media contacted the victim of identity theft and later the country manager of the online classified; subsequently the ad was removed. But now, consider the fate of the woman whose photograph was floated as the main subject of virtual women trafficking. May be, the photograph could have been taken from adult sites to victimise the man who had been shown as the agent; may be it is a real picture of a real victim; but the truth is, campaigning for virtual women trafficking for victimisation of women has set in and it has created a huge example for new trends of cyber crimes and on-line victimisation of women. In India human trafficking, including women trafficking is considered illegal and the Indian Penal Code offers various penal provisions to prohibit sale of women ( see pg 6 in Nair (2007), Trafficking women and children for sexual exploitation : a handbook for law enforcement agencies in India , URL: http://www.unodc.org/documents/human-trafficking/India_Training_material/Handbook_for_Law_Enforcement_Agencies_in_India.pdf). Nonetheless, these provisions are proving to be mere written laws especially when the online sites traditionally do not monitor the contributed contents. However, this particular site deserves a special applause since they had withdrawn the offensive advertisement within record time after being notified. But still then, the trend of on-line victimisation of women has taken a new path with this incident and I fear this is going to stay.

Hope my fear is proved baseless very soon.

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. (2013), “Virtual women trafficking sets in : be aware”, 10^th November,2013, published in http://debaraticyberspace.blogspot.com/

Whose photo is it when you have a “cover photo” ?

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER, PH.D

Every year October brings in nice surprises: the weather changes, festive season starts and women feel more encouraged to stay fit to look good during the festive season. This enthusiasm makes one eager to do lots of outdoor activities and showcase the same in their social media profile cover pictures or profile pictures which would gradually become an identification mark for the profile owner; for example, I got to see beautiful nature photography, painting exhibitions, festive photos in numerous Facebook profiles, which were further shared by other specialised social media profiles meant exclusively for photography or for online painting exhibitions.  Nonetheless, these pictures may include human faces including the profile owners in their finest attires. Needless to say, cover photos or profile photos do provide a glimpse of what the user wishes to showcase to the world; I myself made a cover photo for myself which has my convocation photograph where I was receiving my Ph.d Degree from the hands of the Hon'ble Chief justice of India.   Well, this is the age of “sharing and viewing” and those who have social media profiles should expect minimum privacy when it comes to sharing their lives with their virtual friends. But does that mean that when the social media platform does not guarantee any privacy, our pictures or contents really become public properties?  Even though there are many research papers and works are available on this issue, I thought to contribute my own thought as well.

         As we all know, any social media is duty bound to provide privacy rights to the users. But at the same time, no service provider would actually allow a user to lock everything for him/herself. This defies the ultimate purpose of the social media, i.e. to connect and reconnect people. Hence every user is given options to choose privacy set-ups that a social media channel can offer. This includes self exposure, exposure of friends and exposure of others (who are not listed as ‘friends’ of the profile owner) through one user in various levels.   The most sensitive part of such exposure is definitely the photographs. When a user uploads a picture (whether a nature photography or a picture containing human images), to his social media profile, it is generally expected that he owns the photograph; very technically, he has copyright over it; but not always! There are numerous instances of ‘possessing’ over other’s photograph and using as well as misusing it through one’s social media profile. I myself got to see many such cases which unfortunately involved creation of “Fake Avatars”  (See Halder Debarati,Examining the Scope of IndecentRepresentation of Women (Prevention) Act, 1986 in the Light ofCyberVictimization of Women in India (May25, 2013). National Law School Journal,Vol. 11, 2013, pp. 188-218 . Availableat SSRN: http://ssrn.com/abstract=2270061) of women with ‘possessed’ pictures. But there are instances when photos of profile owners have been ‘stolen’ and showcased in other’s profiles and such photo possessing does not actually intend to harm the reputation of the actual photo owner. This happens especially when the photograph is exhibited in open access platforms like the ‘cover photo’ of Facebook, or photo albums made intentionally open for public in either Facebook or Twitter.

 It needs to be understood that social media impliedly enters into a contract where it becomes duty bound to respect a user’s copy right. This is evident from not only the Terms that any social media asks a user to go through, but also from  the report option where you would get to see a small note at the bottom “is this your intellectual property”?  In India such sorts of mischievous activities are mostly regulated by the Copy Right Act, 1957 (which has been further amended in 2012). But usage of this law for social media photo right infringement is extremely rare. The reason could be that this Act is mostly used when the intellectual property infringement involves loss of profit.  However, I have seen many people get confused as to whether they can really claim their intellectual property right when the picture is showcased in open access platforms of social media and it had been ‘stolen’. I ask ‘why not’?  But I am very much aware that to prove a claim, a victim may have to run out of her patience especially when the social media itself may ask for the proof to show that the photograph was originally owned by the victim. But still then, it may prove worth fighting for and sharing the experience  as this will actually benefit not only the intellectual property researchers, but netizens in general.

Do let me know your views.

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. (2013), “Whose photo is it When you have a “cover photo” ?

”, 25^thOctober,2013, published in http://debaraticyberspace.blogspot.com/

Bully in… - The Hindu

Bully in… - The Hindu
http://www.cybervictims.org
Madhumita Srinivasan of The Hindu writes on cyber bullying under the title "Bully in.....". http://www.thehindu.com/todays-paper/tp-features/tp-youngworld/bully-in/article5234784.ece .This extremely informative write-up carries my feedback. The particular section which carries my feedback is as follows: "You are at risk when

According to Dr. Debarati Halder, Advocate and Managing Director, Centre For Cyber Victim Counselling: “There are several pockets which can trap unaware children who wish to get logged in to get connected to the world. Two such traps are social media and chat rooms.

While most of the social media offer membership to individuals from the age of 13 and upwards, some chat rooms which are part and parcel of email services may not have this age barrier. Online abuse starts when such children grow extremely inquisitive and start participating in the discussions/posts/blogging without understanding where it is leading to.”

“Creating fake profiles using personal information and posting obscene content is one of the most common problems. Misuse of personal pictures and spreading them, and also cases of relationships abuse are also on the rise,” adds Tandon.

How it affects you

Since children are emotionally fragile, abuse of any kind will leave a deep impact on them psychologically. Dr. Halder explains: “When children become victims of bullying, their ego is hurt and they may go into deep depression. Suicidal tendency due to bullying among children is well known now. On the other hand, some children may become extremely deviant and may become bullies themselves.”

“They may even learn illegal and unethical tricks like hacking, creation of fake profiles and so on at an early age to take revenge on their bullies and then may practice this over everyone they like. For children, who unfortunately fall victim, I have noticed many of them (especially girls) becoming very withdrawn. Some have even turned to hackers to remove the offensive posts.”

I would like to share it with all my readers. This is especially necessary for girls since we have seen girls, especially older teens may become easy targets of bullying and then subsequently may fall victims of other types of cyber crimes like creation of "fake avatar", a term coined by me in my article (SeeHalder Debarati,Examining the Scope of Indecent Representation of Women (Prevention) Act, 1986 in the Light of CyberVictimization of Women in India (May 25, 2013). National Law School Journal,Vol. 11, 2013, pp. 188-218 . Available at SSRN: http://ssrn.com/abstract=2270061).

Security of women in whose hands?

CYBER CRIME AGAINST WOMEN BY DR.DEBARATI HALDER,PH.D.

It was an anxious moment for almost every citizen in the country who was waiting to see what awaits the rapists of Nirbhaya, the Delhi gang rape victim. Right on the eve of the judgement day however, I came across another news which led me to think more than I was expected to think on the gang rape verdict: the electronic personal safety device (Epsd) which is on its way specially to protect women in distress ( See http://www.thehindu.com/news/national/watchlike-device-to-alert-kin-of-women-in-distress/article5107722.ece) . I would have forgotten the information as‘regular news’ which kindles our mind only for a minute or two had I not been  called for an interview by PuthiyaThalaimurai, a Tamil News channel, on the judgement day. The breaking news that this TV channel was airing after 2 in the afternoon obviously braced the issue of the verdict, especially the death penalty and people’s emotions related to it. I was asked about my opinion as an advocate, a woman advocate rather. The reporter, while giving his details and interviewing me, told about the 12 year old school girl in Tuticorin, who was brutally raped and then killed by the rapist almost within a week after the Delhi gang rape case happened. While I was giving my views as to what sentence can be expected in this particular rape case, I started realising how far the society has become blood thirsty for rapists. As a woman and a mother of a girl, even I myself would have wanted any one who sexually abuses or assaults another woman or a minor girl, to go through similar or even more physical pain and mental trauma that he would have caused to his victim. However, as an advocate and a legal researcher, I need to be more rational.

But an ‘EPSD’ for protecting women from sexual abusers?

 After going through hoards of news reports about the Delhi verdict and knowing how brutally the little girl in Tuticorin was killed, I could not stop thinking the ‘watch like device’ as similar to geolocator loggers or collars used for tracking migratory birds or wild animals and the women who would be wearing it, as experimental guinea pigs trapped and tracked for no fault of theirs.

I have some points to think it as anti feminist:

i.Even though the operation of it would be manual, i.e, the woman can switch on the device only when she needs to alert her people, what happens when the it gets accidentally ( or even intentionally) switched on by the  harasser if he wishes to show the harassment, disrobing or even rape of the victim to the select audience through even smarter technology ?

ii. Given the fact that laws in India are still confused about tracking a non-criminal person by private individuals including the parents, husbands or other immediate family members, would the privacy-infringement laws be amended again to include this exception? In that case, we need to be ready for the misuse of the law also.

iii. Nonetheless, our Indian society is changing. Won’t this device present another debatable issue similar to dress-code or gagging the right to use mobile phones or internet for women ( I discussed about this in one of my earlier blogs @ http://debaraticyberspace.blogspot.in/2012/12/gagging-right-to-digital-communication.html) ?

Well, I am not the only one who is thinking in these lines. Some of the comment –contributors of the news report on the device did express similar concern.

But I must say, the device is a safety device and apparently women would be given freedom to use it or not to use it since The Constitution of India has given equal rights to women to live their own lives. Saying this, I can neither ignore the benefits of the device. Tracking of criminals through GPS system is introduced to Indian police system quite a long ago. Almost all the police head quarters and police stations including stations situated in interior parts of India are expected to stay connected to track the criminal through this; and this device can be an extended mobile version of criminal tracking system, which would be carried by women. It can be expected that in future everyone, irrespective of their gender can use it for alerting the police about the crime and the criminal.

But still then, I can’t stop thinking: has our society gone so low that it has to tie the crime detector on women (my angry soul  can’t stop myself from giving the name to our gender in great dismay ‘the sex-thing’)?

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. (2013), “Security of women in whose hands”, 15^thSeptember,2013, published in http://debaraticyberspace.blogspot.com/

Protect your image, not the image destroyer

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Very recently I came across the news of a victim of domestic violence who had been badly physically abused. All attempts to hide the bruises in her face were failed. She was in pain for several days before she could actually gather herself up to join the daily chores of life by her sheer will power. When some of us, her well wishers advised her to report the matter to the police immediately, she retreated. Her sole concern was to protect the family. The case seems similar to many of the domestic violence cases in India as well as in many parts of south Asia where the victim refuses to see the police in fear of losing the faith in her ‘dear ones’. The story is no different for on line abuses. Many women are constantly abused on-line by their own family members, especially doubtful husbands, or someone in whom they once had deep trust, like the ex boyfriends or the ex husbands.  In the digital space, it is extremely easy to spoil the image of the woman. Show her actual picture with dirty tag-line, morph her picture to affix her face on nude bodies, show the pictures of vagina and emboss her name on it, rape her virtually by affixing human hands on the picture of her body parts, especially breasts and lower abdomen and allure others to do the same....... these are some of the examples of abusing the image of a woman which had been discussed by many feminist researchers in their write ups including me in my paper titled “Examining the scope of Indecent Representation of Women (Prevention) Act, 1986 in the light of cyber victimisation of women in India (See Halder Debarati, Examining the Scope of Indecent Representation of Women (Prevention) Act, 1986 in the Light of CyberVictimization of Women in India (May 25, 2013). National Law School Journal,Vol. 11, 2013, pp. 188-218 . Available at SSRN: http://ssrn.com/abstract=2270061). But no wonder, majority of the victims feel extremely embarrassed to visit the police. Why? The case of this particular victim of domestic abuse made me realise the truth again; the woman has to live in the society where her relatives including her father, brother or even husband or even her women folk are also staying. They may never like to be tagged as the relative of a victim of on-line abuse, especially when many still believe that on-line abuses such as these mostly occur due to the victim’s own (mis)deeds. Many victims retreat from reporting the crime in fear for loss of job and loss of reputation not for them, but for the family members including the husband in case he is the abuser himself. Some even fear for loss of reputation of the girls in the family in the marriage market. In some cases, the fear is not baseless especially when the police starts tracing the crime and haunts the offices or workplaces of the accused, who may be directly related to the victim or her family. Also, the police have almost set a trend to tag such crimes as either pornographic crimes, or obscene or sexually harassing crimes... all of which may  bring shame to the victim when she is asked about it in the typical questioning pattern set for physical crimes falling under the broad title of sexual crimes. Thanks to the confused laws, less interest of legal drafts men ,the police authorities and the criminal justice machinery in reviewing recent academic researches on the new developments of  international as well as national laws, the young and enthusiastic police  officers (who are rare in number) never get any chance to book the offences as per their own judgements and the crimes continue to add to the categories of traditionally laid down definitions, giving less chances to examine their  true characters. But unlike the physical cases of image destroying of the victim by hitting her and bruising her face, cutting her skin and flesh and permanently damaging her looks, where the accused could be arrested or the victim could be separated from the accused, in cases of on-line crimes of image destruction, the accused may remain hidden or may carry on further damages while the police carry on further investigation. This is extremely frustrating for the victim. Then comes the juggling of the jurisdiction in cases where the accused reside outside the jurisdiction of the local police. While the Criminal Procedure Code clearly empowers the police to carry on the investigation in such cases, red tapism never leaves. A married woman never wants to lose her time in such tangle especially when she has to look after her children, her job and her family. Resultant, either she herself leaves the battle ground with deep frustration which may even lead her to commit suicide, or may take up some illegal ways to remove the image quickly. The actual image destroyer enjoys his misdeeds with no repent.

But time has come when women, especially married women must take time to save their own physical images rather than saving the image destroyer. Let us hope that the courageous women may face the situation more bravely to save themselves.

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. (2013), “Protect your image, not the image destroyer”, 3^rd September,2013, published in http://debaraticyberspace.blogspot.com/