Tag: cybercrimes against women

Gender and Internet : Web magazine for Cyber law for women News update for February 17-March 16, 2020

Case against man in Scotland who had alleged to have sent naked videos of himself and contents showcasing sexual acts performed by himself to woman, gets deserted, prosecution comes to an end without the facts being determined and he is allowed to walk free because witnesses for the prosecution failed to depose.
https://www.thesouthernreporter.co.uk/news/crime/case-deserted-against-hawick-51-year-old-accused-sending-woman-videos-himself-performing-sex-act-1887132

Bangalore court rejects bail petition of Nigerian man who had duped 44 women he met on marriage portal
https://timesofindia.indiatimes.com/city/bengaluru/bengaluru-nigerian-accused-of-cheating-44-women-denied-bail/articleshow/74296918.cms

Man joins Whatsapp group in India, post data mining, gets number of target female victim and allegedly continues to send sexually harassing contents in Hyderabad, India and gets arrested.
https://www.newindianexpress.com/cities/hyderabad/2020/feb/26/tamil-nadu-man-harasses-woman-in-hyderabad-held-2108542.html

US woman ends relationship with a Dubai based Egyptian, sends strong mail against the later’s online abuses including sending her pornographic images of himself, sexually explicit images and texts via messages : resultant, the woman is charged with slander as per the UAE laws and arrested.
https://www.independent.co.uk/news/world/middle-east/melissa-mcburnie-arrest-uae-strong-language-explicit-messages-us-national-a9367381.html?fbclid=IwAR3d5kgmNJWK0yGKVaL08O96JuO_RCM_xSkieZZxNgGnvFIz-E5tnFE9y9E

Pornhub, world’s biggest porn site fails several victims of rape, revenge porn and nonconsensual porn in its practice of due diligence. Activists and stakeholders point out that thousands of rape, sexual assault videos are consumed over this platform.
https://www.theguardian.com/global-development/2020/mar/09/worlds-biggest-porn-site-under-fire-over-videos-pornhub?CMP=share_btn_fb&fbclid=IwAR0llaaHI65m5K9zECr3XYAmRD_ZHzUFyM1YY8WOT6-gAs9JcFWwPlYxFyI

Dating apps are used by men to rob, sexually assault women in real life in the US
https://www.wusa9.com/article/news/local/maryland/masked-men-posing-as-women-on-dating-apps-to-assault-victims/65-32860767-6a58-4220-ad84-bbe8d42d934b

3 women get prison sentences and order for hefty payment for live streaming of child abuse in lieu of money from regional trial court in Lapu Lapu in Philippines.
https://cebudailynews.inquirer.net/289203/3-mothers-from-lapu-lapu-city-plead-guilty-to-online-trafficking-charges

Gender and Internet : Web magazine for Cyber law for women News update for January 27th-February 9, 2020

In a first, Madras High Court refuses to quash a case against Airtel as a service provider and directs the trial court to conduct trial for finding out liability of the service provider for continuous sending of unwanted messages of sexual nature to an Airtel subscriber.
https://timesofindia.indiatimes.com/city/chennai/obscene-messages-airtel-to-face-trial-as-hc-refuses-to-quash-case/articleshow/73944935.cms

Basildon Crown Court, UK awards 32 months jail sentence to man who hacked into iCloud and leaked private images of women and girls online. The prison sentence is awarded in relation to 12 computer misuse offences, nine counts of voyeurism and five counts of taking indecent images of children.
https://digit.fyi/suffolk-man-jailed-for-hacking-icloud-and-sharing-indecent-images-online/

Saudi divorced woman arrested for ‘indecent’ posts on social media which includes encouraging women to leave their husband when certain demands are not fulfilled, hosting matchmaking, showcasing women dancing and smoking in public. The activities have been considered as criminal activities as per Saudi laws.
https://stepfeed.com/saudi-woman-arrested-for-posting-illicit-content-on-snapchat-8974

Two men from a reputed family in West Bengal target 182 women by way of stalking, hacking, voyeurism etc. Police arrests the offenders under several provisions of Indian Penal Code, Information Technology Act
https://news.abplive.com/tv-show/sansani/kolkata-men-arrested-for-blackmailing-182-women-sansani-1155439


Woman CEO receives constant vulgar messages from fake email ids. Accused arrested for cyber stalking in India
https://www.deccanchronicle.com/nation/current-affairs/080220/saree-designer-cyberstalks-woman-ceo-arrested.html

Gender and Internet : Web magazine for Cyber law for women News update for January 20th-26th January, 2020

German court rules that Facebook has further violated the data protection law primarily for default setups which allow location tracking and sharing the link of the users’ profiles with the search engines. Women and children face more privacy related threats due to such setups.
https://www.politico.eu/article/facebook-violates-data-protection-law-german-court-says/?fbclid=IwAR1nEqmIS-JrHeYvPXmtY3DUh-Xy1sWQ_sTwUoKuOzN5WqB0hMRT1mEa93k

Indian women politicians are being harassed by Troll armies and deep fake porn on Twitter.
https://amp.cnn.com/cnn/2020/01/22/india/india-women-politicians-trolling-amnesty-asequals-intl/index.html?__twitter_impression=true&fbclid=IwAR3nDIPebX-UsVV99pl3jnIU6dJuuN6KphxaZfldfk2oh2NhQ8DdQhACDZ4

Pune man hacked into the social media profile of teen girl to create fake account and spread obscene messages impostering the victim. The accused gets arrested under provisions of Indian Penal Code and Information Technology Act, 2000(amended in 2008).
https://timesofindia.indiatimes.com/city/pune/man-creates-teens-fake-profile-online-shares-her-morphed-pics/articleshow/73562885.cms

Video of young female college students drinking alcohol in a house party in Tamil Nadu becomes viral and the women attract moral policing and trolling on social media : the girls are suspended from the college. Stakeholders caution that lack of laws for addressing trolling, cyber shaming women may ruin reputation and lives of women in India
https://www.newindianexpress.com/states/tamil-nadu/2020/jan/26/error-404-your-profile-is-now-morally-webbed-2094622.html

stakeholders raise concern faster online grooming of girls whereby young girls are made to expose for pedophiles within minutes. Young girls are falling victims of child sexual abuse by way of self generated images especially in the Live Streaming websites for more ‘likes’for their images.
https://www.independent.co.uk/news/uk/home-news/girl-grooming-child-sex-abuse-livestreaming-internet-watch-a9300946.html?fbclid=IwAR2CdfGWM_-6zQUdZZ55eyUEgeIkJxcF2b76-7rrMICz2oJV-1n9g-4K0FM

Gender and Internet : Web magazine for Cyber law for women News update for January 1st-6th, 2020

Model tries to raise donation for Australian Bush fire by promising to share her nude pictures to those who would donate some money. But things do not turn up as expected, her nude pictures gets unauthoirsedly and freely distributed and her Instagram account gets deactivated allegedly because she has violated the policy norms.
https://indianexpress.com/article/trending/trending-globally/model-raises-100000-for-australian-bushfire-victims-by-sending-nudes-for-donations-6201996/

US judge awards huge damages to women victims against a specific porn website. The victims did not know that their images which were made in the name of modeling, were uploaded in the porn sites.
https://www.theguardian.com/us-news/2020/jan/03/girlsdoporn-site-pay-127m-women-didnt-know-videos-posted?CMP=share_btn_fb&fbclid=IwAR0jryZJ6GcQTidjsmARU46_WLRCZjnufAZlyaHuJV9WZc63VQBmWjDdHd4

Fresh Cambridge Analytica case shows more data breach
https://www.theguardian.com/uk-news/2020/jan/04/cambridge-analytica-data-leak-global-election-manipulation?CMP=share_btn_fb&fbclid=IwAR3IztXEHqQi3epuA5egPIzPezFt6rEJeUH0ty15GkJU4-L-mIT1Ev4eL5w

Colleges are using smart phones of students for surveillance purposes in the US
https://www.washingtonpost.com/technology/2019/12/24/colleges-are-turning-students-phones-into-surveillance-machines-tracking-locations-hundreds-thousands/?fbclid=IwAR0e-EQerbXhrek_imW0wue8a12R3XWbZJRCGDKjmFqIcDSir7tvxJY9Nj0

Gender and Internet : Web magazine for Cyber law for women News update for December 23-31, 2019

Mentally challenged woman is forced to perform marriage with another mentally challenged man in public for content making by TikTok users. No one arrested as police reported that no one has made any complaint.
https://www.indiatoday.in/crime/story/tiktok-video-mentally-challenged-man-woman-forced-to-marry-1631769-2019-12-26?fbclid=IwAR2-QPjeR4Xjari118GQzrSJjyRiCmui9haPeAYIb2J_esulBwRTD4dSH2U

US courts to consider whether revenge porn laws are violative of 1st Amendment Rights
https://www.washingtonpost.com/nation/2019/12/26/is-revenge-porn-protected-speech-supreme-court-may-soon-weigh/?fbclid=IwAR1PyhKigsoEoNg-q2vTk5jLLEA9ps5RauEcFKh2KIPGsLTRD37MNxuRN3o

Man arrested for creating fake profile of women to offer online sex services in Mumbai, India
https://www.mid-day.com/articles/mumbai-crime-man-arrested-for-operating-fake-facebook-profiles-of-women/22357159

Singapore is making doxxing a criminal offence from January, 2020
https://www.theonlinecitizen.com/2019/12/28/doxxing-to-be-criminalised-from-1-jan-2020-along-with-other-new-offences-via-amendments-to-penal-code-and-other-legislation/

Man arrested in Hyderabad, India for sextortion of minor girl whom he contacted while playing PUBG
https://telanganatoday.com/man-arrested-in-hyderabad-for-blackmailing-minor-girl

Gender and Internet : Web magazine for Cyber Law for women News Update for November 1st-25th, 2019

#endviolenceagainstwomen
https://medium.com/@UN_Women/when-it-comes-to-consent-there-are-no-blurred-lines-1dfd02cebe1

Iraqi women suffer cyber violence against women including sextortion, revenge porn, gender bullying and trolling, stalking etc as there are apparently no law to deter such offences and courts are not yet accustomed to see online crimes against women
https://www.news18.com/news/world/revenge-porn-sextortion-spreads-in-iraq-as-fear-of-honour-killing-death-sentence-daunt-women-2393499.html

New York Mother of female toddler born with Harlequin Ichthyosis, who tries to educate people through online platforms including Facebook, Instagram etc, gets severely bullied and harassed by another woman for a over an year. The harasser is now arrested.
https://kfiam640.iheart.com/content/2019-11-10-long-island-woman-arrested-for-cyber-bullying-toddler-with-rare-disorder/?fbclid=IwAR07iXTvo5xvcwggS-bY1tq3MiLfkdfhSy0EGzZiJ_eb2OhrqMVfg4fp3jE

Check old devices before selling/handing them over : Pakistani model/singer suffers privacy infringement as her private videos get leaked allegedly when she sold her old mobile phone device. Her nude images land in international porn sites.
https://www.desiblitz.com/content/pakistan-model-samara-chaudhrys-private-videos-leaked

Teen girls suffer silently as intermediaries have no answer against continued online sexual abuse of girls carried on through online platforms.
https://www.nytimes.com/interactive/2019/11/09/us/internet-child-sex-abuse.html?smid=fb-share&fbclid=IwAR0PldPtMV_qe-IAKzFx6xfhhV6n6_OtRndIlf0yAAm4ZKRPpf_ssNN-fa4&mtrref=www.facebook.com&gwh=AB89B80FF8D1630E35B974D77DE83488&gwt=pay&assetType=REGIWALL

Dublin man who withdrew from outside world and became a vigorous troll, gets jail term for 3 years for stalking and trolling 6 women who were journalists, authors. Prosecution and the court emphasized need for rehabilitation of the troll.
https://www.rte.ie/news/courts/2019/1114/1090892-harassment-case/

After pilots turning into peeping toms in the lavatory of aircraft, it is now a male nurse in Malta who was caught by the police for similar offence: female medical professionals become victim of voyeurism and privacy infringement resulting in creation of non consensual porn materials due to spycam installed in the washroom by male nurse.
https://www.maltatoday.com.mt/news/court_and_police/98580/nurse_who_spied_on_women_with_bathroom_cam_gets_threeyear_probation_and_5500_fine_#.XdvUougzZPY

Online job offers are not always legal especially for women: woman admits of being in a paid job which includes online sexual abuse of teens through Skype. She is charged with four counts for sexual abuse of children in UK.
https://www.unionjournalism.com/2019/11/11/uk-woman-was-paid-to-sexually-abuse-teen-girl-for-3-years-through-video-call-she-now-admits-of-her-crime/

YouTube, YouTubers and violation of privacy of women and children: The drama unfolds by Dr.Debarati Halder

picture credit : Internet

In recent years YouTube has won millions of hearts in India as a social media platform especially among women. This is because unlike other social media websites, YouTube has provided a platform to earn money based upon views and subscribers. Contents uploaded by users may be varied: it can be home decor, power point presentations of simplified versions of undergraduate subjects, subject lectures by professional teachers or amateur subject experts, cooking recipes, Do It Yourself (DIYs), home organisations, daily routines of home makers, technological solutions, how to do stuffs etc . Several women have used YouTube to earn money generated through the revenue that YouTube promises once the user can reach some criteria like getting 1000 subscribers or 4000 watch hours etc. [1] YouTube however would not lead the user to create contents that may earn more watch hours or subscribers. Users may go for market survey to understand which sorts of videos may attract more views, ,more subscribers etc. mostly new users including men and women may try to create videos on anything that they feel proper to share to the world. YouGTube , like Facebook and Instagram has features for allowing users to create videos for private sharing. This enables the users to share the video which may be watched only by those whom the creator chooses. The users may however go for wide circulation of their contents by not only making the videos public, but also by going live  whereby the users may directly communicate with their subscribers or may share information while live.  Even though going Live may be a feature specifically for improving the relationship between the user and his/her subscribers, live videos can be watched by the world wide audience even if they are not subscribers to that particular user.   Here, YouTube may not play a vital role to restrict uploading and sharing the contents unless the subscribers or  viewers may flag the content as inappropriate.  In short, YouTube may actually provide a wide platform to share anything including bullying videos, mashed up videos, child and woman abuse videos, birthing videos, adult sexual interaction videos and so on. While the adult sexual videos and birthing videos may not be universally accessible unless the user logs in to his/her YouTube accounts, other sorts of videos are accessible to all irrespective of age. YouTube however uses the due diligence clause to escape from any third party liability by providing notification which restricts children from viewing adult sexual contents or violent contents which may traumatise children. Hardly this  has any practical implication because children may access these videos by using email ids which may be created on the basis of fake age , or may even log in through their parents’ or friends’ email /YouTube ids.

My attention here is however attracted to the contents shared by YouTubers: I have been an avid watcher of YouTube since many years now. I have been following the changing trends of users in uploading the contents. Earlier it was more on creating mashed up videos which may have the potentials of violating the copyrights. Such videos have also been silently encouraged by actors, singers and producers because these actually publicise their work even though it may violate the laws. [2] But slowly, the content creators, especially women started becoming reviewers of products on YouTube as well. This included using of cosmetics, kitchen wares organisers etc that may be shown in the daily routine videos, home organisation videos or make up tutorials.[3]   Users not only get views and subscribers as may be needed for fulfilling the YouTube monetising criteria, they may also be connected with the brands manufacturing the products or dealers of the products who may wish to showcase their products through these non-professional videos. Several urban and rural women home makers have actually benefitted from this: consider Youtubers like Radhika Real Vlogs,[4] or simplelivingwithringlejain[5] who may be rural homemakers, but may have made a moderate to comfortable living because of their YouTube videos advertising about different brands including retailer brands.  Nonetheless, these YouTubers may also be victims of bullying and trolling for the quality of their videos, their pronunciation, lifestyle and even house decorations.

While these women may have made a landmark professional/personal achievement because of YouTube, they may unknowingly violate privacy of their own children or even spouses or other family members as they may be showing and informing the worldwide audience about their family members who may not may consent for such wide distribution of images of themselves. These YouTube videos may also be the subject matter of bullying and ridiculing the children of such YouTubers since these may stay on worldwide web for long time. YouTube videos may also create severe domestic violence for several reasons which include live fights between spouses which may be captured by third party YouTubers for fun and uploaded and circulated for getting more views; or airing of grievances by women YouTubers against the other spouses, without knowing the far-reaching consequences etc. These videos may attract huge views and opinions, comments in the nature of cyber bullying and also trolling targeting the YouTuber concerned or supporters of the same. Consider the case of two specific youtubers from Delhi, who are spouses in real life : the wife is a senior YouTuber whereas the husband is a recent Youtuber: They had severe altercations and started living apart. But this was not enough: both used YouTube to throw insults and humiliating words to each other and their teen daughter was allegedly dragged in between. The recent reports suggested that the teenager girl who  was staying with her father for couple of months after the separation, was beaten by the latter while on live and her t-shirt was torn in a manner which would show her inner wares.[6] The girl was beaten because she wanted to visit her mother. This video became viral as several supporters of the wife started showing the clippings through their own channels. Some had also informed ChildLine and the police who had rescued the teenager and sent her to her maternal grandmother.[7]  There are several other YouTubers who started discussing about incident using the profile name of the husband wife duo.[8] While the news report published in the local news media suggested that the teenager was often beaten by both the parents when they were drunk and she was forced to come on live which she refused many times, the news clipping did not mention about the name of the girl and that of her parents as S.74 of the Juvenile Justice Care and protection Act, 2015 prohibits publication of the identity of the child in need of care and protection or child in conflict with law. The provision reads as below:

S.74. Prohibition of publication of name, etc., of juvenile in conflict with law or child in need of care and protection involved in any proceeding under the Act.-1. No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child nor shall any picture of any such juvenile or child be published: Provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. 2. Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees.

Now, let us understand the scope of this provision in the light of this particular case: the first subsection prohibits any report including news report, inquiry etc from disclosing the name, information etc of the concerned child. The second proviso extends the scope to ‘anyone’ who may contravene the prohibitory scope of S.74. Seen from the perspective of electronic media and the concept of citizen journalism, which gives every one right to share information, the term ‘anyone’ may literally include anyone including the good Samaritans who may have wanted to alert the concerned authorities, share their opinion against such acts of women and child abuse. Further, note the words “any other particulars calculated to lead to the identification of the juvenile or child nor shall any picture of any such juvenile or child be published” mentioned in the first sub clause. This may include the name of the concerned child and names of the parents. But apparently, this provision became a just a paper tiger in this case because those who had watched or subscribed to the videos of the couple had already known about the identity of the teenager because of the daily Lives put up by the parents and discussion about the girl in the videos posted by them. If one visits the comment section of the recent videos of both the parents in the recent past, it would be seen that commenters have taken the name of the girl, asked about her whereabouts and in some cases, some had also suggested about her changed behaviour after she had stayed with her respective parents separately. Nothing is confidential for those thousands of worldwide audiences now who had watched the parents daily and who had also witnessed the Live video where the girl was beaten up by the father.  In spite of repeated request by the mother of the girl, several YouTubers still did not take down videos mentioning about the name of the father (which broadly falls within the meaning of “any other particulars calculated to lead to the identification of the juvenile or child”) when this writeup was published. While the Juvenile Justice Care and Protection and Act provides a base rule, the concerned YouTubers may not be held solely responsible because the parents already violated the privacy of the teenager and encouraged thousands to watch the couple fight which had every potential to attract penal provisions for using words etc for harming the modesty of the wife under S.509 Indian Penal Code as well as defamation of both the wife and the husband under Sections 499 and 500 of the Indian Penal Code. YouTube on the other hand has not taken down the videos of either of the spouses or that of the other YouTubers  which may showcase the names of the parents and the child because it is guided by First Amendment of the US which may hardly be affected unless YouTube has been approached to take the videos down by concerned stakeholders.  

It is now a typical love triangle of three parties : YouTube, which is loved by all for providing such an open platform for airing opinions and consumption of real life family dramas, the YouTubers who may expect to get support, views, popularity and money because of participating in the trolling and independent discussions on such issues which may rip open privacy of general individuals including children and criminal justice machinery, most of whom may never know how to manage legalities of YouTube videos because they are completely ignorant of this new type of electronic media.  

But this is not a unique incident that attracts the attention of legal researchers, especially privacy law and speech law researchers. YouTubers, especially women YouTubers continue to violate privacy knowingly or unknowingly and provide more opportunity to trolls, bullies and offline perpetrators to victimise them because they may not be aware about the netiquettes of YouTube. Time has come that YouTube users become cautious of the contents uploaded by them and legalities attached with such uploading and sharing. In this festive season YouTube content uploading and sharing may have seen a steep rise. But it is upon YouTubers to control what must be shared and may not.

YouTube is more powerful than televisions, more demanded than movies and more devastating than what is generally apprehended.

Please note: Do not violate copyright of this blog. If you would like to use information provided in this blog for your own assignment/writeup/project/blog/article. This was first published in https://debaraticyberspace.blogspot.com/2019/10/youtube-youtubers-and-violation-of.html Please cite it as “Halder D. (2019), ” YouTube, YouTubers and violation of privacy of women and children: The drama unfolds” Published in https://debaraticyberspace.blogspot.com/2019/10/youtube-youtubers-and-violation-of.htm on 28-10-2019, reshared @https://internetlegalstudies.com/2019/10/28/youtube-youtubers-and-violation-of-privacy-of-women-and-children-the-drama-unfolds-by-dr-debarati-halder/


[1] For  more, see https://support.google.com/youtube/answer/72851

[2] For example see Halder D., & Jaishankar K. (2016) Celebrities and Cyber Crimes: An Analysis of the Victimization of Female Film Stars on the Internet. Temida – The journal on victimization, human rights and gender. 19(3-4), 355-372

[3] For example see https://www.youtube.com/watch?v=52c7V2yeRlo  , https://www.youtube.com/watch?v=wYdX1uZe1FM  , https://www.youtube.com/watch?v=3yuvcKc30ss https://www.youtube.com/watch?v=IdA6BZJvaEU etc.

[4] https://www.youtube.com/watch?v=bkcMmd-b1-Y

[5] https://www.youtube.com/watch?v=6Po5tE2qKxM

[6] See for better understanding of the case in https://www.amarujala.com/delhi-ncr/faridabad/drunk-parents-beat-student-faridabad-news-noi468791969

[7] See https://www.youtube.com/watch?v=LNG3lousHu4&t=167s where the Youtuber had informed that she called the police to report the video and provided the link of the media report of the incident.

[8] For example, see https://www.youtube.com/watch?v=xWS8FAa-MC4&t=48s . https://www.youtube.com/watch?v=MdrSLYGOTpE&t=14s

YouTube, YouTubers and violation of privacy of women and children: The drama unfolds

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER





In recent years YouTube has won millions of hearts in India as a social media platform especially among women. This is because unlike other social media websites, YouTube has provided a platform to earn money based upon views and subscribers. Contents uploaded by users may be varied: it can be home decor, power point presentations of simplified versions of undergraduate subjects, subject lectures by professional teachers or amateur subject experts, cooking recipes, Do It Yourself (DIYs), home organisations, daily routines of home makers, technological solutions, how to do stuffs etc . Several women have used YouTube to earn money generated through the revenue that YouTube promises once the user can reach some criteria like getting 1000 subscribers or 4000 watch hours etc. [1]YouTube however would not lead the user to create contents that may earn more watch hours or subscribers. Users may go for market survey to understand which sorts of videos may attract more views, ,more subscribers etc. mostly new users including men and women may try to create videos on anything that they feel proper to share to the world. YouGTube , like Facebook and Instagram has features for allowing users to create videos for private sharing. This enables the users to share the video which may be watched only by those whom the creator chooses. The users may however go for wide circulation of their contents by not only making the videos public, but also by going live  whereby the users may directly communicate with their subscribers or may share information while live.  Even though going Live may be a feature specifically for improving the relationship between the user and his/her subscribers, live videos can be watched by the world wide audience even if they are not subscribers to that particular user.   Here, YouTube may not play a vital role to restrict uploading and sharing the contents unless the subscribers or  viewers may flag the content as inappropriate.  In short, YouTube may actually provide a wide platform to share anything including bullying videos, mashed up videos, child and woman abuse videos, birthing videos, adult sexual interaction videos and so on. While the adult sexual videos and birthing videos may not be universally accessible unless the user logs in to his/her YouTube accounts, other sorts of videos are accessible to all irrespective of age. YouTube however uses the due diligence clause to escape from any third party liability by providing notification which restricts children from viewing adult sexual contents or violent contents which may traumatise children. Hardly this  has any practical implication because children may access these videos by using email ids which may be created on the basis of fake age , or may even log in through their parents’ or friends’ email /YouTube ids.
My attention here is however attracted to the contents shared by YouTubers: I have been an avid watcher of YouTube since many years now. I have been following the changing trends of users in uploading the contents. Earlier it was more on creating mashed up videos which may have the potentials of violating the copyrights. Such videos have also been silently encouraged by actors, singers and producers because these actually publicize their work even though it may violate the laws. [2]But slowly, the content creators, especially women started becoming reviewers of products on YouTube as well. This included using of cosmetics, kitchen wares organisers etc that may be shown in the daily routine videos, home organisation videos or make up tutorials.[3]  Users not only get views and subscribers as may be needed for fulfilling the YouTube monetising criteria, they may also be connected with the brands manufacturing the products or dealers of the products who may wish to showcase their products through these non-professional videos. Several urban and rural women home makers have actually benefitted from this: consider Youtubers like Radhika Real Vlogs,[4]or simplelivingwithringlejain[5]who may be rural homemakers, but may have made a moderate to comfortable living because of their YouTube videos advertising about different brands including retailer brands.  Nonetheless, these YouTubers may also be victims of bullying and trolling for the quality of their videos, their pronunciation, lifestyle and even house decorations.
While these women may have made a landmark professional/personal achievement because of YouTube, they may unknowingly violate privacy of their own children or even spouses or other family members as they may be showing and informing the worldwide audience about their family members who may not may consent for such wide distribution of images of themselves. These YouTube videos may also be the subject matter of bullying and ridiculing the children of such YouTubers since these may stay on worldwide web for long time. YouTube videos may also create severe domestic violence for several reasons which include live fights between spouses which may be captured by third party YouTubers for fun and uploaded and circulated for getting more views; or airing of grievances by women YouTubers against the other spouses, without knowing the far-reaching consequences etc. These videos may attract huge views and opinions, comments in the nature of cyber bullying and also trolling targeting the YouTuber concerned or supporters of the same. Consider the case of two specific Youtubers from Delhi, who are spouses in real life : the wife is a senior YouTuber whereas the husband is a recent Youtuber: They had severe altercations and started living apart. But this was not enough: both used YouTube to throw insults and humiliating words to each other and their teen daughter was allegedly dragged in between. The recent reports suggested that the teenager girl who  was staying with her father for couple of months after the separation, was beaten by the latter while on live and her t-shirt was torn in a manner which would show her inner wares.[6]The girl was beaten because she wanted to visit her mother. This video became viral as several supporters of the wife started showing the clippings through their own channels. Some had also informed ChildLine and the police who had rescued the teenager and sent her to her maternal grandmother.[7] There are several other YouTubers who started discussing about incident using the profile name of the husband wife duo.[8]While the news report published in the local news media suggested that the teenager was often beaten by both the parents when they were drunk and she was forced to come on live which she refused many times, the news clipping did not mention about the name of the girl and that of her parents as S.21 of the Juvenile Justice Care and protection Act, 2015 prohibits publication of the identity of the child in need of care and protection or child in conflict with law. The provision reads as below:
S.21. Prohibition of publication of name, etc., of juvenile in conflict with law or child in need of care and protection involved in any proceeding under the Act.-1. No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child nor shall any picture of any such juvenile or child be published: Provided that for reasons to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. 2. Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees.
Now, let us understand the scope of this provision in the light of this particular case: the first subsection prohibits any report including news report, inquiry etc from disclosing the name, information etc of the concerned child. The second proviso extends the scope to ‘anyone’ who may contravene the prohibitory scope of S.21. Seen from the perspective of electronic media and the concept of citizen journalism, which gives every one right to share information, the term ‘anyone’ may literally include anyone including the good Samaritans who may have wanted to alert the concerned authorities, share their opinion against such acts of women and child abuse. Further, note the words “any other particulars calculated to lead to the identification of the juvenile or child nor shall any picture of any such juvenile or child be published” mentioned in the first sub clause. This may include the name of the concerned child and names of the parents. But apparently, this provision became a just a paper tiger in this case because those who had watched or subscribed to the videos of the couple had already known about the identity of the teenager because of the daily Lives put up by the parents and discussion about the girl in the videos posted by them. If one visits the comment section of the recent videos of both the parents in the recent past, it would be seen that commenters have taken the name of the girl, asked about her whereabouts and in some cases, some had also suggested about her changed behaviour after she had stayed with her respective parents separately. Nothing is confidential for those thousands of worldwide audiences now who had watched the parents daily and who had also witnessed the Live video where the girl was beaten up by the father.  In spite of repeated request by the mother of the girl, several YouTubers still did not take down videos mentioning about the name of the father (which broadly falls within the meaning of “any other particulars calculated to lead to the identification of the juvenile or child”) when this writeup was published. While the Juvenile Justice Care and Protection and Act provides a base rule, the concerned YouTubers may not be held solely responsible because the parents already violated the privacy of the teenager and encouraged thousands to watch the couple fight which had every potential to attract penal provisions for using words etc for harming the modesty of the wife under S.509 Indian Penal Code as well as defamation of both the wife and the husband under Sections 499 and 500 of the Indian Penal Code. YouTube on the other hand has not taken down the videos of either of the spouses or that of the other YouTubers  which may showcase the names of the parents and the child because it is guided by First Amendment of the US which may hardly be affected unless YouTube has been approached to take the videos down by concerned stakeholders.  
It is now a typical love triangle of three parties : YouTube, which is loved by all for providing such an open platform for airing opinions and consumption of real life family dramas, the YouTubers who may expect to get support, views, popularity and money because of participating in the trolling and independent discussions on such issues which may rip open privacy of general individuals including children and criminal justice machinery, most of whom may never know how to manage legalities of YouTube videos because they are completely ignorant of this new type of electronic media.  
But this is not a unique incident that attracts the attention of legal researchers, especially privacy law and speech law researchers. YouTubers, especially women YouTubers continue to violate privacy knowingly or unknowingly and provide more opportunity to trolls, bullies and offline perpetrators to victimise them because they may not be aware about the netiquettes of YouTube. Time has come that YouTube users become cautious of the contents uploaded by them and legalities attached with such uploading and sharing. In this festive season YouTube content uploading and sharing may have seen a steep rise. But it is upon YouTubers to control what must be shared and may not.
YouTube is more powerful than televisions, more demanded than movies and more devastating than what is generally apprehended.
Please note: Do not violate copyright of this blog. If you would like to use information provided in this blog for your own assignment/writeup/project/blog/article, please cite it as “Halder D. (2019), \” YouTube, YouTubers and violation of privacy of women and children: The drama unfolds” Published in http://debaraticyberspace.blogspot.comon 28-10-2019


[2] For example see Halder D., & Jaishankar K. (2016) Celebrities and Cyber Crimes: An Analysis of the Victimization of Female Film Stars on the Internet. Temida – The journal on victimization, human rights and gender. 19(3-4), 355-372
[7] See https://www.youtube.com/watch?v=LNG3lousHu4&t=167swhere the Youtuber had informed that she called the police to report the video and provided the link of the media report of the incident.

Gender and Internet : Web magazine for Cyber law for women News update for September 25-30, 2019

Woman MP stresses on privacy and tracability of criminals on cyber space especially in regard to social media : Court in India emphasizes more on privacy rights
https://www.livelaw.in/news-updates/mp-mahua-moitra-intervenes-in-whatsapp-traceability-case-in-madras-hc-148662

Accused persons still play dominance over the victim even after filing FIR regarding online harassment. Woman takes it to National Commission for Women. Complains about poor execution of laws
https://www.opindia.com/2019/09/girl-complains-about-online-sexual-harassment-by-a-group-of-men-ncw-steps-in-to-help/

Porn sites are back in India despite the ban on porn channels by Department of Telecommunications. Cyber law experts show concern over cyber security.
https://www.nationalheraldindia.com/india/despite-ban-porn-sites-back-by-tweaking-their-portal-names

Revenge Porn victims share unending victimization saga as laws fail to stop surfacing of revenge porn materials on the world wide web after years.
https://www.theguardian.com/lifeandstyle/2019/sep/22/theres-no-end-and-no-escape-you-feel-so-so-exposed-life-as-a-victim-of-revenge-porn?CMP=Share_iOSApp_Other&fbclid=IwAR3H_g_broU68-WR-r6iBAII7g__FBaWIVcbgdmxafpeGgS1ffW8Dpj1Iok

3 ways how Artificial Intelligence may make women land in trouble

CYBER CRIME AGAINST WOMEN BY DEBARATI HALDER

Image result for artificial intelligence free images

Image curtsy : Google 

Information communication technology and digital communication technology have opened up new vistas for human relationships. The innovative technology with the help of Artifical Intelligence (AI) can now read minds,[1] predict illness,[2] predict crime occurrence,[3]enhance the professional and social network, and help in better analytical understanding of subjects. But it can also leave devastating impacts on human life. It can alter the data (including personal data), harm social reputation and can even instigate victims to take extreme steps like committing suicide.[4]All these may be done by positive and negative usage   of artificial intelligence which plays the base role for empowering Apps which in turn may be used for positive and negative usages.  Artificial Intelligence (AI) has been used by web companies like Facebook for facial recognition of users earlier. AI has also been used for companies (other than web companies) for processing employee data. In short, AI has been used to access private information of individuals either consensually or without consent. Here are three ways as how AI may create an uncomfortable situation for women specifically in India :
1.    Facial Recognition Apps and harassment of women: Remember the time when Facebook suddenly started asking for nude photos individuals for upgrading their own safety system apparently for providing safety mechanisms for subscribers?[5] This project was intended to build up a safety mechanism against revenge porn with the help of Artificial Intelligence. Facebook wanted to empower their subscribers, especially women to report revenge porn. But before that, the company wanted to ensure that the revenge porn content showcased the image that belonged to the victim specifically. The facial recognition app, the skin texture, hair color, biometric recognition technology would be matching both the images (the nude picture of the victim and the revenge porn content created by the perpetrator) and would be identifying the revenge porn content as illegal. But this project received stern objections because there were more possibilities of misuse of nude photos than positive use of the same. Facebook -Cambridge analytica case did prove that nothing is impossible when it comes to preservation of data by body-corporates and data of individuals is always profitable and the security of the  same is vulnerable. But this may not seem to be as dangerous as misuse of Face App may seem to be . FaceApp is basically used to change the face structure of the person whose photograph would be used in this App. It can change the texture of the skin and density of hair including facial hair.  In July, 2019, FaceApp became the center of concern for Indian cyber security stakeholders especially when several celebrities started using FaceApp and started showcasing their changed faces on Instagram.   While FaceApp was basically being used for fun purposes, it may also throw challenges for data safety and security of person concerned. FaceApp helps to change the structure of faces. But we should not forget that the altered facial image can be saved in devices and cloud of different individuals. This altered image may be used for several illegal activities. Predators may unauthorizedly access the social media profiles and change facial images of the victims to create fake profiles; they may also use such images to create a completely new impersonating profile to harass women. Altered facial images of women may also be used for revenge purposes especially when the victim is looking for opportunities in the entertainment or advertisement sector where her appearance may be considered as her biggest asset. Apart from this, FaceApp may be used to attract bullies and trolls to intensify victimization of women.
2.    Bringing back the memory: No one, but the web companies clearly remember what we posted in last summer. Every day social media companies would show what was posted by the user a year back or a couple of years back and would gently remind the user that he/she can share the said post as a memory. How does it happen? The web companies look for algorithm and the highest likes and comments for posts on daily or even hourly basis. When the posts earn more likes and comments, the AI decides to bring it forth. In certain situations, such refreshing of memories might not be ‘wanted’ at all especially when the victim might had a bitter ending of the relationship with persons in the said image or the text in question may no longer evoke good memories, but rather traumatize the victim more. But machine intelligence does not fail the company: it is a matter of consent and choice after all. But consider if the account is unauthorizedly accessed: the hacker may get to know something from the past which the victim may never wanted the hacker to know.
3.    Reminding the user about best low prices : AI runs over the internet like blood vessels carrying oxygen all over the body. When a user decides to compare prices of any product or services, AI helps to share the same almost always on any platform the user would be visiting. It might be extremely embarrassing for any woman if such searches start showing results when she is surfing the social media or even the search engine with a friend or another individual. Nothing is left by the AI from prices of lipsticks, hotels at cheaper rate, flight details to last watched videos on how to conceive. This might also make women face discrimination, office bullying and harassment due to several reasons.
These are but some of the many ways as how AI may make women to land in trouble. AI is necessarily connected with data privacy protection policies of web companies. The EU General Data Protection Regulation, 2018 provides that personal data may not be processed without the consent of the owner of the data.[6]But in this case, there can be legal tangles as web companies may  claim that they do not breach the data confidentiality or transfer the data to any other jurisdiction, neither they process the data without proper authorization. Here, multiple stakeholders may be involved which may include the original owner of the content or the picture which may have been processed for the purpose of harassment : the perpetrator, who may have carried out changes on the data using the AI supported Apps, perpetrators who may have unauthorizedly  stored the altered contents, picture or information or may have used the altered information, picture for creating impersonating profile etc. As per Indian legal understanding, altering, modifying etc of contents/ information/ image /images without proper authorization of the original owner of the  information etc may attract penal provisions under the Information Technology Act, 2000 (amended in 2008): these provisions may include Ss 43 (Penalty and compensation for damage to computer, computer system etc, ), 66 (computer related offences, 66C (punishment for identity theft) and 66D (punishment by cheating by impersonation by using computer resource etc. This may also attract penal provisions for Copy Right violation as well. Further, the web companies may be narrowly be liable for protecting data properly under several provisions including S.43A which speaks about body corporates liability to protect data. But irrespective of existing provisions, web companies may always escape the clutches of law due to due diligence clause and on the question of consent expressly or impliedly provided by the woman victim concerned. In the EU, courts are becoming more and more concerned about policy violations by web companies to fool the users. In India too, the courts must throw light on the web companies responsibility as data repository. Regulations like Data protection Bill, 2018 must be considered with utmost care. These may have the key to solve problems of online victimization of women.
Also, women users need to be extremely cautious about machine intelligence. Awareness must be spread about how the hidden ‘safety valves’ of the web companies (which may actually make the web companies more powerful against claims of lack of due diligence) may be used properly.  
 Please do not violate the copy right of this blog. If you need to use this blog for your writeup/assignment/project , then please cite it as Halder Debarati(2019) 3 ways how Artificial Intelligence may make women land in trouble. Published in in http://debaraticyberspace.blogspot.com

2019


[1] For example, see Nosta John (2019) A.I. Can Now Read Your Thoughts—And Turn Them Into Words and Images. Published @ https://fortune.com/2019/05/07/artificial-intelligence-mind-reading-technology/ on May 7, 2019
[2]For example, see PTI (2019), These AI tools can predict early death risk due to chronic diseases
Published @//economictimes.indiatimes.com/articleshow/68611835.cms?from=mdr&utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst on March 28, 2019
[4]Halder D., & Jaishankar, K (2016.) Cyber crimes against women in India.
New Delhi: SAGE Publications. ISBN: 9789385985775
[5]See for example Solon Olivia (2017) Facebook asks users for nude photos in project to combat \’revenge porn\’. Published in https://www.theguardian.com/technology/2017/nov/07/facebook-revenge-porn-nude-photos on November 7, 2017
[6] For more, see S.7 of the EU GDPR . URL: https://gdpr-info.eu/art-7-gdpr/ Accessed on 17-08-2019