This article is written by Vishesh Gupta from Institute of Law, Nirma University, Ahmedabad. This article discusses the role of technology contracts to protect kids from cybercrime.
Table of Contents
Introduction
Children make up a significant and critical part of the population on the internet. In fact, they tend to be more comfortable and proficient with web-based devices and applications than many adults. But even if children are somewhat expert users of web technology and aware of both risks and ways of dealing with them, they still do not possess maturity in the sense of being able to evaluate the situations they encounter and the possible consequences their actions can have on the web.
This article discusses the risk faced by children on the internet and how technology contracts between parents and kids help them minimise or avoid these risks. Further, Indian legal jurisprudence on cybersecurity has been discussed.
Risks faced by children on the internet
The internet or the web is a vast wasteland filled with unconceivable content and anonymous entities. It was conceived as a platform where people can connect with each other and gain knowledge. In fairness, it still performs that purpose. The Internet is very helpful for young children to learn new things.
Children are among the most active internet users and are unfortunately subject to a number of threats. They spend a considerable amount of their time on the web. The web, being a mysterious place, exposes children to the dark side of the world. Some of the risks are:
Inappropriate Content
It includes child pornography, human trafficking, and many more. This kind of inappropriate content is abundantly available on the dark web. Last year, one of the biggest child abuse marketplace on the dark web, which contained around 250,000 child sexual exploitation videos and images, was found and stopped.
It is not important for the kid to specifically search for these types of content. The Internet is such a vast and interconnected space where children can stumble upon inappropriate content unintentionally. Some of the content is inappropriate based on the age bracket of people. A media service provider like Netflix, Amazon Prime, Hotstar, and many more also provide content to the users which include gruesome fighting, sexual content, and abusive language. But these are age restrictive.
Online Scams and transaction frauds
The internet is filled with online scams. Some of the scams are the creation of geniuses and even adults are susceptible to it. If adults cannot avoid these, how can a child/minor who has not attained that level of maturity, avoid it? A common example of an online scam is the fake lottery win. In this scam, people are mailed that they were a part of the lottery and have won a large amount of money. In return, they ask for various costs on the payment of which the lottery money would be transferred.
McAfee released a survey reporting that 56.1% of Indians have fallen victim to discount scams, by clicking on links that took them to ‘sketchy’ websites.
But this is not where it stops. It gets worse as some people through scam may make children participate in criminal activities which may create liability on the parents of the children. Children may be asked to post their sexual photos or pornographic material online which is an offence under Section 67 of the Information Technology Act, 2000.
For transaction frauds, people might ask you for your CVV or OTP. Once you share this information, your account can be compromised.
Online contracts
As stated in Yatra Online Pvt. Ltd. vs Vikramjeet Aggarwal, E-contracts are governed by the basic principles provided in the Indian Contract Act, 1872. Section 10A of the Information Technology Act, 2000 provides validity to e-contracts. So, both the ICA and IT Act need to be read in conjunction.
Types of E-Contracts
- Shrink-Wrap Contract: These contracts are packaged with the product/software and are accompanied by click-wrap agreements. Even after being installed on the computer, the buyer can disagree, but then he won’t be able to use the software. PC programming organizations broadly depend on the utilization of “shrink-wrap” permit assertions. Most of the software like games come with a shrink-wrap contract.
- Click-Wrap Contract: These contracts require the user’s consent through the “I Accept,” button. But on clicking “I Accept”, the users agree to the terms and conditions of the software. Users who disagree with the terms cannot use or purchase the software after cancellation or refusal. These contracts are the most common type of e-Contract which are used in online shopping like Flipkart, Social media platforms like Instagram and content providers like Netflix.
Children have a significant presence in e-commerce. From online shopping to downloading applications, they can do it all. But as per Section 11 of the Indian Contract Act, 1872, a minor cannot be a party to a contract as he is below majority age and thus, is an incompetent party. A contract with a minor is void (Raj Rani vs Prem Adib, (1949) 51 BOMLR 256) However, in online contracts, the difficulty is that the competence of one party entering into a contract is almost unknown to the other party. Minors use this situation in their advantage by misrepresenting themselves as adults and entering in e-contracts. While downloading applications, without reading the terms and conditions they click on the “I agree” button. This can create unwarranted liability on the parents. The terms and conditions of various e-commerce are clearly written on their websites.
For instance, Flipkart’s terms and conditions (available here) expressly mention that if it comes to the knowledge of the company that a minor has created an account, they have the power to terminate the membership and refuse access to the website in future.
Cyberbullying
Cyberbullying is mainly done through social media sites and is unfortunately prevalent in today’s world, and causes just as much damage as any other form of bullying. This is one of the most challenging threats to deal with as a parent. Even any video which constitutes intimidation and seeks to encourage unknown people to harass the other people can also come under the scope of cyberbullying.
In the recent case of Patanjali Ayurved Limited & Anr. vs Google Llc. & Ors., defamatory videos of Patanjali brand were uploaded on youtube and were shared on Facebook. Pantajali company asked Youtube to remove videos, but they didn’t comply and Patanjali filed a suit in the Delhi High Court. Judgment was given in favour of Patanjali as the videos were not only defamatory but also threatening.
Cyber Grooming
Practice where people develop an emotional connection with children on social media platforms with the objective of gaining their trust so that they can sexually abuse them. This is most common with teenage girls.
Virus
A computer virus is a malicious code or program written to alter the way a computer operates and it spreads from one computer to another. A virus operates by inserting or attaching itself to a program or document. It may also be attached to any pop-up or unsecured web page. One of the most dangerous computer viruses is the Trojan Horse Virus. It is disguised as legitimate software and after entering into the software, it can give hackers unauthorised access to the devices.
Tips for children to reduce risks
- For Cyberbullying:
- Never accept friend requests from strangers.
- Don’t share personal information on social media platforms. Go to privacy settings to select who can access your online posts.
- Don’t aggressively react on social media platforms.
- Don’t indulge in activities of sharing inappropriate content.
- For Cyber grooming:
- All the tips mentioned in the cyberbullying section.
- Be cautious with who you chat with and avoid talking to people who ask for your sexual preferences and experiences.
- Don’t keep your webcam on all the time.
- Do not go to meet a person whom you met online alone.
- Do not install dating apps from an unknown source.
- Online gaming:
- Never use voice chat or webcam while playing online games.
- Always install good antivirus software on the computer.
- Never download games from an unknown source.
- For transaction frauds:
- Never share bank and card details with anyone.
- Regularly update your online passwords.
Role of Parents
To prevent children from the risks of the internet, the biggest and the most important role is played by the parents. Educating your children about proper and novel use of technology and the internet should be the first step. However, the role of the parent does not end there. It is almost impossible to expect that a kid will always follow all the instructions.
- Browsers like Firefox offer free features that can let parents block websites with questionable content so the kids can’t access them. There are parental control apps that allow parents to block objectionable websites.
- To tackle computer viruses, malware on children devices, parents can install anti-virus software or software that blocks spyware, along with a strong firewall, to prevent hackers from accessing their children’s computers.
- In the current times, an effective way to regulate the behaviour is to develop electronic/Technology Contracts with their children.
Technology Contracts
It is a contract for a family to develop rules for using electronic devices and accessing the internet. These contracts help in regulating online activities and screen time of children. It can help to make sure that the whole family is on the same page about how to get the most out of technology, and how to stay safe online.
Types of technology Contracts
Screen Time contract
A screen time contract is writing down the rules for the usage of electronic devices. This contract lays down a certain time limit for usage of the app and also the repercussion if such a time limit is not followed. It allows the parents to regulate the time spent by their children on the screens. There are mobile applications to regulate screen time.
Technology use contract
This contract regulates the usage of any technology by a child. The contract may include the purposes for which a device may or may not be used. A sample technology use contract is available here.
Cell Phone Contract
This contract includes time limits for using cellphones, apps/websites that cannot be accessed and it requires affirmation from the children that they won’t share inappropriate content. Children also have to pledge not to cyber-bully anyone and if they are themselves bullied, to inform their parents. A sample of Cell Phone Contract is available here.
Computer contract
They include the same provisions as mentioned in a cell phone contract. A sample of Computer Contract is available here.
Examples of Parental control on the internet
- NETFLIX – Netflix is a media service provider. It is a platform containing various movies, television series, animes, and their own originals. Every available content on Netflix has been given a maturity rating. Netflix provides parental support from which parents can decide the maturity level for the profile of their children. Parents can also block certain shows.
- PLAY STORE- Play store allows parents to block downloads or purchases of content based on the content of maturity level. Parental control in google play also gives power to parents to block certain apps and also set screen limits.
Need for such contracts
Even though such contracts are not legally binding, these contracts regulate the behaviour of children online and keep in control the usage of devices. It also stops them from going to unsecured websites as the parents can block any website that is not appropriate for the children. Suspicious activities could be tracked by parents and any kind of cyberbullying, cyber grooming, transactional fraud could be stopped in its initial stages. Based on these contacts, mobile applications have been developed where parents can set time limits after which another mobile application cannot be accessed by the kids.
Parents cannot give unrestricted freedom to children for using online platforms and these contracts are the best way to restrict children from falling in dark depths of the internet.
With the help of tech contracts, children are not left alone on the wasteland known as the internet as their parents are protecting their children through different parental controls. Even the children feel an obligation to follow the rules created through the contracts.
Cybersecurity
As per the Norton Cyber Safety Insight Report, in the past 12 months, India and the US saw some of the highest rates of cybercrime. In India, more than 3.13 lakh cybersecurity incidents were reported in 2019.
Laws in India
Cybercrimes against children can be categorised into 4 areas i.e. child trafficking, cyberbullying, pornography, and identity theft.
Currently, the Information Technology Act, 2000, and Indian Penal Code, 1860 are the laws for dealing with cybercrime in the country. The IT Act was revised in 2008. The Information Technology (Amendment) Act, 2008 amended multiple sections that were related to digital data, electronic devices, and cybercrimes.
Provisions under IT Act, 2000
- Sections 43: Penalty for unauthorised access to data and damaging of computer or computer network through the virus.
- Section 43A: Compensation for the failure of data protection.
- Section 66C: Punishment extending up to 3 years or fine which may extend to Rs. 1 Lakh for identity theft.
- Section 66E: Punishment extending up to 3 years or fine which may extend to Rs. 2 Lakh for violation of privacy.
- Section 67B: Punishment for publishing, browsing or transmitting child pornography in electronic form.
These provisions are not specifically related to children but applicable to all.
Indian Penal Code, 1860
Section 354A and 354D of the Indian Penal Code provide punishment for cyberbullying and cyberstalking against women. Both the statutes don’t provide specific provisions for cybercrime against children.
Initiative by the Government
Ministry of Home Affairs launched a scheme named ‘Cyber Crime Prevention against Women and Children (CCPWC)’ under which an online National Cyber Crime Reporting Portal, (www.cybercrime.gov.in) was launched on 20th September 2018 to enable the public to report cases pertaining to child pornography/child sexual abuse material, rape/gang rape images or sexually explicit content. This portal empowers the public to lodge complaints anonymously or through the “Report and track” option.
For spreading awareness, the Ministry of Home Affairs released A Handbook for Adolescents/Students on Cyber Safety (available here), and a cyber Crime awareness campaign was launched on twitter through twitter handle (@CyberDost).
Role of Tech contracts in cybersecurity
On a more personal level, parents are the saviours of their children and with the help of tech contracts, they can protect their children from risks.
- By having tech contracts with their own children, parents can keep a check on the activities of their children on the internet. As a preventive measure, parents can block certain websites, content which is not appropriate for the children.
- It is pertinent to emphasise that young minds are impressionable and can be adversely affected by inappropriate content such as porn and abusive videos and therefore, it is of utmost importance that parents should censor what their children should access. Further, through tech contracts, a list of websites, apps can be banned for the children.
- This also helps in avoiding any kind of computer virus that may be dangerous for not only the kids but also the family.
- Children without the permission of the parents cannot perform any financial transactions online. This plays a significant role in protecting children from online scams.
Conclusion
There are many risks associated with the internet which are not even comprehensible by the adults. So, minors who lack that level of maturity are at a higher risk of being a victim to cybercrime or any unwarranted liability. Understanding the problems related to children using the internet, the concept of technology contracts and parental control systems were created. Though lacking legal validity for the contracts, technology contracts are one of the most efficient ways of saving children from the horrors of the internet and also to develop mannerisms of following rules. Children should not face the horrors of the internet, rather their age is for learning and enjoying.
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