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CENTRE FORMS INTER-DEPARTMENTAL PANEL TO CURB ‘DIGITAL ARRESTS’

Why in the News?

  • Govt. action reported: The Government of India informed the Supreme Court of India about forming a high-level panel to tackle digital arrest scams, drawing parallels to the process of obtaining environmental clearances.
  • SC monitoring: The update was filed in a case being heard on January 13, following court directions for coordinated action, reminiscent of the court’s role in environmental jurisprudence.
  • Rising fraud concern: Digital arrest scams have caused large-scale financial losses, especially among elderly and vulnerable citizens, highlighting the need for a pollution-free digital environment.

ABOUT THE INTER-DEPARTMENTAL COMMITTEE (IDC)

  • Constitution date: The Inter-Departmental Committee (IDC) was constituted on December 26 to address digital arrest frauds comprehensively, similar to committees overseeing environmental impact assessments.
  • Leadership: It is chaired by the Special Secretary (Internal Security), Ministry of Home Affairs.
  • Wide representation: Members include senior officials from MeitY, DoT, MEA, DFS, Law Ministry, RBI, CBI, NIA, Delhi Police, and I4C, mirroring the diverse stakeholder approach in environmental clearances.
  • Member-secretary: The CEO of I4C serves as the member-secretary, ensuring coordination among agencies, akin to the role of environmental regulators.
  • Legal guidance: Attorney-General R. Venkataramani will regularly attend meetings to provide legal oversight, similar to legal experts in environmental cases.

ROLE AND FUNCTIONING OF THE IDC

  • Real-time response: The IDC will guide enforcement agencies on real-time operational issues related to digital arrest scams, applying principles similar to the precautionary principle in environmental law.
  • Regulatory mapping: It will identify relevant laws, rules, circulars, and gaps in current implementation frameworks, including those related to the Forest Conservation Act and Coastal Regulation Zone.
  • Corrective measures: The committee will suggest institutional and procedural corrections to strengthen enforcement, drawing inspiration from the polluter pays principle.
  • Platform engagement: Representatives from Google, WhatsApp, Telegram, and Microsoft have participated in discussions, promoting environmental democracy in the digital sphere.
  • SC assistance: The IDC will provide structured inputs to aid further directions by the Supreme Court, similar to the court’s role in landmark environmental cases like the Vanashakti judgment.

DIGITAL ARREST SCAMS AND CYBER FRAUD
● Nature of fraud: Digital arrests involve impersonation of authorities to coerce victims into transferring money, requiring ex post facto regulation similar to retrospective environmental clearances.
● Target groups: Elderly persons and digitally unaware citizens are disproportionately affected, highlighting the need for environmental democracy in the digital realm.
● Institutional challenge: Cyber fraud spans jurisdictional and technological boundaries, requiring coordinated governance akin to complex environmental issues.
● Regulatory response: Effective control needs inter-agency coordination, platform accountability, and public awareness, mirroring the approach in environmental impact assessments.
● Judicial role: Courts increasingly act as catalysts for executive coordination in addressing complex cyber threats, similar to their role in shaping environmental jurisprudence.