Challenges in enforcing the law on online platforms
The prevalence of harmful and criminal activities in the online world has raised concerns about the effectiveness of law enforcement in regulating such activities. Various organizations and individuals exploit online platforms to engage in illegal activities with minimal consequences. Terrorist groups and other illegal organizations also utilize these platforms extensively. While authorities in countries such as the USA and India have enacted laws to combat online crimes, the efficacy of their enforcement efforts remains ambiguous, with jurisdictional, technical, and legal challenges complicating these efforts.
The constantly evolving nature of technology and the internet poses an ongoing challenge to law enforcement agencies, challenges related to jurisdiction, technical capabilities, and legal frameworks. While authorities in both countries have taken steps to address online crime and misuse of online platforms, the scope and effectiveness of their efforts vary. Both nations have legislation that makes certain online activities, such as cyberbullying, fraud, and terrorism, illegal. To enforce these laws, law enforcement agencies have utilized a range of techniques to investigate and bring charges against individuals who engage in such activities. they must keep pace with emerging threats while balancing competing interests of privacy and security.
The United States government has several laws and regulations in place to prevent the use of the internet for terrorist activities. Some of the key legislation includes:
USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act): This law, passed in 2001, expands the government's surveillance powers and allows for greater sharing of information between law enforcement agencies.
Intelligence Reform and Terrorism Prevention Act (IRTPA): This law, passed in 2004, created the Office of the Director of National Intelligence (ODNI) and established new standards for information sharing between intelligence agencies.
The Cybersecurity Information Sharing Act (CISA): This law, passed in 2015, encourages the sharing of cyber threat information between the government and private sector.
Executive Order 13224: This order, issued by the President, allows the US government to freeze the assets of individuals and organizations that provide support to terrorist groups.
The Countering America's Adversaries Through Sanctions Act (CAATSA): This law, passed in 2017, expands the government's ability to impose sanctions on individuals and organizations that provide support to terrorist groups or engage in cyber attacks.
These are just a few examples of legislation the US government has in place to combat terrorist use of the internet. The government also works closely with internet service providers and social media companies to identify and remove terrorist content, and it uses a variety of tools to monitor and disrupt online terrorist activity.
India has several laws and regulations in place to prevent the use of the internet for terrorist activities. Some of the key legislation includes:
The Information Technology (IT) Act, 2000: This law provides the legal framework for the regulation of electronic transactions and curbs the use of the internet for illegal activities.
The Unlawful Activities (Prevention) Act, 1967: This law empowers the government to proscribe organizations involved in terrorist activities and to take action against individuals who support or finance terrorism.
The Indian Penal Code, 1860: This law contains provisions criminalizing the commission of terrorist acts and the incitement of terrorist acts.
The Prevention of Terrorism Act (POTA), 2002: This law provides additional powers to the government to take action against individuals and organizations involved in terrorist activities.
The National Investigation Agency (NIA) Act, 2008: This law established the National Investigation Agency to investigate and prosecute cases of terrorism.
The government of India has taken several steps to enforce laws on online platforms in recent years. One notable example is the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, which were introduced in February 2021. These rules aim to regulate the content on online platforms and hold them responsible for any illegal or harmful content that is published or hosted on their sites.
Under the IT Rules, online platforms such as social media sites, video-sharing platforms, and messaging apps are required to appoint a grievance officer who is responsible for addressing complaints about illegal or harmful content. The rules also require platforms to have a mechanism for removing or disabling access to such content within 36 hours of receiving a complaint.
In addition to the IT Rules, the government of India has also taken steps to enforce laws related to cybersecurity and data protection. For example, the Personal Data Protection Bill, which was introduced in 2019, aims to regulate the collection, storage, and processing of personal data by online platforms and other entities. The bill requires platforms to have robust data protection measures in place, and it gives individuals the right to control their data and seek compensation if their data is misused.
These examples show that the government of India is taking a proactive approach to enforcing laws on online platforms, with a focus on protecting public safety and individual rights.
These laws and regulations provide a framework for the Indian government to monitor and disrupt online terrorist activity. The government also works closely with internet service providers and social media companies to identify and remove terrorist content.
Social media giants, such as Facebook, Twitter, and YouTube, use a combination of automated systems and human review to identify and remove terrorist propaganda from their sites. Some of the key methods used include:
Automated content filtering: Social media companies use automated systems, such as machine learning algorithms, to scan and flag content that matches known terrorist propaganda.
User-generated reports: Social media companies allow users to report content that they believe to violate the company's terms of service. This content is then reviewed by human moderators.
Partnership with third-party organizations: Social media companies often work with third-party organizations, such as the Global Internet Forum to Counter Terrorism (GIFCT), to identify and remove terrorist content. There are many more small organizations which are coming into this field of work to try and make the internet a safe space for everyone.
Hash-based tracking: Social media companies track certain keywords, phrases or digital fingerprints ("hashes") that are associated with terrorist content and block it. this is being used for every kind of illegal content and content that should not be posted on social media sites.
These methods help social media companies to identify and remove terrorist propaganda from their sites, but it is worth noting that it is not a 100% solution, and these companies still receive a lot of criticism for not doing enough to prevent the spread of extremist content.
In terms of oversight, social media companies are typically regulated by the government of the country in which they operate. In the US, for example, the Federal Bureau of Investigation (FBI) and the Department of Homeland Security (DHS) have the mandate to combat online terrorist content, and they work closely with social media companies to identify and remove such content. In India, the Ministry of Electronics and Information Technology (MEITY) oversees the regulation of social media platforms, and the Ministry of Home Affairs (MHA) is responsible for counter-terrorism efforts.
Countries should increase their collaboration and information-sharing among law enforcement agencies, both domestically and internationally. Developing specialized training for law enforcement officers on cybercrime and terrorism.Adopting and enforcing laws and regulations that criminalize terrorist activities in the virtual world. Working with technology companies to develop tools and systems that can identify and prevent online radicalization and recruitment. Overall, a comprehensive approach that combines law enforcement, intelligence gathering, and technology is necessary to effectively counter terrorism in the virtual world.
In conclusion, the ability of governments to enforce laws on online platforms is a complex issue that raises questions about freedom of speech, privacy, and the role of technology in society. While there is a need for online platforms to be held accountable for illegal activities that occur on their platforms, there is also a concern about the potential for government overreach and censorship. As technology continues to evolve and shape the way we interact and communicate, policymakers must strike a balance between protecting public safety and preserving individual rights and freedoms. Ultimately, the challenge for governments is to find a way to enforce laws effectively without undermining the core principles of free and open internet.
Pic Courtsey-Shahadat Rahman at unsplash.com
(The views expressed are those of the author and do not represent views of CESCUBE.)
