28th October 2023 (9 Topics)
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Dark pattern sales deemed ‘cybercrime’
Context
As per the latest update, the Consumer Affairs Secretary labels the online misconduct carried out by airlines and travel portals as "cybercrime."
About
- The Ministry has received nearly 10,000 such complaints through the National Consumers Helpline over the last eight to nine months.
- A dark pattern is one where an entity nudges consumers to buy products they didn’t intend to, which is an unfair trading practice, and can constitute a cyber-crime.”
- The current online environment, there seemed to be a systemic practice of fooling consumers.
What are Dark Patterns?
- Dark patterns refer to design techniques used in user interfaces that manipulate, coerce, or deceive users into taking actions that they might not have intended.
- These patterns are crafted to steer user behavior towards actions that benefit the platform or business, often at the expense of the user's interests or without their full understanding or consent.
- Dark patterns are manipulative design strategies in user interfaces that coerce actions benefiting businesses.
- They include trick questions, misdirection, forced continuity obstructing cancellations, sneak into basket by adding unwanted items, and confirm shaming using guilt or pressure for specific choices or personal data sharing, disregarding user interests.
Rules in India against Cybercrimes:
- Information Technology Act:
- Section 66B of the IT Act: This section pertains to punishment for dishonestly receiving stolen computer resources or communication devices.
- Section 66C and 66D of the IT Act:These sections deal with identity theft and cheating by personation using a computer resource.
- Section 66E of the IT Act:It addresses the violation of privacy by capturing, publishing, or transmitting images of private areas of any person without their consent.
- Section 66F of the IT Act:This section deals with cyber-terrorism, including the planning and commission of acts that threaten the integrity, sovereignty, and security of the nation.
- Section 67 and 67A of the IT Act:These sections cover offenses related to publishing or transmitting obscene material in electronic form, including child pornography.
- Section 69 of the IT Act:It empowers government authorities to intercept, monitor, or decrypt any information generated, transmitted, received, or stored in any computer resource.
- National Cyber Security Policy (2013):
- This policy aims to safeguard national security by strengthening the protection of information infrastructure and fostering a secure cyber environment.
- Indian Penal Code (IPC):
- Various sections of the IPC, such as Section 420 (cheating) and Section 406 (criminal breach of trust), can also be applied in cases of cybercrimes.
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