Quickly plug gaps to prevent digital arrests: SC to Centre
New Delhi, Dec. 17 -- The Supreme Court on Tuesday told the Centre to consider implementing steps "immediately" to plug gaps in preventing digital arrest scams as it observed that the amount taken away from the country under this fraud is "staggering" and "shocking".
Monitoring measures for providing relief to victims of digital arrest scams, who lost an amount to the tune of Rs.3,000 crore, a bench headed by Chief Justice of India (CJI) Surya Kant directed the Centre to consider a victim compensation scheme and a host of other technical suggestions made by senior advocate NS Nappinai , who is assisting the court as amicus curiae.
"We wish we were wrong but a staggering amount has been taken away from India which is very shocking. There are some suggestions made by the amicus curiae. We have no reason to doubt that the stakeholders under the guidance of the Attorney General shall take appropriate decisions at their end and apprise this court," said the bench, also comprising justice Joymalya Bagchi.
The court posted the matter for further hearing in the second week of January.
The bench went through Nappinai's suggestions, some of which required implementation on an urgent basis.
"Some suggestions can be immediately enforced such as introduction of apps and safety measures that can be easily implemented," said the bench referring to her suggestion for social media intermediaries to deploy AI and machine learning tools to "identify and take down fraudulent accounts offering mule accounts or crime as a service" and to "deploy tools to stop video calls that last more than a stipulated period of time".
This cap may be prescribed by WhatsApp, Telegram or similar platforms.
The court also referred to the role of banks in detecting such scams.
It said, "The lapse on part of the bankers that results in loss by fraud would amount to deficiency of service." By its December 1 order entrusting CBI with the probe of all digital arrest cases, the bench had allowed the agency to probe bankers for ascertaining their role in failing to detect such crimes.
The bench reiterated its concern on Tuesday by saying, "When the first event takes place, there should be an alarm raised by the banks."
The observation assumes significance as the amicus suggested the Reserve Bank of India (RBI) to develop "fraud detection tools" to identify such withdrawals which are "excessive" within a short span of time.
Attorney general R Venkataramani appearing for the Centre admitted there were gaps in the system which needs to be fixed as he sought time to consider the suggestions of the amicus.
"There are gaps which need to be tied together. An inter-departmental meeting will take place. Instead of addressing the issue in a piecemeal and isolated manner, we will undertake the exercise as various proposals are under active consideration of the committee having all stakeholders," Venkataramani said....
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