Unchaining The Digital Shackles - Exploring The Dynamics Of Cyber Slavery
Author: LawSphereX
Category: Technology, Cyber & Privacy
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UNCHAINING THE DIGITAL SHACKLES: EXPLORING
THE DYNAMICS OF CYBER SLAVERY
Joshua Joseph N, St. Joseph’s College of Law, Bengaluru
ABSTRACT
In recent years, widespread innovation in the field of digital technologies has facilitated the emergence of a new form of exploitation termed cyber slavery. Shrouded in secrecy, it represents an intricate web of exploitation and human rights violations powered by the medium of cyberspace, finding its genesis in Southeast Asian countries. This intricate interplay amongst technology, globalization, and exploitation culminates in the characterization of this phenomenon as a modern manifestation of slavery. This paper delves into the multifaceted dimensions of the emergence of cyber slavery as an organised crime in India, examining its prevalence, manifestations, and underlying mechanisms. It investigates the socio-economic factors and the role of technology that contribute to vulnerability, leading individuals into the perilous realm of cyber exploitation.
The paper also endeavours to elucidate the myriad forms of exploitation encompassed within the domain of cyber slavery. Furthermore, it examines the obstacles encountered by Indian law enforcement agencies in addressing cyber slavery and posits strategies for efficacious intervention and prevention. Ultimately, this research contributes to a deeper understanding of the issue, highlighting the urgent need for concerted action at both national and international levels to combat cyber slavery. Keywords: Criminal law, Cyber-crimes, Exploitation, Modern Slavery, Trafficking, Forced Labour, Pig-butchering
INTRODUCTION
As global economies developed and as the power of colonialism faded away at the undertone of the World Wars, traditional notions of slavery were replaced with neo liberal forms of slavery which involved largely the same characteristics of the customary practices of slavery such as trafficking and enslavement. Although not defined in law, modern slavery is employed as blanket term to include debt bondage, forced labour, human trafficking, sex slavery, forced marriage, etc. According to the data presented in the Global Estimates of Modern Slavery Report1, 2022 published by The International Labour Organisation, an estimated 27. 6 million people are presently victim to forced labour. Although the Sustainable Developmental Goals set about by the UN aims to eradicate modern slavery universally by the year 2030, the future looks bleak.
With the advent of cyber tech and digital mediums, online criminality took the forefront in increasing modern slavery worldwide. This paper mainly aims to address one of the most prominent and emerging forms of modern slavery termed as “cyber slavery”. Cyber slavery primarily involves digital criminality. This method of enslavement generally partakes in recruiting individuals through cyber space, under the pretext of lucrative job offers overseas. The treatment meted out to such victims upon their arrival are harsh and inhumane. They borne the attributes of an enslaved victim. They are forced to engage in a method identified as “pig-butchering” which is used to defraud and scam innocent individuals on digital media. Cyber Slavery is recognised as an emerging organised crime syndicate globally.
As reported by the Federal Bureau of Investigation, the cyber slavery industries netted a profit of a whopping $2. 9 billion in 2023 in the USA, which is a four-fold increase in their revenue compared to $907 million in 2019. It is important to acknowledge here that cyber slavery is a complex phenomenon which encompasses two sets of victims. The primary set accounts for those individuals who are coerced to engage in the practices of deceiving individuals online whilst the secondary set of victims involve individuals who are cheated online. Individuals on either end are on the verge
1 Global Estimates of Modern Slavery Forced Labour and Forced Marriage Report, International Labour
Organisation, September 2022
of suffering harm. The enslaved scammers are denied their liberty and freedom and are subjected to torture and cruelty by their masters if they don’t meet the required targets. The victims of such scams lose out financially, most often their life savings or retirement funds. The heightened danger of cyber slavery lies in its discreet nature and the veil of anonymity which shroud its perpetrators, making it a complex and urgent issue to address. This also contributes to the difficulty in ascertaining the exact number of people who have fallen victim to this emerging racket. According to initial estimates by the UN2, approximately 200,000 people are currently locked up in highly secured compounds located in Myanmar, Cambodia and other parts of South East Asia.
As per the reports released by a leading journalist organisation in India3, there are speculations of approximately 5000 Indian citizens who have fallen prey to this well-established racket in South East Asian countries. These individuals have no legal recourse in the foreign nations where they are trapped. The governments and law enforcement officials of such nations most often engage in high levels of corruption, thereby turning a blind eye to the plight of such victims. As our investigation progresses, it becomes increasingly apparent that the burgeoning phenomenon of cyber slavery poses a substantial challenge in the contemporary digital landscape, particularly within nations like ours where governmental emphasis on digital integration is pronounced.
Additionally, a comparative analysis with countries such as China, Laos, and the Philippines, where cyber slavery is prevalent, offers valuable insights into the organizational dynamics and emergent trends of this criminal activity within India. Furthermore, this discourse underscores the imperative for concerted domestic and international efforts aimed at combating perpetrators of such offenses, thereby affording legal redress to victims ensnared in this intricate web of exploitation. The imperative comprehension of the multifaceted dimensions of cyber slavery holds significance not only for the welfare of
2 PRESS RELEASE, UNITED NATIONS HUMAN RIGHTS OFFICE OF THE HIGH COMMISSIONER,
Hundreds of thousands trafficked to work as online scammers in SE Asia, says UN report, (Aug. 29, 2023), https://www.ohchr.org/en/press-releases/2023/08/hundreds-thousands-trafficked-work-online-scammers-se-asiasays-un-report - 29 – AUGUST – 2023. 3 Mahender Singh Manral, 5000 Indians forced into cyber-slavery in Cambodia, MHA discusses rescue strategy, The New Indian Express, (Apr. 29, 2024).
its victims but also for the safeguarding of human dignity and rights in the contemporary global milieu.
ORIGINS
To understand the origins of cyber slavery, it is important to analyse the definition of transnational crime. As defined by the United Nations Convention against Transnational Organized Crime, an offence is transnational4 in nature if: (a) It is committed in more than one State; (b) It is committed in one State but a substantial part of its preparation, planning, direction or control takes place in another State; (c) It is committed in one State but involves an organized criminal group that engages in criminal activities in more than one State; or (d) It is committed in one State but has substantial effects in another State. It poses a significant threat, both, nationally and internationally. South East Asia is infamously recognised as a hub for transnational crime5.
Most of these offences include drug trafficking, illegal gambling, sex slavery and prostitution, child trafficking, piracy, arms smuggling, etc. Criminal enterprises in South East Asia majorly encompass a crime ring which consists of the Yakuza, Chinese Triads & other regional crime groups who have flourished in the last decade. They are extremely difficult to suppress due to their resilience in operations. They also have access to a vast network of resources which include ties with the highest levels of bureaucracy and state officials. In most countries, organised crime syndicates are supported by the governments due to the hefty sum of unaccounted revenue they derive from their unlawful activities. Prior to 2020, cybercrime in South East Asia were majorly confined to carrying out illegal gambling and financial frauds which included crypto-crime.
However, in 2018, the Chinese government announced a major crackdown on illegal gambling rings that operated within Mainland China. The action was launched in response to the vast amounts of revenue losses and devaluation of the Yuan suffered by the Chinese government caused by the transfer of large sums of money to offshore establishments under the pretext of gambling.
4 United Nations Office on Drugs and Crime, UNITED NATIONS CONVENTION AGAINST TRANSNATIONAL
ORGANIZED CRIME AND THE PROTOCOLS THERETO (2004).
5 Hai Thanh Luong, Transnational Crime and Its Trends in South-East Asia: A Detailed Narrative in Vietnam, International Journal for Crime, Justice & Social Democracy (2020).
The concerted efforts by Chinese law enforcement officials led to arrests of many individuals who acted as intermediaries in such unlawful operations. Operation Chain Break launched by the Chinese government also aimed at seizing all illegal gambling platforms and operations which were majorly cross border. This operation involved other neighbouring nations such as Cambodia, Laos and Philippines as stakeholders who took legislative action in restricting online gambling outfits that operated within their territory. 6 As nation wide lockdowns prevailed in response to the combat against the novel corona virus pandemic, many casinos and gambling establishments were compelled to shut down.
The closure of operations severely impacted the revenue incurred by crime syndicates, thereby forcing them to adopt newer methods of revenue generation, which would adjust to the present operational realities. Their most obvious targets were the migrant workers who were trapped in foreign nations, out of employment and unable to return home due to the global restrictions imposed on travel. Their economic struggles played a crucial role in reaching out to them, as criminal organisations recruited such individuals under the pretext of attractive employment prospects. As people were largely confined to the bounds of their residences, there was a surge in the number of people that had adopted the digital platform as source of employment, education and entertainment.
Governments also promoted mass-digitalization, which enabled even the marginalised sections of the society to gain access to digital platforms online. The widespread user interactions on digital platforms removed barriers posed to criminal actors and enabled them to expand operations globally by recruiting more individuals in different countries and from different language groups to work in such scam centres. Moreover, the surge in internet usage during the given time, made it profitable for such organisations to employ more individuals for the purpose of scamming other unsuspecting users online. According to UN reports, there are indications that approximately 120,000 individuals in Myanmar could be trapped in scenarios where they are compelled to engage in online scams. Similarly, estimates suggest around 100,000 individuals in Cambodia may be affected.
6 Philip Conneller, Cambodia Online Gaming Boom Officially Over as Prohibition Enforcement Kicks In,
Casino.org (Jan. 2, 2020), https://www.casino.org/news/cambodia-online-gaming-boom-officially-over-asprohibition-kicks-in/.
Additionally, other countries in the region such as Lao PDR, the Philippines, and Thailand have been identified as significant destinations or transit points, with tens of thousands of people potentially involved.7
MODUS OPERANDI
As defined under the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, Human Trafficking, refers to the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Under close analysis, we can identify the existence of three main elements within the definition mentioned above; recruitment, trafficking & exploitation The first and foremost step of action constitutes recruitment. As per accounts, recruiters post advertisements on social media and other professional platforms, which offer rewarding employment prospects outside India, under the guise of MNCs, along with the promise of securing a better livelihood. Such positions include data operators, customer service
7 Ibid.1
representatives, security analysts, etc, which are roles that require a mere technical know-how and good command over English. The process of recruitment involves rigorous cycles of interviews and tests, which one must pass in order to secure the job. Victims are tested of their skill and ability in every subsequent round of interview, thus adding to the professionalism and legitimacy of the prospects offered. These interview rounds include speaking tests designed to assess the individual's proficiency in English and other languages. Additionally, candidates are required to complete typing tasks to evaluate their technical proficiency with computers and technology. Upon selection, candidates are met by an agent who serves as an in-person intermediary between the recruiters and the candidates.
These agents collect the necessary documentation and a substantial fee to facilitate the victims' travel to the countries where they have been trafficked. To meet the demand for this fee, many individuals pledge their homes and assets, leading to a perpetual debt trap from which they must struggle to escape. Unbeknownst to them, they have become part of a vast network of individuals recognized as cyber slaves. This completes the second step of the process which is classified as trafficking. Upon reaching their destination, the victims are met by individuals who identify themselves as part of the enterprise for which the victims have been ostensibly hired. These individuals then confiscate all documentation held by the victims, including passports and identity cards, effectively rendering them stateless with no chance of escape or return home.
They are transferred into high security properties recognised as slave compounds, where they are subjected to forced online criminality from the confines of their small rooms with minimal amenities, barely sufficient to sustain basic life. Lastly, to fulfil the objectives of the trafficking operation, victims are coerced into engaging in cybercriminal activities. These include financial fraud involving fake cryptocurrency investments, where they employ tactics, such as establishing fake romantic relationships8 with unsuspecting online users, or posing as government officials who threaten individuals with false allegations and dire consequences unless they pay the demanded amounts9. 8 Ken Dilanian, With ‘pig butchering’ scams on the rise, FBI moves to stop the bleeding, NBC News, (Feb. 5, 2024).
9 Su-Lin Tan, Asia-Pacific is new ‘ground zero’ for cybercrime as scammers stay ahead of law: ‘they’re sophisticated’, South China Morning Post, (Nov. 24, 2023).
They are forced to work six to seven hours a day, under dire conditions. Exploitation of these slaves intensifies when they fail to meet the targets set by their captors. They are subjected to brutal beatings and torture, denied basic amenities, and in some cases, the physical abuse is so severe it results in death. These deaths frequently go unreported. Some of the torture methods include electrocution, humiliation and solitary confinement. The captors also record these acts of torture and send the footage to the victims' families, demanding a hefty ransom for their loved one's release.10
VICTIM PROFILE
Securing a diploma in computer science, Nandan Sah11 dreamt of employment prospects that supported the livelihood of his joint family. To his surprise, he was offered a rewarding job opportunity in abroad as a data operator. With great hopes and expectations, Sah signed up for the opportunity without any hesitation, only to later realise that he had fallen in into an inescapable trap. Another individual named Stephen12, had been offered a data entry job in Cambodia. With an ITI degree, Stephen took up the offer without a second thought as it offered a great pay, which would enable him to fulfil his dreams. He was accompanied by two other individuals who had been duped by the same recruiter to be voluntarily trafficked for cyber slavery.
Similar accounts have also been reported from China where educated and skilled workmen who once held respectable jobs prior to the pandemic, were forced to seek jobs online from the
10 Shaun Turton, Cyber slavery: inside Cambodia's online scam gangs, Nikkei Asia, (Sept. 1, 2021).
11 Suruchi Kapur-Gomes, Web of Slavery, The New Indian Express, (Apr. 7, 2024).
12 Ibid.3
confines of their homes. For instance, Lu Xiangri13, a former security analyst, who lost his job in the layoffs forced upon by the raging pandemic, was misled into cyber slavery by accepting a job offer which primarily involved studying markets and securities. Arriving at the first day of work, he had realised that he had been forced into performing online criminality. Another such example is Chong. A graphic designer by education, Chong accepted the offer of a customer service representative, accompanied with impressive salary prospects. However, on admission to work, he realised that his primary task was to scam Russian individuals surfing E-commerce websites. Most individuals who are voluntarily trafficked into South East Asia for such online forced criminality arise from similar backgrounds.
Computer literate job seekers, who are well spoken and well versed in English and national languages, fall prey to such scamming outfits offering attractive job offers which most folks wouldn’t turn down. Recruiters specifically look out for such qualities, as the forced online criminality majorly involves defrauding individuals on the cyber space through the means of cultural relevance.
FACTORS CONTRIBUTING TO INDIA'S VULNERABILITY TO CYBER SLAVERY
The adoption of the Digital India programme by the Indian government in 2015 have propelled the numbers of internet users in the past five years. Moreover, to supplement the growth, the government has also supported the development of digital payment networks and E-commerce websites by providing concessions and exemptions to multi-national companies who establish and extend their services within India. In India, a staggering 751 million individuals are identified as active internet users, right beneath China, who ranked first with 1. 09 billion users14. As the nationwide lockdown pushed people back to the confines of their homes, access to the digital and cyber space became the primary source of interactions amongst Indians worldwide.
According to the report published by IAMAI and Kantar Research15, the number of internet users in urban areas stood at 323 million, accounting for 67% of the India’s urban population and rural areas of the country registered an increase of 13%, recording 299 million internet
13 Mary Ann Jolley, Meet Cambodia's Cyber Slaves, Aljazeera, (Aug. 11, 2022).
14 Simon Kemp, India Rising, Data Reportal (Jan. 31, 2024), https://datareportal.com/reports/digital-2024-deepdive-india-rising.
15 Internet Adoption in India Report, Internet & Mobile Association of India (IAMAI), (Jun. 2020),
users in 2020, accounting for 31% of the country’s rural population. What is clearly evident from these numbers are that such adoption and development have trickled down unevenly, granting access to even the low-income groups who lack the knowledge and understanding to use such resources to their benefits. India has increasingly become a significant target for cybercrimes in recent years. In 2020, the country registered a total of 50,035 cybercrime cases. This number subsequently surged to 65,893 in 2022, which is a staggering 24. 4% increase as reported in the Crime in India Report, 2022, published by the National Crime Records Bureau16. Take for instance the city of Bangalore. Known as the Silicon Valley of India, the city boasts a population of 14 million people17.
Despite a majority of the population possessing adequate literacy and commendable computer skills, Bangalore remains susceptible to various forms of cybercrime. This vulnerability has resulted in residents losing nearly Rs. 240 crores within the first two months of the new year18. The statistics and data on cybercrimes clearly indicate the presence of a large-scale crime syndicate that views India as a promising target. The challenges in tracking the source of these crimes further embolden such groups to exploit people in India through cyberspace to extort money. Moreover, social engineering19 plays an important role in the process of gaining trust of potential victims in the pursuit of carrying out financial frauds through the internet.
It is a tactic widely employed by scammers wherein they pose similar interests as their potential targets which would lead to the victims to give up sensitive information without much effort. By capturing more Indians into this operation, captors attempt to establish trust with their victims by the means of cultural relevance and interpersonal skills. Subsequent to the growth of digital adoption, was the rise of unemployment figures in India. As global economies faced dire recession during the pandemic, many companies turned to laying off their large workforce as a means to cut costs and keep the company functioning during such tough times. This led to a large number of educated and skilled youth scouring for
16 Crime in India Report, National Crime Records Bureau (NCRB), 2022
17 Bangalore, India, Population 2024, World Population Review
https://worldpopulationreview.com/cities/india/bangalore. 18 Rishita Khanna, In just two months, Bengaluru loses Rs 240 crore to cybercrime, The New Indian Express, (Apr. 17, 2024). 19 Filipe Breda, Hugo Barbosa, Telmo Silva Morais, “Social Engineering & Cyber Security”, ResearchGate, (2017)
employment opportunities on the digital realm to sustain a basic source of revenue. As data released by the Centre for Monitoring Indian Economy (CMIE), the unemployment rate in
2020 spiked to 23.5%, an all-time high in the previous decade.
Widespread unemployment severely impacted the economy and the lives of millions of Indians living in the urban and rural areas who were pushed to the brinks of poverty. Unable to achieve a source of livelihood, individuals defaulted on the monthly instalments for loans they had taken out to support their dreams such as securing education, residences, etc. The dire financial situations imposed upon by the prevailing circumstances led them to searching jobs elsewhere by the medium of cyber space to alleviate their conditions. It is also crucial to examine the emigrant population from India, which comprises nearly 18 million20 individuals residing overseas. This substantial demographic underscores the aspiration of individuals to pursue employment and educational prospects in foreign countries, seeking to replicate the enhanced quality of life enjoyed by other Indian expatriates.
This shift is majorly driven by the push factor. The push factor refers to the sociological phenomenon where an individual is pushed to another place due to the better living and employment prospects offered by it. 21 In conclusion, India's rapid digital transformation, driven by initiatives like the Digital India program, has significantly expanded internet access across the country, connecting millions of individuals and fostering economic growth. However, this growth has not been uniform, with disparities in access and understanding persisting, particularly among low-income groups. The COVID-19 pandemic further underscored the importance of digital connectivity, yet it also exacerbated unemployment rates, prompting many to seek opportunities in the digital realm, where vulnerabilities to cyber slavery lurk amidst the vast online spaces.
Additionally, the emigration of millions seeking better prospects abroad highlights the persistent allure of improved living standards, which can sometimes expose individuals to risks of exploitation in the digital sphere.
CHALLENGES IN COMBATTING CYBER SLAVERY
Combatting cybercrimes has perennially posed significant challenges. Among these hurdles are
20 World Migration Report, 2020
21 IANS, Why Indians don't want to be Indian citizens anymore, The Economic Times, (July 1, 2023).
jurisdictional limitations, the anonymity of perpetrators' operations, and insufficient resources for tracking and tracing those responsible for such offenses. Anonymity22 remains a pertinent challenge to track down cyber criminals. Organisations and individuals’ resort to different methods to preserve their secrecy. An example of such a technique involves the utilization of proxy servers. Acting as intermediaries, these servers facilitate connections between clients, such as computers, and requested servers. Anonymizers, commonly known as anonymous proxy servers, obscure users' identity data by concealing their IP addresses and substituting them with alternate ones. The inception of the dark web, accessible primarily through the Tor network, which anonymizes users' identities and locations.
Due to its nature, the dark web is a hub for various cybercriminal activities, that almost always goes unnoticed. Lack of jurisdiction23 poses another persistent problem. Cyber slavery is a transnational crime. Therefore, to prosecute individuals associated with such operations requires nations to enforce their authorities and laws by overreaching their jurisdiction. This would constitute a violation of the basic principles of international law which promotes and upholds territorial sovereignty. Furthermore, there is also a lack of consensus amongst the nations in the international community for enforcing legislations which effectively combats and eradicates those crimes which constitute jus cogens violations. Visa regulations for countries where these scam operations originate are delicate and lack stringency.
Indian citizens travelling to South East Asian Countries such as Indonesia, Laos and Cambodia can avail a visa on arrival. This makes it extremely convenient for Indian passport holders to voluntarily traffic themselves to such nations under the pretext of securing better employment prospects. It also enhances the convenience for those crime syndicates who operate within such regions as they can now easily source slaves from such nations without having to go through any hardships of trafficking individuals by air or sea. Diplomatic policies of this nature pose challenges for authorities in monitoring individuals traveling to countries offering visa-on-arrival facilities. 22 Sanja Milivojevic, Heather Moore, Marie Segrave, Freeing the Modern Slaves, One Click at a Time: Theorising Human Trafficking, Modern Slavery, and Technology, 14 Anti Trafficking Review 16-32 (2020).
23 Karen L Corrie, Could the International Criminal Court Strategically Prosecute Modern Day Slavery? 14 Journal of International Criminal Justice (2016).
Victims of cyber slavery also face severe stigmatization from the Indian society due to their lack of understanding and awareness regarding those coercive circumstances which led to their exploitation. They are also treated as criminals who willingly participated in the unlawful and illegal activities, thereby enforcing social ostracization and discrimination. This societal judgment not only impedes their recovery and reconciliation with the society, it also hinders their willingness to seek legal aid and other necessary support services. As a result, many such instances go unreported and unaccounted for. Additionally, as mentioned above, victims are forced to take out hefty sums of money to pay off the agents, who facilitate the travel.
Since most of the victims, originate from unprivileged backgrounds, they are forced to take loans from informal sources of credit who charge high rates of interest. Unable to repay their loans, they are forced to stay back in captivity in order to earn money which will help them pay off the loans. The most concerning issue is the pervasive corruption and bribery24 infiltrating all levels of government in countries where cyber slavery compounds are located. Numerous reports highlight the close connections between high-ranking government officials, including heads of state, and crime syndicates operating in the Asia Pacific region. Law enforcement agencies in these states also partake in corruption, often resulting in escaped victims being returned to their captors in exchange for rewards.
This claim is substantiated by many individuals who have suffered from such injustices and neglect by the country’s law enforcement officials25. In conclusion, cyber slavery requires a multifaceted and coordinated international response due to significant challenges such as anonymity provided by technologies like proxy servers and the dark web, jurisdictional limitations, and pervasive corruption. Lax visa regulations in Southeast Asian countries facilitate the movement of individuals into regions with high cyber slavery activity, further complicated by societal stigma and financial exploitation faced by victims. The collusion between high-ranking officials and crime syndicates, alongside bribery within law enforcement, undermines rescue efforts and perpetuates exploitation.
THE INDIAN RESPONSE
24Mely Caballero-Anthony, A Hidden Scourge: Human Trafficking in Southeast Asia, 55 Finance and Development 18-21 (2018).
25 Ibid.9
As of July, 2024, the response to the worrisome issue of cyber slavery from the Indian government have gradually gained traction over the last three months. In April 2024, the Ministry of External Affairs published an advisory warning26 to Indian citizens travelling to South East Asian countries in pursuit of employment opportunities. Subsequently, the National Investigation Agency have also launched concerted efforts with the State Police Forces to crackdown on the individuals and agencies who act as intermediaries facilitating the logistics and recruitment of victims from India. The Cyber Diplomacy Division of the Ministry of External Affairs facilitates diplomatic discussions and concerted efforts on matters concerning cyber security, data protection and cybercrimes.
The National Critical Information Infrastructure Protection Centre (NCIIPC) and the Indian Computer Emergency Response Team (CERT-In) have proactively participated in providing regular updates to the division on incidents of cyber slavery. The data and information provided by these agencies serve as a crucial form of invoking efforts to curtail cybercrimes through diplomacy and united efforts in a global forum. The Ministry has also established an Overseas Workers Resource Centre, which operates as a 24/7 helpline to individuals working abroad. It also provides resources and essential information to such individuals and their families during times of crisis. The Central Government has also allocated a hefty budget of Rs.
1550 crores27 for the upcoming financial year to improve cyber-security by the strengthening of critical online system and data relating to the personal information of individuals. The Indian Computer Emergency Response Team (CERT-In), which is the foremost authority in the combat against cyber-crimes have been allocated a budget of Rs. 238 crores. The government has approved of a continuous investment plan wherein Rs. 10,500 crores will be invested into this field of cybersecurity and Artificial Intelligence.
THE INDIAN LAW
The newly enacted Bharatiya Nyaya Sanhita, 2024, has in fact brought significant changes 26PRESS RELEASE, MINISTRY OF EXTERNAL AFFAIRS, Advisory for Indian nationals intending to visit Cambodia (Apr. 04, 2024) https://www.mea.gov.in/pressreleases.htm?dtl/37762/Advisory_for_Indian_nationals_travelling_to_Cambodia_for_employment - 04 - APRIL - 2024
27 Subham Tiwari, Budget 2024 turbocharges cybersecurity, AI projects, India Today, (July 24, 2024).
which can help in successfully capturing the culprits that form this criminal enterprise. The new penal code extends its scope of application to areas outside the territorial jurisdiction of India. This allows the law to prosecute individuals residing outside the country for offenses that involve aiding or abetting crimes committed within India. Another notable shift in the legislation is its gender-neutral language, especially in the context of victims and perpetrators, contrasting the IPC's male-centric view of offenders. The Act has addressed various elements of crimes which encompass the act of cyber slavery. Unlike its predecessor, the Act has come to recognize “organized crime” under Section 11128 as an offence, which enables law enforcement authorities to charge individuals under acts of crime that aren’t recognized or covered under the scope of the Act.
Any such crime syndicates which cause the death of an individual shall be punished with a life imprisonment or a death sentence with a fine of Rs. 10 lakhs & in any other case, the Act mandates a minimum sentence of five years. Moreover, the Act has also heightened the punishment for abduction, kidnapping and wrongful confinement of individuals, extending from a minimum of ten years to life imprisonment. Section 14329 explicitly deals with the trafficking of individuals which has mandated a minimum sentence of ten years if the accused is found guilty of the offence. Section 140 (3) 30also mandates a minimum punishment of seven years if the accused has been convicted of an offence constituting the intent to cause wrongful confinement.
Section 14531 also criminalizes the act of habitual dealing in slaves and any individual convicted of such an offence shall face imprisonment of not less than ten years but can extend to a life imprisonment depending on the gravity and nature of the offence. The Immoral Traffic (Prevention) Act, 1956 32seems rather outdated in its enactment, as it largely deals with only the trafficking of individuals more, specifically the women, for the sole purpose of sexual exploitation. An individual may be charged under the sections of the Act;
28 Bharatiya Nyaya Sanhita, 2023, § 111, Acts of Parliament, 2023 (India)
29 Bharatiya Nyaya Sanhita, 2023, § 143, Acts of Parliament, 2023 (India)
30 Bharatiya Nyaya Sanhita, 2023, § 140(3), Acts of Parliament, 2023 (India)
31 Bharatiya Nyaya Sanhita, 2023, § 145, Acts of Parliament, 2023 (India)
32 The Immoral Traffic (Prevention) Act, 1956, Acts of Parliament, 1956 (India)
however, the scope of its application remains a mystery as most victims of cyber slavery are men, who are trafficked for purposes other than sexual exploitation. The Information Technology Act, 2000, initially enacted to combat cybercrime, has struggled to keep pace with evolving technologies and modern forms of crime, resulting in its inadequacy to address contemporary cyber threats effectively. The legislation enlists merely one provision under Section 66 D33 that penalises offences which constitute the usage of computer resources to cheat individuals by personation and prescribes imprisonment which may be extended to three years along with a fine. Apart from this, there seem to be no other relevant provision which specifically addresses the other elements of cyber slavery.
CONCLUSION
Cyber slavery poses a disturbing evolution of exploitation. Crime syndicates have weaponized mass media and modern technology to control, manipulate and oppress individuals by covert means. Such forms of exploitation have further scope of development as it completely rides on the proliferation of the cyberspace. While the internet has made the world a smaller place, it has however, provided an easier avenue for cyber scammers to pervasively intrude and provoke unsuspecting users into aiding or abetting forced online criminality, under the guise of anonymity. A call, message or offer for a dream job or an opportunity to find work in foreign nation, shall
always find takers without any suspicion being raised whatsoever. This careless attitude is further provoked by the high standards set out by the society. All these characteristics mentioned above are inherently present within the Indian society, thus making the nation increasingly vulnerable to the potent threat of cyber slavery. India lacks a robust framework of rules and regulations that govern crimes on the cyber space. Added with the issue of jurisdictional challenges, outdated technologies and the absence of a proper law enforcement authority, the problem of cyber slavery remains a tough nut to crack. It is imperative to encourage interactions between technical experts and policy makers in order to foster inter disciplinary collaboration and innovative legal frameworks, not just on the domestic level but on an international level. This also requires substantial investments into
33 Information Technology Act, 2000, § 66 D, Acts of Parliament, 2000 (India)
technological tools and the development of emerging fields such as artificial intelligence, which can play a significant role in the combatting cyber-crimes on the global platform. States must also collaborate transparently to ensure that jurisdictional challenges do not prevent the prosecution of actual culprits under the applicable laws. A central cybercrime unit should be established to investigate cyber offenses, along with state-level subsidiaries to enhance efficiency and coordination in addressing cybercrime across India. They must also be adequately trained and be provided with the necessary resources in their pursuits.
The government of India should temporarily suspend relaxations on visa-free travel to Southeast Asian nations to monitor visitors more effectively and maintain comprehensive records of individuals traveling to these countries, facilitating the identification of potential victims. Cyber Slavery is a three headed monster, constituting of forced labour, trafficking and cybercrime. By confronting the multifaceted challenges posed by the crime, we can strive to create a safer and more equitable digital environment that upholds the dignity and rights of all individuals.
REFERENCES
ARTICLES:
1. Hai Thanh Luong, Transnational Crime and Its Trends in South-East Asia: A Detailed
Narrative in Vietnam, International Journal for Crime, Justice & Social Democracy (2020).
2. Filipe Breda, Hugo Barbosa, Telmo Silva Morais, “Social Engineering & Cyber
Security”, ResearchGate, (2017)
3. Sanja Milivojevic, Heather Moore, Marie Segrave, Freeing the Modern Slaves, One
Click at a Time: Theorising Human Trafficking, Modern Slavery, and Technology, 14 Anti Trafficking Review 16-32 (2020).
4. Karen L Corrie, Could the International Criminal Court Strategically Prosecute
Modern Day Slavery? 14 Journal of International Criminal Justice (2016).
ONLINE BLOGS AND NEWSPAPER ARTICLES:
1. Mahender Singh Manral, 5000 Indians forced into cyber-slavery in Cambodia, MHA
discusses rescue strategy, The New Indian Express, (Apr. 29, 2024).
2. Philip Conneller, Cambodia Online Gaming Boom Officially Over as Prohibition
Enforcement Kicks In, Casino.org (Jan. 2, 2020), https://www.casino.org/news/cambodia-online-gaming-boom-officially-over-asprohibition-kicks-in/.
3. Ken Dilanian, With ‘pig butchering’ scams on the rise, FBI moves to stop the bleeding,
NBC News, (Feb. 5, 2024).
4. Su-Lin Tan, Asia-Pacific is new ‘ground zero’ for cybercrime as scammers stay ahead
of law: ‘they’re sophisticated’, South China Morning Post, (Nov. 24, 2023).
5. Shaun Turton, Cyber slavery: inside Cambodia's online scam gangs, Nikkei Asia,
(Sept. 1, 2021).
6. Suruchi Kapur-Gomes, Web of Slavery, The New Indian Express, (Apr. 7, 2024).
7. Mary Ann Jolley, Meet Cambodia's Cyber Slaves, Aljazeera, (Aug. 11, 2022).
8. Rishita Khanna, In just two months, Bengaluru loses Rs 240 crore to cybercrime, The
New Indian Express, (Apr. 17, 2024).
9. IANS, Why Indians don't want to be Indian citizens anymore, The Economic Times,
(July 1, 2023).
10. Subham Tiwari, Budget 2024 turbocharges cybersecurity, AI projects, India Today,
(July 24, 2024).
REPORTS & PRESS RELEASES
1. Global Estimates of Modern Slavery Forced Labour and Forced Marriage Report,
International Labour Organisation, September 2022
2. PRESS RELEASE, UNITED NATIONS HUMAN RIGHTS OFFICE OF THE HIGH
COMMISSIONER, Hundreds of thousands trafficked to work as online scammers in SE Asia, says UN report, (Aug. 29, 2023), https://www.ohchr.org/en/pressreleases/2023/08/hundreds-thousands-trafficked-work-online-scammers-se-asia-saysun-report - 29 – AUGUST – 2023.
3. Internet Adoption in India Report, Internet & Mobile Association of India (IAMAI),
(Jun. 2020),
4. Crime in India Report, National Crime Records Bureau (NCRB), 2022
5. PRESS RELEASE, MINISTRY OF EXTERNAL AFFAIRS, Advisory for Indian
nationals intending to visit Cambodia (Apr. 04, 2024) https://www.mea.gov.in/pressreleases.htm?dtl/37762/Advisory_for_Indian_nationals_travelling_to_Cambodia_for _employment - 04 - APRIL - 2024
ACTS & CONVENTIONS
1. United Nations Office on Drugs and Crime, UNITED NATIONS CONVENTION
AGAINST TRANSNATIONAL ORGANIZED CRIME AND THE PROTOCOLS
THERETO (2004).
2. Bharatiya Nyaya Sanhita, 2023, Acts of Parliament, 2023 (India)
3. The Immoral Traffic (Prevention) Act, 1956, Acts of Parliament, 1956 (India)
4. Information Technology Act, 2000, § 66 D, Acts of Parliament, 2000 (India)