Neutral Citation Number: 2023:DHC:2806
indexing such links when it comes to its knowledge that such content is
illegal. This Court finds the suggestion untenable that the user/victim must
approach either the intermediary in question or the Courts every single time
the NCII content is duplicated. Such a suggestion also frustrates the
legislative intent behind the IT Rules which devises a time-bound schedule
in removal of such content. An approach that entails the victim/user having
to sift through the internet to identify and then share every URL hosting
their NCII is unconscionable in the eyes of this Court.
Offending Entities Possess the Requisite Technology
53.
Moreover, search engines cannot hide under the garb of not
possessing the adequate technology to remove NCII content which has been
reported without the victim/user having to approach the intermediary again
and again. As per the Affidavit of Google LLC, hash-matching technology,
which generates a unique identifier/fingerprint/hash, exists for the purpose
of removing CSAM. This technology further allows detection and removal
of the matched content that has previously been removed. For the purposes
of removal of NCII, once such content has been identified and removed, the
hash-matching technology can store only the unique identifier pertaining to
the NCII content and in the event that such content is re-uploaded, it can
filter out the same by going through its database of such fingerprints. A
similar tool has already been built by Meta, available on www.stopncii.org
to curtail the spread of NCII, and it can be used by the victim to create a
unique fingerprint of the offending image which is stored in the database to
prevent re-uploads. The tool is meant to compare this fingerprint (or hash)
with the hashes of all the other images available on the site; if any image is
Signature Not Verified
Digitally Signed
By:SHAZAAD ZAKIR
Signing Date:26.04.2023
17:19:50
W.P.(CRL) 1505/2021
Page 78 of 88
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents