Can Victims Of Porn Phishing Hacking Sue Facebook?

JAKARTA - In recent days, Facebook has been in the spotlight. The cause is mass tagging of pornography which has led to account hacks. Just so you know, if we become victims, we can sue Facebook.

The hackers' mode is also known as phishing (tricking). Phishing is an attempt to extract key information from a user of digital services, including social media, electronic mail, and even credit cards.

The use of pornographic content is done to attract users to enter. Later, after logging in, the victim will be lured into accessing certain links, even retyping passwords and other confidential information.

Mass tagging is a common feature on Facebook. However, there are things users can do to anticipate this. Remember, there is no guarantee of security for our activities on any digital platform. Every one of our activities is at risk.

Facebook itself provides settings to display or not mass tagging content. Facebook users are advised to change the notification settings for the accounts that tag them.

Users simply click the bell or notification icon in the top right corner. After that, click on the three dots icon on the right and select notification settings. Then click the sign menu, then change to the friend option to avoid tags from unknown people's accounts.

[SERIES WRITING: No Privacy for Personal Data]

The Ministry of Communication and Informatics (Kominfo) has spoken out regarding this incident. Kominfo operates a crawling machine or Ais to ward off negative content on social media.

"The results of the Facebook investigation show that mass tagging occurs randomly and is not targeted at specific individuals, and is a phishing attempt in which users are directed to access the tagged link to them," said Kominfo spokesman Dedy Permadi, Monday, April 26th.

Furthermore, he said that currently Facebook has removed the pages involved in this phishing attempt. Facebook also blocks suspicious links from being posted on the Facebook platform.

In order to avoid phishing attempts, Kominfo urges the public not to access suspicious links or messages, and to maintain account security. "In addition, maintaining account security by re-ensuring security and privacy settings on all their social media accounts, chat applications and e-mails."

[SERIES WRITING: No Privacy for Personal Data]

Chairman of the Indonesia Cyber Law Community (ICLC), Teguh Arifiyadi, said this mode was unsettling and dangerous. The derivative of this kind of phishing, later stolen accounts can be traded, including for advertising and promotional purposes.

Or worse, later accounts can be accessed to commit fraud. This action is included in the criminal realm and is regulated in Article 30 of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE).

"Hacking even though not to steal data, including in the act of taking over is illegal access, violates Article 30 paragraphs 1 to 3, with a maximum of 3 years imprisonment. So far, the legal instruments are quite complete, but it is not easy to find the perpetrators with a specific mode, it takes a long and in-depth investigation, ”Teguh, quoted by Hukum Online, Friday, April 30.

If hacking causes harm to the victim, then Facebook is the party that deserves to be responsible. Hacked victims can sue Facebook in a civil suit for compensation. The compensation has been regulated in Article 15 of the ITE Law.

Even so, there are notes. Article 15 Paragraph (3) provides an exception, that the platform can release responsibility from compensation if negligence is on the user's side.

"So in Article 15 of the ITE Law, the platform must be responsible. But in Article 15 paragraph 3 there are exceptions in terms of accountability that can be ignored if there is negligence on the part of the user, "Teguh.

"If phishing can be negligence from the user or platform. If negligence from the platform is obligatory responsibility, and the user must be able to prove that there is a weakness of the platform that can provide hacks to enter. A lawsuit can be filed in a civil manner in the event of losses related to legal liability . "

In the regulatory sector, there must be a monitoring mechanism, especially to equalize perceptions when data leaks occur. There must be clear standards.

For example, what happens if a data leak occurs and what the data owner should do when the leak occurs. That way every incident can be handled more clearly.

The government also needs to disseminate this to stakeholders, including platforms, education actors, and users about digital security. Law enforcement must also be ensured without compromise in order to have a deterrent effect in such cases.

* Read other information about SOCIAL MEDIA or read other interesting articles from Aditya Fajar Indrawan and Yudhistira Mahabharata.