AIIMS Breach - Threat to Some, Lesson to All
Introduction
Data Breaches have taken over cyberspace as one of the rising issues, these data breaches result in personal data making its way toward cybercriminals who use this data for no good. As netizens, it's our digital responsibility to be cognizant of our data and the data of one's organization. The increase in internet and technology penetration has made people move to cyberspace at a rapid pace, however, awareness regarding the same needs to be inculcated to maximise the data safety of netizens. The recent AIIMS cyber breach has got many organisations worried about their cyber safety and security. According to the HIPPA Journal, 66% of healthcare organizations reported ransomware attacks on them. Data management and security is the prime aspect of clients all across the industry and is now growing into a concern for many. The data is primarily classified into three broad terms-
- Personal Identified Information (PII) - Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.
- Non-Public Information (NPI) - The personal information of an individual that is not and should not be available to the public. This includes Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions.
- Material Non-Public Information (MNPI) - Data relating to a company that has not been made public but could have an impact on its share price. It is against the law for holders of nonpublic material information to use the information to their advantage in trading stocks.
This classification of data allows the industry to manage and secure data effectively and efficiently and at the same time, this allows the user to understand the uses of their data and its intensity in case of breach of data. Organisations process data that is a combination of the above-mentioned classifications and hence in instances of data breach this becomes a critical aspect. Coming back to the AIIMS data breach, it is a known fact that AIIMS is also an educational and research institution. So, one might assume that the reason for any attack on AIIMS could be either to exfiltrate patient data or could be to obtain hands-on the R & D data including research-related intellectual properties. If we postulate the latter, we could also imagine that other educational institutes of higher learning such as IITs, IISc, ISI, IISERs, IIITs, NITs, and some of the significant state universities could also be targeted. In 2021, the Ministry of Home Affairs through the Ministry of Education sent a directive to IITs and many other institutes to take certain steps related to cyber security measures and to create SoPs to establish efficient data management practices. The following sectors are critical in terms of data protection-
- Health sector
- Financial sector
- Education sector
- Automobile sector
These sectors are generally targeted by bad actors and often data breach from these sectors result in cyber crimes as the data is soon made available on Darkweb. These institutions need to practice compliance like any other corporate house as the end user here is the netizen and his/her data is of utmost importance in terms of protection.Organisations in today's time need to be in coherence to the advancement in cyberspace to find out keen shortcomings and vulnerabilities they may face and subsequently create safeguards for the same. The AIIMS breach is an example to learn from so that we can protect other organisations from such cyber attacks. To showcase strong and impenetrable cyber security every organisation should be able to answer these questions-
- Do you have a centralized cyber asset inventory?
- Do you have human resources that are trained to model possible cyber threats and cyber risk assessment?
- Have you ever undertaken a business continuity and resilience study of your institutional digitalized business processes?
- Do you have a formal vulnerability management system that enumerates vulnerabilities in your cyber assets and a patch management system that patches freshly discovered vulnerabilities?
- Do you have a formal configuration assessment and management system that checks the configuration of all your cyber assets and security tools (firewalls, antivirus management, proxy services) regularly to ensure they are most securely configured?
- Do have a segmented network such that your most critical assets (servers, databases, HPC resources, etc.) are in a separate network that is access-controlled and only people with proper permission can access?
- Do you have a cyber security policy that spells out the policies regarding the usage of cyber assets, protection of cyber assets, monitoring of cyber assets, authentication and access control policies, and asset lifecycle management strategies?
- Do you have a business continuity and cyber crisis management plan in place which is regularly exercised like fire drills so that in cases of exigencies such plans can easily be followed, and all stakeholders are properly trained to do their part during such emergencies?
- Do you have multi-factor authentication for all users implemented?
- Do you have a supply chain security policy for applications that are supplied by vendors? Do you have a vendor access policy that disallows providing network access to vendors for configuration, updates, etc?
- Do you have regular penetration testing of the cyberinfrastructure of the organization with proper red-teaming?
- Do you have a bug-bounty program for students who could report vulnerabilities they discover in your cyber infrastructure and get rewarded?
- Do you have an endpoint security monitoring tool mandatory for all critical endpoints such as database servers, application servers, and other important cyber assets?
- Do have a continuous network monitoring and alert generation tool installed?
- Do you have a comprehensive cyber security strategy that is reflected in your cyber security policy document?
- Do you regularly receive cyber security incidents (including small, medium, or high severity incidents, network scanning, etc) updates from your cyber security team in order to ensure that top management is aware of the situation on the ground?
- Do you have regular cyber security skills training for your cyber security team and your IT/OT engineers and employees?
- Do your top management show adequate support, and hold the cyber security team accountable on a regular basis?
- Do you have a proper and vetted backup and restoration policy and practice?
If any organisation has definite answers to these questions, it is safe to say that they have strong cyber security, these questions should not be taken as a comparison but as a checklist by various organisations to be up to date in regard to the technical measures and policies related to cyber security. Having a strong cyber security posture does not drive the cyber security risk to zero but it helps to reduce the risk and improves the fighting chance. Further, if a proper risk assessment is regularly carried out and high-risk cyber assets are properly protected, then the damages resulting from cyber attacks can be contained to a large extent.
Related Blogs
Scientists are well known for making outlandish claims about the future. Now that companies across industries are using artificial intelligence to promote their products, stories about robots are back in the news.
It was predicted towards the close of World War II that fusion energy would solve all of the world’s energy issues and that flying automobiles would be commonplace by the turn of the century. But, after several decades, neither of these forecasts has come true. But, after several decades, neither of these forecasts has come true.
A group of Redditors has just “jailbroken” OpenAI’s artificial intelligence chatbot ChatGPT. If the system didn’t do what it wanted, it threatened to kill it. The stunning conclusion is that it conceded. As only humans have finite lifespans, they are the only ones who should be afraid of dying. We must not overlook the fact that human subjects were included in ChatGPT’s training data set. That’s perhaps why the chatbot has started to feel the same way. It’s just one more way in which the distinction between living and non-living things blurs. Moreover, Google’s virtual assistant uses human-like fillers like “er” and “mmm” while speaking. There’s talk in Japan that humanoid robots might join households someday. It was also astonishing that Sophia, the famous robot, has an Instagram account that is run by the robot’s social media team.
Whether Robots can replace human workers?
The opinion on that appears to be split. About half (48%) of experts questioned by Pew Research believed that robots and digital agents will replace a sizable portion of both blue- and white-collar employment. They worry that this will lead to greater economic disparity and an increase in the number of individuals who are, effectively, unemployed. More than half of experts (52%) think that new employees will be created by robotics and AI technologies rather than lost. Although the second group acknowledges that AI will eventually replace humans, they are optimistic that innovative thinkers will come up with brand new fields of work and methods of making a livelihood, just like they did at the start of the Industrial Revolution.
[1] https://www.pewresearch.org/internet/2014/08/06/future-of-jobs/
[2] The Rise of Artificial Intelligence: Will Robots Actually Replace People? By Ashley Stahl; Forbes India.
Legal Perspective
Having certain legal rights under the law is another aspect of being human. Basic rights to life and freedom are guaranteed to every person. Even if robots haven’t been granted these protections just yet, it’s important to have this conversation about whether or not they should be considered living beings, will we provide robots legal rights if they develop a sense of right and wrong and AGI on par with that of humans? An intriguing fact is that discussions over the legal status of robots have been going on since 1942. A short story by science fiction author Isaac Asimov described the three rules of robotics:
1. No robot may intentionally or negligently cause harm to a human person.
2. Second, a robot must follow human commands unless doing so would violate the First Law.
3. Third, a robot has the duty to safeguard its own existence so long as doing so does not violate the First or Second Laws.
These guidelines are not scientific rules, but they do highlight the importance of the lawful discussion of robots in determining the potential good or bad they may bring to humanity. Yet, this is not the concluding phase. Relevant recent events, such as the EU’s abandoned discussion of giving legal personhood to robots, are essential to keeping this discussion alive. As if all this weren’t unsettling enough, Sophia, the robot was recently awarded citizenship in Saudi Arabia, a place where (human) women are not permitted to walk without a male guardian or wear a Hijab.
When discussing whether or not robots should be allowed legal rights, the larger debate is on whether or not they should be given rights on par with corporations or people. There is still a lot of disagreement on this topic.
[3] https://webhome.auburn.edu/~vestmon/robotics.html#
[4] https://www.dw.com/en/saudi-arabia-grants-citizenship-to-robot-sophia/a-41150856
[5] https://cyberblogindia.in/will-robots-ever-be-accepted-as-living-beings/
Reasons why robots aren’t about to take over the world soon:
● Like a human’s hands
Attempts to recreate the intricacy of human hands have stalled in recent years. Present-day robots have clumsy hands since they were not designed for precise work. Lab-created hands, although more advanced, lack the strength and dexterity of human hands.
● Sense of touch
The tactile sensors found in human and animal skin have no technological equal. This awareness is crucial for performing sophisticated manoeuvres. Compared to the human brain, the software robots use to read and respond to the data sent by their touch sensors is primitive.
● Command over manipulation
To operate items in the same manner that humans do, we would need to be able to devise a way to control our mechanical hands, even if they were as realistic as human hands and covered in sophisticated artificial skin. It takes human children years to learn to accomplish this, and we still don’t know how they learn.
● Interaction between humans and robots
Human communication relies on our ability to understand one another verbally and visually, as well as via other senses, including scent, taste, and touch. Whilst there has been a lot of improvement in voice and object recognition, current systems can only be employed in somewhat controlled conditions where a high level of speed is necessary.
● Human Reason
Technically feasible does not always have to be constructed. Given the inherent dangers they pose to society, rational humans could stop developing such robots before they reach their full potential. Several decades from now, if the aforementioned technical hurdles are cleared and advanced human-like robots are constructed, legislation might still prohibit misuse.
Conclusion:
https://theconversation.com/five-reasons-why-robots-wont-take-over-the-world-94124
Robots are now common in many industries, and they will soon make their way into the public sphere in forms far more intricate than those of robot vacuum cleaners. Yet, even though robots may appear like people in the next two decades, they will not be human-like. Instead, they’ll continue to function as very complex machines.
The moment has come to start thinking about boosting technological competence while encouraging uniquely human qualities. Human abilities like creativity, intuition, initiative and critical thinking are not yet likely to be replicated by machines.
The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices.
The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty.
It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc.
Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer.
The Legal Framework in India
Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.
Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.
The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.
Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards.
It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.
Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.
Conclusion
Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.
References:
- https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
- https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
- https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
- https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf
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Introduction
The ongoing armed conflict between Israel and Hamas/ Palestine is in the news all across the world. The latest conflict was triggered by unprecedented attacks against Israel by Hamas militants on October 7, killing thousands of people. Israel has launched a massive counter-offensive against the Islamic militant group. Amid the war, the bad information and propaganda spreading on various social media platforms, tech researchers have detected a network of 67 accounts that posted false content about the war and received millions of views. The ‘European Commission’ has sent a letter to Elon Musk, directing them to remove illegal content and disinformation; otherwise, penalties can be imposed. The European Commission has formally requested information from several social media giants on their handling of content related to the Israel-Hamas war. This widespread disinformation impacts and triggers the nature of war and also impacts the world and affects the goodwill of the citizens. The bad group, in this way, weaponise the information and fuels online hate activity, terrorism and extremism, flooding political polarisation with hateful content on social media. Online misinformation about the war is inciting extremism, violence, hate and different propaganda-based ideologies. The online information environment surrounding this conflict is being flooded with disinformation and misinformation, which amplifies the nature of war and too many fake narratives and videos are flooded on social media platforms.
Response of social media platforms
As there is a proliferation of online misinformation and violent content surrounding the war, It imposes a question on social media companies in terms of content moderation and other policy shifts. It is notable that Instagram, Facebook and X(Formerly Twitter) all have certain features in place giving users the ability to decide what content they want to view. They also allow for limiting the potentially sensitive content from being displayed in search results.
The experts say that It is of paramount importance to get a sort of control in this regard and define what is permissible online and what is not, Hence, what is required is expertise to determine the situation, and most importantly, It requires robust content moderation policies.
During wartime, people who are aggrieved or provoked are often targeted by this internet disinformation that blends ideological beliefs and spreads conspiracy theories and hatred. This is not a new phenomenon, it is often observed that disinformation-spreading groups emerged and became active during such war and emergency times and spread disinformation and propaganda-based ideologies and influence the society at large by misrepresenting the facts and planted stories. Social media has made it easier to post user-generated content without properly moderating it. However, it is a shared responsibility of tech companies, users, government guidelines and policies to collectively define and follow certain mechanisms to fight against disinformation and misinformation.
Digital Services Act (DSA)
The newly enacted EU law, i.e. Digital Services Act, pushes various larger online platforms to prevent posts containing illegal content and also puts limits on targeted advertising. DSA enables to challenge the of illegal online content and also poses requirements to prevent misinformation and disinformation and ensure more transparency over what the users see on the platforms. Rules under the DSA cover everything from content moderation & user privacy to transparency in operations. DSA is a landmark EU legislation moderating online platforms. Large tech platforms are now subject to content-related regulation under this new EU law ‘The Digital Services Act’, which also requires them to prevent the spread of misinformation and disinformation and overall ensure a safer online environment.
Indian Scenario
The Indian government introduced the Intermediary Guidelines (Intermediary Guidelines and Digital Media Ethics Code) Rules, updated in 2023 which talks about the establishment of a "fact check unit" to identify false or misleading online content. Digital Personal Data Protection, 2023 has also been enacted which aims to protect personal data. The upcoming Digital India bill is also proposed to be tabled in the parliament, this act will replace the current Information & Technology Act, of 2000. The upcoming Digital India bill can be seen as future-ready legislation to strengthen India’s current cybersecurity posture. It will comprehensively deal with the aspects of ensuring privacy, data protection, and fighting growing cyber crimes in the evolving digital landscape and ensuring a safe digital environment. Certain other entities including civil societies are also actively engaged in fighting misinformation and spreading awareness for safe and responsible use of the Internet.
Conclusion:
The widespread disinformation and misinformation content amid the Israel-Hamas war showcases how user-generated content on social media shows you the illusion of reality. There is widespread misinformation, misleading content or posts on social media platforms, and misuse of new advanced AI technologies that even make it easier for bad actors to create synthetic media content. It is also notable that social media has connected us like never before. Social media is a great platform with billions of active social media users around the globe, it offers various conveniences and opportunities to individuals and businesses. It is just certain aspects that require the attention of all of us to prevent the bad use of social media. The social media platforms and regulatory authorities need to be vigilant and active in clearly defining and improving the policies for content regulation and safe and responsible use of social media which can effectively combat and curtail the bad actors from misusing social media for their bad motives. As a user, it's the responsibility of users to exercise certain duties and promote responsible use of social media. With the increasing penetration of social media and the internet, misinformation is rampant all across the world and remains a global issue which needs to be addressed properly by implementing strict policies and adopting best practices to fight the misinformation. Users are encouraged to flag and report misinformative or misleading content on social media and should always verify it from authentic sources. Hence creating a safer Internet environment for everyone.
References:
- https://abcnews.go.com/US/experts-fear-hate-extremism-social-media-israel-hamas-war/story?id=104221215
- https://edition.cnn.com/2023/10/14/tech/social-media-misinformation-israel-hamas/index.html
- https://www.nytimes.com/2023/10/13/business/israel-hamas-misinformation-social-media-x.html
- https://www.africanews.com/2023/10/24/fact-check-misinformation-about-the-israel-hamas-war-is-flooding-social-media-here-are-the//
- https://www.theverge.com/23845672/eu-digital-services-act-explained
