Centre Designates I4C as an Agency to Notify Unlawful Activities in the Cyber World

Introduction

With the increasing reliance on digital technologies in the banking industry, cyber threats have become a significant concern. Cyberlaw plays a crucial role in safeguarding the banking sector from cybercrimes and ensuring the security and integrity of financial systems.

The banking industry has witnessed a rapid digital transformation, enabling convenient services and greater access to financial resources. However, this digitalisation also exposes the industry to cyber threats, necessitating the formulation and implementation of effective cyber law frameworks.

Recent Trends in the Banking Industry

Digital Transformation: The banking industry has embraced digital technologies, such as mobile banking, internet banking, and financial apps, to enhance customer experience and operational efficiency.

Open Banking: The concept of open banking has gained prominence, enabling data sharing between banks and third-party service providers, which introduces new cyber risks.

How Cyber Law Helps the Banking Sector

The banking sector and cyber crime share an unspoken synergy due to the mass digitisation of banking services. Thanks to QR codes, UPI and online banking payments, India is now home to 40% of global online banking transactions. Some critical aspects of the cyber law and banking sector are as follows:

Data Protection: Cyberlaw mandates banks to implement robust data protection measures, including encryption, access controls, and regular security audits, to safeguard customer data.

Incident Response and Reporting: Cyberlaw requires banks to establish incident response plans, promptly report cyber incidents to regulatory authorities, and cooperate in investigations.

Customer Protection: Cyberlaw enforces regulations related to online banking fraud, identity theft, and unauthorised transactions, ensuring that customers are protected from cybercrimes.

Legal Framework: Cyberlaw provides a legal foundation for digitalisation in the banking sector, assuring customers that regulations protect their digital transactions and data.

Cybersecurity Training and Awareness: Cyberlaw encourages banks to conduct regular training programs and create awareness among employees and customers about cyber threats, safe digital practices, and reporting procedures.

RBI Guidelines

The RBI, as India’s central banking institution, has issued comprehensive guidelines to enhance cyber resilience in the banking industry. These guidelines address various aspects, including:

Technology Risk Management

Cyber Security Framework

IT Governance

Cyber Crisis Management Plan

Incident Reporting and Response

Recent Trends in Banking Sector Frauds and the Role of Cyber Law

Phishing Attacks: Cyberlaw helps banks combat phishing attacks by imposing penalties on perpetrators and mandating preventive measures like two-factor authentication.

Insider Threats: Cyberlaw regulations emphasise the need for stringent access controls, employee background checks, and legal consequences for insiders involved in fraudulent activities.

Ransomware Attacks: Cyberlaw frameworks assist banks in dealing with ransomware attacks by enabling legal actions against hackers and promoting preventive measures, such as regular software updates and data backups.

Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs)

Draft of Master Directions on Cyber Resilience and Digital Payment Security Controls for Payment System Operators (PSOs) issued by the Reserve Bank of India (RBI). The directions provide guidelines and requirements for PSOs to improve the safety and security of their payment systems, with a focus on cyber resilience. These guidelines for PSOs include mobile payment service providers like Paytm or digital wallet payment platforms.

Here are the highlights-

The Directions aim to improve the safety and security of payment systems operated by PSOs by providing a framework for overall information security preparedness, with an emphasis on cyber resilience.

The Directions apply to all authorised non-bank PSOs.

PSOs must ensure adherence to these Directions by unregulated entities in their digital payments ecosystem, such as payment gateways, third-party service providers, vendors, and merchants.

The PSO’s Board of Directors is responsible for ensuring adequate oversight over information security risks, including cyber risk and cyber resilience. A sub-committee of the Board may be delegated with primary oversight responsibilities.

PSOs must formulate a Board-approved Information Security (IS) policy that covers roles and responsibilities, measures to identify and manage cyber security risks, training and awareness programs, and more.

PSOs should have a distinct Board-approved Cyber Crisis Management Plan (CCMP) to detect, contain, respond, and recover from cyber threats and attacks.

A senior-level executive, such as a Chief Information Security Officer (CISO), should be responsible for implementing the IS policy and the cyber resilience framework and assessing the overall information security posture of the PSO.

PSOs need to define Key Risk Indicators (KRIs) and Key Performance Indicators (KPIs) to identify potential risk events and assess the effectiveness of security controls. The sub-committee of the Board is responsible for monitoring these indicators.

PSOs should conduct a cyber risk assessment when launching new products, services, technologies, or significant changes to existing infrastructure or processes.

PSOs, including inventory management, identity and access management, network security, application security life cycle, security testing, vendor risk management, data security, patch and change management life cycle, incident response, business continuity planning, API security, employee awareness and training, and other security measures should implement various baseline information security measures and controls.

PSOs should ensure that payment transactions involving debit to accounts conducted electronically are permitted only through multi-factor authentication, except where explicitly permitted/relaxed.

Conclusion

The relationship between cyber law and the banking industry is crucial in ensuring a secure and trusted digital environment. Recent trends indicate that cyber threats are evolving and becoming more sophisticated. Compliance with cyber law provisions and adherence to guidelines such as those provided by the RBI is essential for banks to protect themselves and their customers from cybercrimes. By embracing robust cyber law frameworks, the banking industry can foster a resilient ecosystem that enables innovation while safeguarding the interests of all stakeholders or users.

Introduction

In 2019 India got its bill on Data protection in the form of the Personal Data Protection Bill 2019. This bill focused on digital rights and duties pertaining to data privacy. However, the bill was scrapped by the Govt in mid-2022, and a new bill was drafted, Successor bill was introduced as the Digital Personal Data Protection Bill, 2022 on 18th November 2022, which was made open for public comments and consultations and now the bill is expected to be tabled at the parliament in the Monsoon session.

What is DPDP, 2022?

Digital Personal Data Protection Bill, is the lasted draft regulation for data privacy in India. The bill has been essentially focused towards data protection by companies and the keep aspect of Puttaswamy judgement of data privacy as a fundamental right has been upheld under the scope of the bill. The bill comes after nearly 150 recommendations which the parliamentary committee made when the PDP, 2019 was scrapped.

The bill highlights the following keen aspects-

• Data Fiduciary- The entity (an individual, company, firm, state, etc.) which decides the purpose and means of processing an individual’s personal data.
• Data Principle- The individual to whom personal data is related.
• Processing- The entire cycle of operations that can be carried out concerning personal data.
• Gender Neutrality- For the first time in India’s legislative history, “her” and “she” have been used to refer to individuals irrespective of gender.
• Right to Erase Data- Data principals will have the right to demand the erasure and correction of data collected by the data fiduciary.
• Cross-border data transfer- The bill allows cross-border data after an assessment of relevant factors by the Central Government.
• Children’s Rights- The bill guarantees the right to digital privacy under the protection of parents/guardians.
• Heavy Penalties- The bill enforces heavy penalties for non-compliance with the provisions, not exceeding Rs 500 crore.

Data Protection Board

The bill lays down provisions for setting up a Data Protection Board. This board will be an independent body acting solely on the factors of data privacy and protection of the data principles and maintaining compliance by data fiduciaries. The board will be headed by a chairperson of essential and relevant qualifications, and members and various other officials shall assist him/her under the board. The board will serve grievance redressal to the data principles and can conduct investigation, inquiry, proceeding, and pass orders equivalent to a Civil court. The proceeding will be undertaken on the principle of natural justice, and the aggrieved can file an appeal to the High Court of appropriate jurisdiction.

Global Comparison

Many countries have data protection laws that regulate the processing of personal data. Some of the notable examples include:

• European Union: The EU’s General Data Protection Regulation (GDPR) is one of the world’s most comprehensive data protection laws. It regulates public and private entities’ processing of personal data and gives individuals a wide range of rights over their personal data.
• United States: The US has several data protection laws that apply to specific sectors or types of data, such as health data (HIPAA) or financial data (Gramm-Leach-Bliley Act). However, there is no comprehensive federal data protection law in the US.
• Japan: Japan’s Personal Information Protection Act (PIPA) regulates the handling of personal data by private entities and gives individuals certain rights over their personal data.
• Australia: Australia’s Privacy Act 1988 regulates the handling of personal data by public and private entities and gives individuals certain rights over their personal data.
• Brazil: Brazil’s General Data Protection Law (LGPD) regulates the processing of personal data by public and private entities and gives individuals certain rights over their personal data. It also imposes heavy fines and penalties on entities that violate the provisions of the law.

Overall, while there are some similarities in data protection laws across countries, there are also significant differences in scope, applicability, and enforcement. It is important for organisations to understand the data protection laws that apply to their operations and take appropriate steps to comply with these laws.

Parliamentary Asscent

The case of violation of the privacy policy by WhatsApp at the Hon’ble Supreme Court resulted in a significant advocacy for Data privacy as a fundamental right, and it was held that, as suggested otherwise in the privacy policy, Whatsapp was sharing its user’s data with Meta. This massive breach of trust could have led to data mismanagement affecting thousands of Indian users. The Hon’ble Supreme Court has taken due consideration of data privacy and its challenges in India and asked the Govt to table the bill in Parliament. The bill will be tabled for discussion in the monsoon session. The Supreme Court has set up a constitutional bench to check the bill’s scope, extent and applications and provide its judicial oversight.  The constitution bench of Justices KM Joseph, Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar has fixed the matter for hearing in August in order to enforce the potential changes and amendments in the act post the parliamentary discussion.

Conclusion

India is the world’s largest democracy, so the crucial aspects of passing laws and amendments have always been followed by the government and kept under check by the judiciary. The discussion over bills is a crucial part of the democratic process, and bills as important as Digital Personal Data Protection need to be discussed and analysed thoroughly in both houses of Parliament to ensure the govt passes a sustainable and efficient law.

Introduction

Advanced deepfake technology blurs the line between authentic and fake. To ascertain the credibility of the content it has become important to differentiate between genuine and manipulated or curated online content highly shared on social media platforms. AI-generated fake voice clone, videos are proliferating on the Internet and social media. There is the use of sophisticated AI algorithms that help manipulate or generate synthetic multimedia content such as audio, video and images. As a result, it has become increasingly difficult to differentiate between genuine, altered, or fake multimedia content. McAfee Corp., a well-known or popular global leader in online protection, has recently launched an AI-powered deepfake audio detection technology under Project “Mockingbird” intending to safeguard consumers against the surging threat of fabricated or AI-generated audio or voice clones to dupe people for money or unauthorisly obtaining their personal information. McAfee Corp. announced its AI-powered deepfake audio detection technology, known as Project Mockingbird, at the Consumer Electronics Show, 2024.

What is voice cloning?

To create a voice clone of anyone's, audio can be deeplyfaked, too, which closely resembles a real voice but, in actuality, is a fake voice created through deepfake technology. 

Emerging Threats: Cybercriminal Exploitation of Artificial Intelligence in Identity Fraud, Voice Cloning, and Hacking Acceleration

AI is used for all kinds of things from smart tech to robotics and gaming. Cybercriminals are misusing artificial intelligence for rather nefarious reasons including voice cloning to commit cyber fraud activities. Artificial intelligence can be used to manipulate the lips of an individual so it looks like they're saying something different, it could also be used for identity fraud to make it possible to impersonate someone for a remote verification for your bank and it also makes traditional hacking more convenient. Cybercriminals have been misusing advanced technologies such as artificial intelligence, which has led to an increase in the speed and volume of cyber attacks, and that's been the theme in recent times.

Technical Analysis

To combat Audio cloning fraudulent activities, McAfee Labs has developed a robust AI model that precisely detects artificially generated audio used in videos or otherwise.

• Context-Based Recognition: Contextual assessment is used by technological devices to examine audio components in the overall setting of an audio. It improves the model's capacity to recognise discrepancies suggestive of artificial intelligence-generated audio by evaluating its surroundings information.
• Conductual Examination: Psychological detection techniques examine linguistic habits and subtleties, concentrating on departures from typical individual behaviour. Examining speech patterns, tempo, and pronunciation enables the model to identify artificially or synthetically produced material.
• Classification Models: Auditory components are categorised by categorisation algorithms for detection according to established traits of human communication. The technology differentiates between real and artificial intelligence-synthesized voices by comparing them against an extensive library of legitimate human speech features.
• Accuracy Outcomes: McAfee Labs' deepfake voice recognition solution, which boasts an impressive ninety per cent success rate, is based on a combined approach incorporating psychological, context-specific, and categorised identification models. Through examining audio components in the larger video context and examining speech characteristics, such as intonation, rhythm, and pronunciation, the system can identify discrepancies that could be signs of artificial intelligence-produced audio. Categorical models make an additional contribution by classifying audio information according to characteristics of known human speech. This all-encompassing strategy is essential for precisely recognising and reducing the risks connected to AI-generated audio data, offering a strong barrier against the growing danger of deepfake situations.
• Application Instances: The technique protects against various harmful programs, such as celebrity voice-cloning fraud and misleading content about important subjects.

Conclusion

It is important to foster ethical and responsible consumption of technology. Awareness of common uses of artificial intelligence is a first step toward broader public engagement with debates about the appropriate role and boundaries for AI. Project Mockingbird by Macafee employs AI-driven deepfake audio detection to safeguard against cyber criminals who are using fabricated AI-generated audio for scams and manipulating the public image of notable figures, protecting consumers from financial and personal information risks. 

References:

• https://www.cnbctv18.com/technology/mcafee-deepfake-audio-detection-technology-against-rise-in-ai-generated-misinformation-18740471.htm
• https://www.thehindubusinessline.com/info-tech/mcafee-unveils-advanced-deepfake-audio-detection-technology/article67718951.ece
• https://lifestyle.livemint.com/smart-living/innovation/ces-2024-mcafee-ai-technology-audio-project-mockingbird-111704714835601.html
• https://news.abplive.com/fact-check/audio-deepfakes-adding-to-cacophony-of-online-misinformation-abpp-1654724