Centre Proposes New Bills for Criminal Law
Introduction
Criminal justice in India is majorly governed by three laws which are – Indian Penal Code, Criminal Procedure Code and Indian Evidence Act. The centre, on 11th August 2023’ Friday, proposes a new bill in parliament Friday, which is replacing the country’s major criminal laws, i.e. Indian Penal Code, Criminal Procedure Code and Indian Evidence Act.
The following three bills are being proposed to replace major criminal laws in the country:
- The Bharatiya Nyaya Sanhita Bill, 2023 to replace Indian Penal Code 1860.
- The Bharatiya Nagrik Suraksha Sanhita Bill, 2023, to replace The Code Of Criminal Procedure, 1973.
- The Bharatiya Sakshya Bill, 2023, to replace The Indian Evidence Act 1872.
Cyber law-oriented view of the new shift in criminal lawNotable changes:Bharatiya Nyaya Sanhita Bill, 2023 Indian Penal Code 1860.
Way ahead for digitalisation
The new laws aim to enhance the utilisation of digital services in court systems, it facilitates online registration of FIR, Online filing of the charge sheet, serving summons in electronic mode, trial and proceedings in electronic mode etc. The new bills also allow the virtual appearance of witnesses, accused, experts, and victims in some instances. This shift will lead to the adoption of technology in courts and all courts to be computerised in the upcoming time.
Enhanced recognition of electronic records
With the change in lifestyle in terms of the digital sphere, significance is given to recognising electronic records as equal to paper records.
Conclusion
The criminal laws of the country play a significant role in establishing law & order and providing justice. The criminal laws of India were the old laws existing under British rule. There have been several amendments to criminal laws to deal with the growing crimes and new aspects. However, there was a need for well-established criminal laws which are in accordance with the present era. The step of the legislature by centralising all criminal laws in their new form and introducing three bills is a good approach which will ultimately strengthen the criminal justice system in India, and it will also facilitate the use of technology in the court system.
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March 3rd 2023, New Delhi: If you have received any message that contains a link asking users to download an application to avail Income Tax Refund or KYC benefits with the name of Income Tax Department or reputed Banks, Beware!
CyberPeace Foundation and Autobot Infosec Private Limited along with the academic partners under CyberPeace Center of Excellence (CCoE) recently conducted five different studies on phishing campaigns that have been circulating on the internet by using misleading tactics to convince users to install malicious applications on their devices. The first campaign impersonates the Income Tax Department, while the rest of the campaigns impersonate ICICI Bank, State Bank of India, IDFC Bank and Axis bank respectively. The phishing campaigns aim to trick users into divulging their personal and financial information.
After a detailed study, the research team found that:
- All campaigns appear to be an offer from reputed entities, however hosted on third-party domains instead of the official website of the Income Tax Department or the respective Banks, raising suspicion.
- The applications ask several access permissions of the device. Moreover some of them seek users to provide full control of the device. Allowing such access permission could result in a complete compromise of the system, including access to sensitive information such as microphone recordings, camera footage, text messages, contacts, pictures, videos, and even banking applications.
- Cybercriminals created malicious applications using icons that closely resemble those of legitimate entities with the intention of enticing users into downloading the malicious applications.
- The applications collect user’s personal and banking information. Getting into this type of trap could lead users to face significant financial losses.
- While investigating the impersonated Income Tax Department’s application, the Research team identified the application sends http traffic to a remote server which acts as a Command and Control (CnC/C2) for the application.
- Customers who desire to avail benefits or refunds from respective banks, download relevant apps, believing that the chosen app will assist them. However, they are not always aware that the app may be fraudulent.
“The Research highlights the importance of being vigilant while browsing the internet and not falling prey to such phishing attacks. It is crucial to be cautious when clicking on links or downloading attachments from unknown sources, as they may contain malware that can harm the device or compromise the data.” spokesperson, CyberPeace added.
In addition to this in an earlier report released in last month, the same research team had drawn attention to the WhatsApp messages masquerading as an offer from Tanishq Jewellers with links luring unsuspecting users with the promise of free valentine’s day presents making the rounds on the app.
CyberPeace Advisory:
- The Research team recommends that people should avoid opening such messages sent via social platforms. One must always think before clicking on such links, or downloading any attachments from unauthorised sources.
- Downloading any application from any third party sources instead of the official app store should be avoided. This will greatly reduce the risk of downloading a malicious app, as official app stores have strict guidelines for app developers and review each app before it gets published on the store.
- Even if you download the application from an authorised source, check the app’s permissions before you install it. Some malicious apps may request access to sensitive information or resources on your device. If an app is asking for too many permissions, it’s best to avoid it.
- Keep your device and the app-store app up to date. This will ensure that you have the latest security updates and bug fixes.
- Falling into such a trap could result in a complete compromise of the system, including access to sensitive information such as microphone recordings, camera footage, text messages, contacts, pictures, videos, and even banking applications and could lead users to financial loss.
- Do not share confidential details like credentials, banking information with such types of Phishing scams.
- Never share or forward fake messages containing links on any social platform without proper verification.
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Introduction
In India, the rights of children with regard to protection of their personal data are enshrined under the Digital Personal Data Protection Act, 2023 which is the newly enacted digital personal data protection law of India. The DPDP Act requires that for the processing of children's personal data, verifiable consent of parents or legal guardians is a necessary requirement. If the consent of parents or legal guardians is not obtained then it constitutes a violation under the DPDP Act. Under section 2(f) of the DPDP act, a “child” means an individual who has not completed the age of eighteen years.
Section 9 under the DPDP Act, 2023
With reference to the collection of children's data section 9 of the DPDP Act, 2023 provides that for children below 18 years of age, consent from Parents/Legal Guardians is required. The Data Fiduciary shall, before processing any personal data of a child or a person with a disability who has a lawful guardian, obtain verifiable consent from the parent or the lawful guardian. Section 9 aims to create a safer online environment for children by limiting the exploitation of their data for commercial purposes or otherwise. By virtue of this section, the parents and guardians will have more control over their children's data and privacy and they are empowered to make choices as to how they manage their children's online activities and the permissions they grant to various online services.
Section 9 sub-section (3) specifies that a Data Fiduciary shall not undertake tracking or behavioural monitoring of children or targeted advertising directed at children. However, section 9 sub-section (5) further provides room for exemption from this prohibition by empowering the Central Government which may notify exemption to specific data fiduciaries or data processors from the behavioural tracking or target advertising prohibition under the future DPDP Rules which are yet to be announced or released.
Impact on social media platforms
Social media companies are raising concerns about Section 9 of the DPDP Act and upcoming Rules for the DPDP Act. Section 9 prohibits behavioural tracking or targeted advertising directed at children on digital platforms. By prohibiting intermediaries from tracking a ‘child's internet activities’ and ‘targeted advertising’ - this law aims to preserve children's privacy. However, social media corporations contended that this limitation adversely affects the efficacy of safety measures intended to safeguard young users, highlighting the necessity of monitoring specific user signals, including from minors, to guarantee the efficacy of safety measures designed for them.
Social media companies assert that tracking teenagers' behaviour is essential for safeguarding them from predators and harmful interactions. They believe that a complete ban on behavioural tracking is counterproductive to the government's objectives of protecting children. The scope to grant exemption leaves the door open for further advocacy on this issue. Hence it necessitates coordination with the concerned ministry and relevant stakeholders to find a balanced approach that maintains both privacy and safety for young users.
Furthermore, the impact on social media platforms also extends to the user experience and the operational costs required to implement the functioning of the changes created by regulations. This also involves significant changes to their algorithms and data-handling processes. Implementing robust age verification systems to identify young users and protect their data will also be a technically challenging step for the various scales of platforms. Ensuring that children’s data is not used for targeted advertising or behavioural monitoring also requires sophisticated data management systems. The blanket ban on targeted advertising and behavioural tracking may also affect the personalisation of content for young users, which may reduce their engagement with the platform.
For globally operating platforms, aligning their practices with the DPDP Act in India while also complying with data protection laws in other countries (such as GDPR in Europe or COPPA in the US) can be complex and resource-intensive. Platforms might choose to implement uniform global policies for simplicity, which could impact their operations in regions not governed by similar laws. On the same page, competitive dynamics such as market shifts where smaller or niche platforms that cater specifically to children and comply with these regulations may gain a competitive edge. There may be a drive towards developing new, compliant ways of monetizing user interactions that do not rely on behavioural tracking.
CyberPeace Policy Recommendations
A balanced strategy should be taken into account which gives weightage to the contentions of social media companies as well as to the protection of children's personal information. Instead of a blanket ban, platforms can be obliged to follow and encourage openness in advertising practices, ensuring that children are not exposed to any misleading or manipulative marketing techniques. Self-regulation techniques can be implemented to support ethical behaviour, responsibility, and the safety of young users’ online personal information through the platform’s practices. Additionally, verifiable consent should be examined and put forward in a manner which is practical and the platforms have a say in designing the said verification. Ultimately, this should be dealt with in a manner that behavioural tracking and targeted advertising are not affecting the children's well-being, safety and data protection in any way.
Final Words
Under section 9 of the DPDP Act, the prohibition of behavioural tracking and targeted advertising in case of processing children's personal data - will compel social media platforms to overhaul their data collection and advertising practices, ensuring compliance with stricter privacy regulations. The legislative intent behind this provision is to enhance and strengthen the protection of children's digital personal data security and privacy. As children are particularly vulnerable to digital threats due to their still-evolving maturity and cognitive capacities, the protection of their privacy stands as a priority. The innocence of children is a major cause for concern when it comes to digital access because children simply do not possess the discernment and caution required to be able to navigate the Internet safely. Furthermore, a balanced approach needs to be adopted which maintains both ‘privacy’ and ‘safety’ for young users.
References
- https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
- https://www.firstpost.com/tech/as-govt-of-india-starts-preparing-rules-for-dpdp-act-social-media-platforms-worried-13789134.html#google_vignette
- https://www.business-standard.com/industry/news/social-media-platforms-worry-new-data-law-could-affect-child-safety-ads-124070400673_1.html
Executive Summary:
The viral social media posts circulating several photos of Indian Army soldiers eating their lunch in the extremely hot weather near the border area in Barmer/ Jaisalmer, Rajasthan, have been detected as AI generated and proven to be false. The images contain various faults such as missing shadows, distorted hand positioning and misrepresentation of the Indian flag and soldiers body features. The various AI generated tools were also used to validate the same. Before sharing any pictures in social media, it is necessary to validate the originality to avoid misinformation.
Claims:
The photographs of Indian Army soldiers having their lunch in extreme high temperatures at the border area near to the district of Barmer/Jaisalmer, Rajasthan have been circulated through social media.
Fact Check:
Upon the study of the given images, it can be observed that the images have a lot of similar anomalies that are usually found in any AI generated image. The abnormalities are lack of accuracy in the body features of the soldiers, the national flag with the wrong combination of colors, the unusual size of spoon, and the absence of Army soldiers’ shadows.
Additionally it is noticed that the flag on Indian soldiers’ shoulder appears wrong and it is not the traditional tricolor pattern. Another anomaly, soldiers with three arms, strengtheness the idea of the AI generated image.
Furthermore, we used the HIVE AI image detection tool and it was found that each photo was generated using an Artificial Intelligence algorithm.
We also checked with another AI Image detection tool named Isitai, it was also found to be AI-generated.
After thorough analysis, it was found that the claim made in each of the viral posts is misleading and fake, the recent viral images of Indian Army soldiers eating food on the border in the extremely hot afternoon of Badmer were generated using the AI Image creation tool.
Conclusion:
In conclusion, the analysis of the viral photographs claiming to show Indian army soldiers having their lunch in scorching heat in Barmer, Rajasthan reveals many anomalies consistent with AI-generated images. The absence of shadows, distorted hand placement, irregular showing of the Indian flag, and the presence of an extra arm on a soldier, all point to the fact that the images are artificially created. Therefore, the claim that this image captures real-life events is debunked, emphasizing the importance of analyzing and fact-checking before sharing in the era of common widespread digital misinformation.
- Claim: The photo shows Indian army soldiers having their lunch in extreme heat near the border area in Barmer/Jaisalmer, Rajasthan.
- Claimed on: X (formerly known as Twitter), Instagram, Facebook
- Fact Check: Fake & Misleading
