CONSUMERS, TECHNOLOGY AND THE LAW: REGULATING TECHNOLOGY FOR CONSUMER SAFETY
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
Related Blogs
Introduction
In the wake of the Spy Loan scandal, more than a dozen malicious loan apps were downloaded on Android phones from the Google Play Store, However, the number is significantly higher because they are also available on third-party marketplaces and questionable websites.
Unmasking the Scam
When a user borrows money, these predatory lending applications capture large quantities of information from their smartphone, which is then used to blackmail and force them into returning the total with hefty interest levels. While the loan amount is disbursed to users, these predatory loan apps request sensitive information by granting access to the camera, contacts, messages, logs, images, Wi-Fi network details, calendar information, and other personal information. These are then sent to loan shark servers.
The researchers have disclosed facts about the applications used by loan sharks to mislead consumers, as well as the numerous techniques used to circumvent some of the limitations imposed on the Play Store. Malware is often created with appealing user interfaces and promotes simple and rapid access to cash with high-interest payback conditions. The revelation of the Spy Loan scandal has triggered an immediate response from law enforcement agencies worldwide. There is an urgency to protect millions of users from becoming victims of malicious loan apps, it has become extremely important for law enforcement to unmask the culprits and dismantle the cyber-criminal network.
Aap’s banned: here is the list of the apps banned by Google Play Store :
- AA Kredit: इंस्टेंट लोन ऐप (com.aa.kredit.android)
- Amor Cash: Préstamos Sin Buró (com.amorcash.credito.prestamo)
- Oro Préstamo – Efectivo rápido (com.app.lo.go)
- Cashwow (com.cashwow.cow.eg)
- CrediBus Préstamos de crédito (com.dinero.profin.prestamo.credito.credit.credibus.loan.efectivo.cash)
- ยืมด้วยความมั่นใจ – ยืมด่วน (com.flashloan.wsft)
- PréstamosCrédito – GuayabaCash (com.guayaba.cash.okredito.mx.tala)
- Préstamos De Crédito-YumiCash (com.loan.cash.credit.tala.prestmo.fast.branch.mextamo)
- Go Crédito – de confianza (com.mlo.xango)
- Instantáneo Préstamo (com.mmp.optima)
- Cartera grande (com.mxolp.postloan)
- Rápido Crédito (com.okey.prestamo)
- Finupp Lending (com.shuiyiwenhua.gl)
- 4S Cash (com.swefjjghs.weejteop)
- TrueNaira – Online Loan (com.truenaira.cashloan.moneycredit)
- EasyCash (king.credit.ng)
- สินเชื่อปลอดภัย – สะดวก (com.sc.safe.credit)
Risks with several dimensions
SpyLoan's loan application violates Google's Financial Services policy by unilaterally shortening the repayment period for personal loans to a few days or any other arbitrary time frame. Additionally, the company threatens users with public embarrassment and exposure if they do not comply with such unreasonable demands.
Furthermore, the privacy rules presented by SpyLoan are misleading. While ostensibly reasonable justifications are provided for obtaining certain permissions, they are very intrusive practices. For instance, camera permission is ostensibly required for picture data uploads for Know Your Customer (KYC) purposes, and access to the user's calendar is ostensibly required to plan payment dates and reminders. However, both of these permissions are dangerous and can potentially infringe on users' privacy.
Prosecution Strategies and Legal Framework
The law enforcement agencies and legal authorities initiated prosecution strategies against the individuals who are involved in the Spy Loan Scandal, this multifaced approach involves international agreements and the exploration of innovative legal avenues. Agencies need to collaborate with International agencies to work on specific cyber-crime, leveraging the legal frameworks against digital fraud furthermore, the cross-border nature of the spy loan operation requires a strong legal framework to exchange information, extradition requests, and the pursuit of legal actions across multiple jurisdictions.
Legal Protections for Victims: Seeking Compensation and Restitution
As the legal battle unfolds in the aftermath of the Spy loan scam the focus shifts towards the victims, who suffer financial loss from such fraudulent apps. Beyond prosecuting culprits, the pursuit of justice should involve legal safeguards for victims. Existing consumer protection laws serve as a crucial shield for Spy Loan victims. These laws are designed to safeguard the rights of individuals against unfair practices.
Challenges in legal representation
As the legal hunt for justice in the Spy Loan scam progresses, it encounters challenges that demand careful navigation and strategic solutions. One of the primary obstacles in the legal pursuit of the Spy loan app lies in the jurisdictional complexities. Within the national borders, it’s quite challenging to define the jurisdiction that holds the authority, and a unified approach in prosecuting the offenders in various regions with the efforts of various government agencies.
Concealing the digital identities
One of the major challenges faced is the anonymity afforded by the digital realm poses a challenge in identifying and catching the perpetrators of the scam, the scammers conceal their identity and make it difficult for law enforcement agencies to attribute to actions against the individuals, this challenge can be overcome by joint effort by international agencies and using the advance digital forensics and use of edge cutting technology to unmask these scammers.
Technological challenges
The nature of cyber threats and crime patterns are changing day by day as technology advances this has become a challenge for legal authorities, the scammers explore vulnerabilities, making it essential, for law enforcement agencies to be a step ahead, which requires continuous training of cybercrime and cyber security.
Shaping the policies to prevent future fraud
As the scam unfolds, it has become really important to empower users by creating more and more awareness campaigns. The developers of the apps need to have a transparent approach to users.
Conclusion
It is really important to shape the policies to prevent future cyber frauds with a multifaced approach. Proposals for legislative amendments, international collaboration, accountability measures, technology protections, and public awareness programs all contribute to the creation of a legal framework that is proactive, flexible, and robust to cybercriminals' shifting techniques. The legal system is at the forefront of this effort, playing a critical role in developing regulations that will protect the digital landscape for years to come.
Safeguarding against spyware threats like SpyLoan requires vigilance and adherence to best practices. Users should exclusively download apps from official sources, meticulously verify the authenticity of offerings, scrutinize reviews, and carefully assess permissions before installation.
References
.webp)
Overview:
WazirX is the platform for cryptocurrencies, based in India that has been hacked, and it made a loss of more than $230 million in cryptocurrency. This case concerned an unauthorized transaction with a multisignature or multisig, wallet controlled through Liminal’a digital asset management platform. These attacking incidents have thereafter raised more questions on the security of the Cryptocurrency exchanges and efficiency of the existing policies and laws.
Wallet Configuration and Security Measures
This wallet was breached and had a multisig setting meaning that more than one signature was needed to authorize a transaction. Specifically, it had six signatories: five are funded by WazirX and one is funded by Liminal. Every transaction needed the approval of at least three signatories of WazirX, all of whom had addressed security concerns by using Ledger’s hardware wallets; while the Liminal, too, had a signatory, for approval.
To further increase the level of security of the transactions, a whitelisting policy was introduced, only limited addresses were authorized to receive funds. This system was rather vulnerable, and the attackers managed to grasp the discrepancy between the information available through Liminal’s interface and the content of the transaction to seize unauthorized control over the wallet and implement the theft.
Modus Operandi: Attack Mechanics
The cyber attack appears to have been carefully carried out, with preliminary investigations suggesting the following tactics:
- Payload Manipulation: The attackers apparently substituted the transaction’s payload during signing; hence, they can reroute the collected funds into an unrelated wallet.
- Chain Hopping: To make it much harder to track their movements, the attackers split large amounts of money across multiple blockchains and broke tens of thousands of dollars into thousands of transactions involving different cryptocurrencies. This technique makes it difficult to trace people and things.
- Zero Balance Transactions: There were also some instances where it ended up with no Ethereum (ETH) in the balance and such wallets also in use for the purpose of further anonymization of the transactions.
- Analysis of the blockchain data suggested the enemy might have been making the preparations for this attack for several days prior to their attack and involved a high amount of planning.
Actions taken by WazirX:
Following the attack, WazirX implemented a series of immediate actions:
- User Notifications: The users were immediately notified of the occurrence of the breach and the possible risk it posed to them.
- Law Enforcement Engagement: The matters were reported to the National Cyber Crime Reporting Portal and specific authorities of which the Financial Intelligence Unit (FIU) and the Computer Emergency Response Team (CERT-In).
- Service Suspension: WazirX had suspended all its trading operations and user deposits’ and withdrawals’ to minimize further cases and investigate.
- Global Outreach: The exchange contacted more than 500 cryptocurrency exchanges and requested to blacklist the wallet’s addresses linked to the theft.
- Bounty Program: A bounty program was announced to encourage people to share information that can enable the authorities to retrieve the stolen money. A maximum of 23 million dollars was placed on the bounty.
Further Investigations
WazirX stated that it has contracted the services of cybersecurity professionals to help in the prosecution process of identifying and compensating for the losses. The exchange is still investigating the forensic data and working with the police for tracking the stolen assets. Nevertheless, the prospects of full recovery may be quite questionable primarily because of complexity of the attack and the methods used by the attackers.
Precautionary measures:
The WazirX cyber attack clearly implies that there is the necessity to improve the security and the regulation of the cryptocurrency industry. As exchanges become increasingly targeted by hackers, there is a pressing need for:
- Stricter Security Protocols: The commitment to technical innovations, such as integration of MFA, as well as constant monitoring of the users’ wallets’ activities.
- Regulatory Oversight: Formalization of the laws that require proper security for the cryptocurrency exchange platforms to safeguard their users as well as their investments.
- Community Awareness: To bypass such predicaments, there is a need to study on emergent techniques in spreading awareness, particularly in cases of scams or phishing attempts that are likely to follow such breaches.
Conclusion:
The cyber attack on WazirX in the field of cryptocurrency market, shows weaknesses and provides valuable lessons for enhancing the security. This attack highlights critical vulnerabilities in cryptocurrency exchanges, even though employing advanced security measures like multisignature wallets and whitelisting policies. The attack's complexity, involving payload manipulation, chain hopping, and zero balance transactions, underscores the attackers' meticulous planning and the challenges in tracing stolen assets. This case brings a strong message regarding the necessity of solid security measures, and constant attention to security in the rapidly growing world of digital assets. Furthermore, the incident highlights the importance of community awareness and education on emerging threats like scams and phishing attempts, which usually follow such breaches. By fostering a culture of vigilance and knowledge, the cryptocurrency community can better defend against future attacks.
Reference:
https://wazirx.com/blog/important-update-cyber-attack-incident-and-measures-to-protect-your-assets/
https://www.linkedin.com/pulse/wazirx-cyberattack-in-depth-analysis-jyqxf
.webp)
Introduction
MEITY’s Indian Computer Emergency Response Team (CERT-In) in collaboration with SISA, a global leader in forensics-driven cyber security company, launched the ‘Certified Security Professional for Artificial Intelligence’ (CSPAI) program on 23rd September. This initiative marks the first of its kind ANAB-accredited AI security certification. The CSPAI also complements global AI governance efforts. International efforts like the OECD AI Principles and the European Union's AI Act, which aim to regulate AI technologies to ensure fairness, transparency, and accountability in AI systems are the sounding board for this initiative.
About the Initiative
The Certified Security Professional for Artificial Intelligence (CSPAI) is the world’s first ANAB-accredited certification program that focuses on Cyber Security for AI. The collaboration between CERT-In and SISA plays a pivotal role in shaping AI security policies. Such partnerships between the public and private players bridge the gap between government regulatory needs and the technological expertise of private players, creating comprehensive and enforceable AI security policies. The CSPAI has been specifically designed to integrate AI and GenAI into business applications while aligning security measures to meet the unique challenges that AI systems pose. The program emphasises the strategic application of Generative AI and Large Language Models in future AI deployments. It also highlights the significant advantages of integrating LLMs into business applications.
The program is tailored for security professionals to understand the do’s and don’ts of AI integration into business applications, with a comprehensive focus on sustainable practices for securing AI-based applications. This is achieved through comprehensive risk identification and assessment frameworks recommended by ISO and NIST. The program also emphasises continuous assessment and conformance to AI laws across various nations, ensuring that AI applications adhere to standards for trustworthy and ethical AI practices.
Aim of the Initiative
As AI technology integrates itself to become an intrinsic part of business operations, a growing need for AI security expertise across industries is visible. Keeping this thought in the focal point, the accreditation program has been created to equip professionals with the knowledge and tools to secure AI systems. The CSPAI program aims to make a safer digital future while creating an environment that fosters innovation and responsibility in the evolving cybersecurity landscape focusing on Generative AI (GenAI) and Large Language Models (LLMs).
Conclusion
This Public-Private Partnership between the CERT-In and SISA, which led to the creation of the Certified Security Professional for Artificial Intelligence (CSPAI) represents a groundbreaking initiative towards AI and its responsible usage. CSPAI can be seen as an initiative addressing the growing demand for cybersecurity expertise in AI technologies. As AI becomes more embedded in business operations, the program aims to equip security professionals with the knowledge to assess, manage, and mitigate risks associated with AI applications. CSPAI as a programme aims to promote trustworthy and ethical AI usage by aligning with frameworks from ISO and NIST and ensuring adherence to AI laws globally. The approach is a significant step towards creating a safer digital ecosystem while fostering responsible AI innovation. This certification will significantly impact the healthcare, finance, and defence sectors, where AI is rapidly becoming indispensable. By ensuring that AI applications meet the requirements of security and ethical standards in these sectors, CSPAI can help build public trust and encourage broader AI adoption.
References
- https://pib.gov.in/PressReleasePage.aspx?PRID=2057868
- https://www.sisainfosec.com/training/payment-data-security-programs/cspai/
- https://timesofindia.indiatimes.com/business/india-business/cert-in-and-sisa-launch-ai-security-certification-program-to-integrate-ai-into-business-applications/articleshow/113622067.cms
