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
As e-sports flourish in India, mobile gaming platforms and apps have contributed massively to this boom. The wave of online mobile gaming has led to a new recognition of esports. As we see the Sports Ministry being very proactive for e-sports and e-athletes, it is pertinent to ensure that we do not compromise our cyber security for the sake of these games. When we talk about online mobile gaming, the most common names that come to our minds are PUBG and BGMI. As news for all Indian gamers, BGMI is set to be relaunched in India after approval from the Ministry of Electronics and Information Technology.
Why was BGMI banned?
The Govt banned Battle Ground Mobile India on the pretext of being a Chinese application and the fact that all the data was hosted in China itself. This caused a cascade of compliance and user safety issues as the Data was stored outside India. Since 2020 The Indian Govt has been proactive in banning Chinese applications, which might have an adverse effect on national security and Indian citizens. Nearly 200 plus applications have been banned by the Govt, and most of them were banned due to their data hubs being in China. The issue of cross-border data flow has been a key issue in Geo-Politics, and whoever hosts the data virtually owns it as well and under the potential threat of this fact, all apps hosting their data in China were banned.
Why is BGMI coming back?
BGMI was banned for not hosting data in India, and since the ban, the Krafton Inc.-owned game has been engaging in Idnai to set up data banks and servers to have a separate gaming server for Indian players. These moves will lead to a safe gaming ecosystem and result in better adherence to the laws and policies of the land. The developers have not declared a relaunch date yet, but the game is expected to be available for download for iOS and Android users in the coming few days. The game will be back on app stores as a letter from the Ministry of Electronics and Information Technology has been issued stating that the games be allowed and made available for download on the respective app stores.
Grounds for BGMI
BGMI has to ensure that they comply with all the laws, policies and guidelines in India and have to show the same to the Ministry to get an extension on approval. The game has been permitted for only 90 days (3 Months). Hon’ble MoS Meity Rajeev Chandrashekhar stated in a tweet “This is a 3-month trial approval of #BGMI after it has complied with issues of server locations and data security etc. We will keep a close watch on other issues of User harm, Addiction etc., in the next 3 months before a final decision is taken”. This clearly shows the magnitude of the bans on Chinese apps. The ministry and the Govt will not play the soft game now, it’s all about compliance and safeguarding the user’s data.
Way Forward
This move will play a significant role in the future, not only for gaming companies but also for other online industries, to ensure compliance. This move will act as a precedent for the issue of cross-border data flow and the advantages of data localisation. It will go a long way in advocacy for the betterment of the Indian cyber ecosystem. Meity alone cannot safeguard the space completely, it is a shared responsibility of the Govt, industry and netizens.
Conclusion
The advent of online mobile gaming has taken the nation by storm, and thus, being safe and secure in this ecosystem is paramount. The provisional permission form BGMI shows the stance of the Govt and how it is following the no-tolerance policy for noncompliance with laws. The latest policies and bills, like the Digital India Act, Digital Personal Data Protection Act, etc., will go a long way in securing the interests and rights of the Indian netizen and will create a blanket of safety and prevention of issues and threats in the future.
Introduction
In the rapidly evolving landscape of cyber threats, a novel menace has surfaced the concept of Digital Arrest. The impostors impersonating law enforcement officers deceive the victims into believing that their bank account, SIM card, Aadhaar card, or bank card has been used unlawfully. They coerce victims into paying them money. Digital Arrest involves the virtual restraint of individuals. These suspensions can vary from restricted access to the account(s), and digital platforms, to implementing measures to prevent further digital activities or being restrained on video calling or being monitored through video calling. In the era of digitisation where the technology is growing on an exponential phase, various existing loopholes are being utilised by the wrongdoers which has given rise to this sinister trend known as “digital arrest fraud”. In this scam, the defrauder manipulates the victims, who impersonate law enforcement officials and further traps the victims into a web of deception involving threats of imminent digital restraint and coerced financial transactions.
Recognizing the Danger of Digital Arrest
A recent case involving an interactive voice response (IVR) call that targeted a victim sheds light on the complexities of the "digital arrest" cybercrime. The victim was notified by the scammers—who were pretending to be law enforcement officers—that a SIM card in her name had apparently been utilised in a criminal incident in Mumbai. The call proceeded to a video conversation with an FBI agent who falsely accused her of being involved in money laundering. The victim was forced into a web of dishonesty because she now believed she was involved in a criminal case, underscoring the psychological manipulation these hackers were using.
Recent incidents of digital arrest fraud
- Recently, a complaint was registered at the Noida Cyber Crime Police Station made by a 50-year-old victim, who was deceived of over Rs 11 lakh and exposed to "digital arrest". By using the identities of an IPS officer in the CBI and the founder of an airline that was grounded, the attackers, masquerading as law enforcement officers, falsely accused the victim of being involved in a fake money-laundering case. She was told that she had another SIM card in her name that was used for fraudulent activities in Mumbai. The complaint made by the victim asserted “Victim’s call was transferred to a person (who identified himself as a Mumbai Police officer) who conducted the initial interrogation over the call and then on Skype VC, where she stayed from 9:30 AM to around 7 in the evening. The woman ended up transferring around ₹11.11 lakh. The scammers then ended contact with her, after which she realised she had been scammed.
- Another recent case of digital arrest fraud came from Faridabad. Where a 23-year-old girl got a call from a fraudster posing as a Lucknow customs officer. The caller said that a package was being shipped to Cambodia that included cards and passports associated with the victim's Aadhaar number. The victim was forced to believe that she was a part of illegal activity, which included trafficking in humans. Under the guise of police officials, the hackers made up allegations before extorting money from the victim. After that, she was told by a man acting as a CBI official that she needed to pay five per cent of the total which was Rs 15 lakh. She said the cybercriminals instructed her not to log off Skype. In the meantime, she ended up transferring Rs 2.5 lakh to a bank account shared by cybercriminals.
Measures to protect oneself from digital arrest
Sustaining a practical and observant approach towards cybersecurity is the key to lowering the peril of being targeted and experiencing digital arrest. Following are certain best practices for ensuring the same:
- Cyber Hygiene: This includes maintaining cyber hygiene by regularly updating passwords, and software and also enabling two-factor authentications to reduce the chances of unauthorized access.
- Phishing Attempts: These can be evaded by refraining from clicking on dubious links or downloading attachments from unknown sources and also authenticating the legitimacy of emails and messages before sharing any personal information.
- Secured devices: By installing reputable antivirus and anti-malware solutions and keeping operating systems and applications up to date with the latest security protocols.
- Virtual Private Networks (VPNs): VPNs can be employed to encrypt internet connections thus enhancing privacy and security. However one must be cautious of free VPN services and OTP only for trustworthy providers.
- Monitor online services: A regular review of online accounts for any unauthorized or unlawful activities and setting up alerts for any changes to account settings or login attempts may help in the early detection of cybercrime and coping with it.
- Secure communication channels: Using secure communication techniques such as encryption can be done for the protection of sensitive information. Sharing of passwords and other information must be cautiously done especially in public forums.
- Awareness: The increasing prevalence of cybercrime known as "digital arrest" underscores the need for preventive measures and increased public awareness. Educational initiatives that draw attention to prevalent cyber threats—especially those that include law enforcement impersonation—can enable people to identify and fend off scams of this kind. The collaboration of law enforcement agencies and telecommunication companies can effectively limit the access points used by fraudsters by identifying and blocking susceptible calls.
Conclusion
The rise of Digital Arrest presents a noteworthy and innovative threat to cybersecurity by taking advantage of people's weaknesses through deceitful impersonation and coercive measures. The case in Noida is a prime example of the boldness and skill of cybercriminals who use fear and false information to trick victims into thinking they are in danger of suffering harsh legal repercussions and taking large amounts of money. In order to combat this increasing cybercrime, people need to take a proactive and watchful stance when it comes to cybersecurity. Cyber hygiene techniques, such as two-factor authentication and frequent password changes, are essential for lowering the possibility of unwanted access. Important precautions include being aware of phishing efforts, protecting devices with reliable antivirus software, and using Virtual Private Networks (VPNs) to increase privacy. Cybercriminals and fraudsters often use fear as a powerful tool to manipulate people and exploit their vulnerabilities for illicit gains in the realms of cybercrime and financial fraud. To protect themselves against the sneaky threat of Digital Arrest, netizens must traverse the constantly changing cyber threat landscape with collective knowledge, educated practices, and strong cybersecurity measures.
References:
- https://www.business-standard.com/india-news/new-cyber-crime-trend-unravelled-in-up-woman-held-under-digital-arrest-123120200485_1.html
- https://www.businessinsider.in/india/news/noida-woman-scammed-11-lakh-in-digital-arrest-scam-everything-you-need-to-know/articleshow/105727970.cms
- https://m.timesofindia.com/life-style/parenting/moments/23-year-old-faridabad-girl-on-digital-arrest-for-17-days-how-to-protect-your-children-from-cyber-crime/photostory/105442556.cms
Introduction
The emergence of deepfake technology has become a significant problem in an era driven by technological growth and power. The government has reacted proactively as a result of concerns about the exploitation of this technology due to its extraordinary realism in manipulating information. The national government is in the vanguard of defending national interests, public trust, and security as the digital world changes. On the 26th of December 2023, the central government issued an advisory to businesses, highlighting how urgent it is to confront this growing threat.
The directive aims to directly address the growing concerns around Deepfakes, or misinformation driven by AI. This advice represents the result of talks that Union Minister Shri Rajeev Chandrasekhar, had with intermediaries during the course of a month-long Digital India dialogue. The main aim of the advisory is to accurately and clearly inform users about information that is forbidden, especially those listed under Rule 3(1)(b) of the IT Rules.
Advisory
The Ministry of Electronics and Information Technology (MeitY) has sent a formal recommendation to all intermediaries, requesting adherence to current IT regulations and emphasizing the need to address issues with misinformation, specifically those driven by artificial intelligence (AI), such as Deepfakes. Union Minister Rajeev Chandrasekhar released the recommendation, which highlights the necessity of communicating forbidden information in a clear and understandable manner, particularly in light of Rule 3(1)(b) of the IT Rules.
Advise on Prohibited Content Communication
According to MeitY's advice, intermediaries must transmit content that is prohibited by Rule 3(1)(b) of the IT Rules in a clear and accurate manner. This involves giving users precise details during enrollment, login, and content sharing/uploading on the website, as well as including such information in customer contracts and terms of service.
Ensuring Users Are Aware of the Rules
Digital platform suppliers are required to inform their users of the laws that are relevant to them. This covers provisions found in the IT Act of 2000 and the Indian Penal Code (IPC). Corporations should inform users of the potential consequences of breaking the restrictions outlined in Rule 3(1)(b) and should also urge users to notify any illegal activity to law enforcement.
Talks Concerning Deepfakes
For more than a month, Union Minister Rajeev Chandrasekhar had a significant talk with various platforms where they addressed the issue of "deepfakes," or computer-generated fake videos. The meeting emphasized how crucial it is that everyone abides by the laws and regulations in effect, particularly the IT Rules to prevent deepfakes from spreading.
Addressing the Danger of Disinformation
Minister Chandrasekhar underlined the grave issue of disinformation, particularly in the context of deepfakes, which are false pieces of content produced using the latest developments such as artificial intelligence. He emphasized the dangers this deceptive data posed to internet users' security and confidence. The Minister emphasized the efficiency of the IT regulations in addressing this issue and cited the Prime Minister's caution about the risks of deepfakes.
Rule Against Spreading False Information
The Minister referred particularly to Rule 3(1)(b)(v), which states unequivocally that it is forbidden to disseminate false information, even when doing so involves cutting-edge technology like deepfakes. He called on intermediaries—the businesses that offer digital platforms—to take prompt action to take such content down from their systems. Additionally, he ensured that everyone is aware that breaking such rules has legal implications.
Analysis
The Central Government's latest advisory on deepfake technology demonstrates a proactive strategy to deal with new issues. It also highlights the necessity of comprehensive legislation to directly regulate AI material, particularly with regard to user interests.
There is a wider regulatory vacuum for content produced by artificial intelligence, even though the current guideline concentrates on the precision and lucidity of information distribution. While some limitations are mentioned in the existing laws, there are no clear guidelines for controlling or differentiating AI-generated content.
Positively, it is laudable that the government has recognized the dangers posed by deepfakes and is making appropriate efforts to counter them. As AI technology develops, there is a chance to create thorough laws that not only solve problems but also create a supportive environment for the creation of ethical AI content. User protection, accountability, openness, and moral AI use would all benefit from such laws. This offers an opportunity for regulatory development to guarantee the successful and advantageous incorporation of AI into our digital environment.
Conclusion
The Central Government's preemptive advice on deepfake technology shows a great dedication to tackling new risks in the digital sphere. The advice highlights the urgent need to combat deepfakes, but it also highlights the necessity for extensive legislation on content produced by artificial intelligence. The lack of clear norms offers a chance for constructive regulatory development to protect the interests of users. The advancement of AI technology necessitates the adoption of rules that promote the creation of ethical AI content, guaranteeing user protection, accountability, and transparency. This is a turning point in the evolution of regulations, making it easier to responsibly incorporate AI into our changing digital landscape.
References
- https://economictimes.indiatimes.com/tech/technology/deepfake-menace-govt-issues-advisory-to-intermediaries-to-comply-with-existing-it-rules/articleshow/106297813.cms
- https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1990542#:~:text=Ministry%20of%20Electronics%20and%20Information,misinformation%20powered%20by%20AI%20%E2%80%93%20Deepfakes.
- https://www.timesnownews.com/india/centres-deepfake-warning-to-it-firms-ensure-users-dont-violate-content-rules-article-106298282#:~:text=The%20Union%20government%20on%20Tuesday,actors%2C%20businesspersons%20and%20other%20celebrities
