DPDP Bill 2023 A Comparative Analysis

Introduction

The unprecedented cyber espionage attempt on the Indian Air Force has shocked the military fraternity in the age of the internet where innovation is vital to national security. The attackers have shown a high degree of expertise in their techniques, using a variant of the infamous Go Stealer and current military acquisition pronouncements as a cover to obtain sensitive information belonging to the Indian Air Force. In this recent cyber espionage revelation, the Indian Air Force faces a sophisticated attack leveraging the infamous Go Stealer malware. The timing, coinciding with the Su-30 MKI fighter jets' procurement announcement, raises serious questions about possible national security espionage actions.

A sophisticated attack using the Go Stealer malware exploits defense procurement details, notably the approval of 12 Su-30 MKI fighter jets. Attackers employ a cunningly named ZIP file, "SU-30_Aircraft_Procurement," distributed through an anonymous platform, Oshi, taking advantage of heightened tension surrounding defense procurement.

Advanced Go Stealer Variant:

The malware, coded in Go language, introduces enhancements, including expanded browser targeting and a unique data exfiltration method using Slack, showcasing a higher level of sophistication.

Strategic Targeting of Indian Air Force Professionals:

The attack strategically focuses on extracting login credentials and cookies from specific browsers, revealing the threat actor's intent to gather precise and sensitive information.

Timing Raises Espionage Concerns:

The cyber attack coincides with the Indian Government's Su-30 MKI fighter jets procurement announcement, raising suspicions of targeted attacks or espionage activities.

The Deceitful ZIP ArchiveSU-30 Aircraft Acquisition

The cyberattack materialised as a sequence of painstakingly planned actions. Using the cleverly disguised ZIP file "SU-30_Aircraft_Procurement," the perpetrators took benefit of the authorisation of 12 Su-30 MKI fighter jets by the Indian Defense Ministry in September 2023. Distributed via the anonymous file storage network Oshi, the fraudulent file most certainly made its way around via spam emails or other forms of correspondence.

The Spread of Infection and Go Stealer Payload:

The infiltration procedure progressed through a ZIP file to an ISO file, then to a.lnk file, which finally resulted in the Go Stealer payload being released. This Go Stealer version, written in the programming language Go, adds sophisticated capabilities, such as a wider range of browsing focussed on and a cutting-edge technique for collecting information using the popular chat app Slack.

Superior Characteristics of the Go Stealer Version

Different from its GitHub equivalent, this Go Stealer version exhibits a higher degree of complexity. It creates a log file in the machine owned by the victim when it is executed and makes use of GoLang utilities like GoReSym for in-depth investigation. The malware focuses on cookies and usernames and passwords from web browsers, with a particular emphasis on Edge, Brave, and Google Chrome.

This kind is unique in that it is more sophisticated. Its deployment's cyber enemies have honed its strengths, increasing its potency and detection resistance. Using GoLang tools like GoReSym for comprehensive evaluation demonstrates the threat actors' careful planning and calculated technique.

Go Stealer: Evolution of Threat

The Go Stealer first appeared as a free software project on GitHub and quickly became well-known for its capacity to stealthily obtain private data from consumers who aren't paying attention. Its effectiveness and stealthy design rapidly attracted the attention of cyber attackers looking for a sophisticated tool for clandestine data exfiltration. It was written in the Go programming language.

Several cutting-edge characteristics distinguish the Go Stealer from other conventional data thieves. From the beginning, it showed a strong emphasis on browser focusing on, seeking to obtain passwords and login information from particular websites including Edge, Brave, and Google Chrome.The malware's initial iteration was nurtured on the GitHub database, which has the Go Stealer initial edition. Threat actors have improved and altered the code to serve their evil goals, even if the basic structure is freely accessible.

The Go Stealer version that has been discovered as the cause of the current internet spying by the Indian Air Force is not limited to its GitHub roots. It adds features that make it more dangerous, like a wider range of browsers that may be targeted and a brand-new way to exfiltrate data via Slack, a popular messaging app.

Secret Communications and Information Expulsion

This variation is distinguished by its deliberate usage of the Slack API for secret chats. Slack was chosen because it is widely used in company networks and allows harmful activity to blend in with normal business traffic. The purpose of the function "main_Vulpx" is specifically to upload compromised information to the attacker's Slack route, allowing for covert data theft and communication.

The Time and Strategic Objective

There are worries about targeted assaults or espionage activities due to the precise moment of the cyberattack, which coincides with the Indian government's declaration of its acquisition of Su-30 MKI fighter fighters. The deliberate emphasis on gathering cookies and login passwords from web browsers highlights the threat actor's goal of obtaining accurate and private data from Indian Air Force personnel.

Using Caution: Preventing Possible Cyber Espionage

• Alertness Against Misleading Techniques: Current events highlight the necessity of being on the lookout for files that appear harmless but actually have dangerous intent. The Su-30 Acquisition ZIP file is a stark illustration of how these kinds of data might be included in larger-scale cyberespionage campaigns.
• Potentially Wider Impact: Cybercriminals frequently plan coordinated operations to target not just individuals but potentially many users and government officials. Compromised files increase the likelihood of a serious cyber-attack by opening the door for larger attack vectors.
• Important Position in National Security: Recognize the crucial role people play in the backdrop of national security in the age of digitalisation. Organised assaults carry the risk of jeopardising vital systems and compromising private data.
• Establish Strict Download Guidelines: Implement a strict rule requiring file downloads to only come from reputable and confirmed providers. Be sceptical, particularly when you come across unusual files, and make sure the sender is legitimate before downloading any attachments.
• Literacy among Government Employees: Acknowledge that government employees are prime targets as they have possession of private data. Enable people by providing them with extensive cybersecurity training and awareness that will increase their cognition and fortitude.

Conclusion

Indian Air Force cyber surveillance attack highlights how sophisticated online dangers have become in the digital era. Threat actors' deliberate and focused approach is demonstrated by the deceptive usage of a ZIP archive that is camouflaged and paired with a sophisticated instance of the Go Stealer virus. An additional level of complication is introduced by integrating Slack for covert communication. Increased awareness, strict installation guidelines, and thorough cybersecurity education for government employees are necessary to reduce these threats. In the digital age, protecting national security necessitates ongoing adaptation as well as safeguards toward ever-more potent and cunning cyber threats.

References

• ‍https://www.overtoperator.com/p/indianairforcemalwaretargetpotential
• ‍https://cyberunfolded.in/blog/indian-air-force-targeted-in-sophisticated-cyber-attack-with-su-30-procurement-zip-file#go-stealer-a-closer-look-at-its-malicious-history
• ‍https://thecyberexpress.com/cyberattack-on-the-indian-air-force/https://therecord.media/indian-air-force-infostealing-malware

‍

Introduction

India has been a nation where technology penetration has been a little slower in the previous decades; however, that has changed now. Cyberspace has influenced and touched every country and has significantly diminished the gap between developing nations, developed nations, and underdeveloped nations. This has also been substantiated and strengthened during the Covid-19 pandemic as the world went into lockdown and the cyberspace was the only medium of communication and information. India witnessed a rise of 61% in terms of internet users, and a significant part of this number represented rural India.

New Standards

These standards have been released in threefold aspects covering – Digital Television Receivers, USB Type-C chargers, and Video Surveillance Systems, thus streamlining the use of gadgets and reduction of e-waste for the country.

1. Digital Television Receivers

The Indian standard IS 18112:2022 specification for digital television, and this standard would enable reception of free-to-air TV and radio channels just by connecting a dish antenna with LNB mounted on a suitable area with good signal reception. This will help in the transmission of knowledge about government initiatives and schemes, the educational content of Doordarshan, and the repository of Indian cultural programs. Doordarshan is in the process of phasing out analog transmission, and free-to-air channels will continue to be broadcast using digital satellite transmission. The keen aspects of educational and awareness programs run by the Govt and CSOs will impact more Indians than before as the Ministry of Information and Broadcast intends to increase their free channels of Doordarshan from 55 to 200 by the end of this year, which shows the importance of developments in the mass media industry.

2. USB Type C

Standard (IS/IEC 62680-1-3:2022) for USB Type-C receptacles, plugs, and cables adopting the existing global standard IEC 62680-1-3:2022. This standard provides for the requirements for USB type C ports and cables for use in various electronic devices like laptops, mobile phones, and other gadgets. This standard is similar to the new European standard, which is also aimed at the reduction of carbon emissions and e-waste; this move will result in ease for the industry and the end users. This will also contribute towards the strengthening of the cyber security aspects and prevent threats like ‘Juice Jacking’ to a massive extent.

3. Video Surveillance System

IS 16190, this standard provides a detailed outline of the aspects of a video surveillance system, such as requirements for its components like camera devices, interfaces, system requirements, and tests to ascertain the camera’s image quality on different devices. This series of standards would assist customers, installers, and users in establishing their requirements and determining the appropriate equipment required for their intended application and also provide means of evaluating the performance of the VSS objectively. This will also help in the improvement of surveillance by the individuals, and this will also help in the better investigation by Law enforcement agencies and faster apprehension of criminals, thus contributing to an overall safe society.

The Advantages

These standards are in power with the Internationally prevalent standards, thus taking the safety factors to the global aspect. This will also allow the Indian industry to create world-class products which can be shared all across the globe. This will open India to various opportunities and job avenues, thus opening the world to invest in India. The aspect of Atma Nirbhar Bharat and Digital India will be strengthened to a new level as the nation will be able to deliver products in power with quality in developed countries. The end Indian consumer will benefit the most from these upgraded standards in terms of Digital Televisions, Type ‘C’ USB chargers, and Video surveillance systems, as these impacts the consumers’ daily activities in terms of security and access to information.

• Reduction in Carbon Emission
• Production of World Class components and devices
• Boost to the economy and Atmanirbhar Bharat
• New avenues and opportunities for startups and MSMEs
• Better transmission of Knowledge
• Boosting FDI
• Improved quality of products for the end consumer
• New innovation hubs and exposure to global talents

This government move simply shows how India is working toward securing the Sustainable development Goals (SDG) by United Nations. This clearly shares the message to the world that India is ready for the future and will also be a helping hand to various developing and underdeveloped nations in the times to come.

Conclusion

These standards will significantly contribute towards the reduction of E-Waste and unnecessary accessories for daily use gadgets. This strengthens the reduction in carbon emissions and thus contributes towards the perseverance of the environment and working towards sustainable development goals. Such standards will lead the future towards securing the netizens and their new and evolving digital habits. In the current phase of cyberspace, the most essential aspect of establishing Critical Infrastructure as the same will act as a shield against the threats of cyberspace.

Introduction

On March 12, the Ministry of Corporate Affairs (MCA) proposed the Bill to curb anti-competitive practices of tech giants through ex-ante regulation. The Draft Digital Competition Bill is to apply to ‘Core Digital Services,’ with the Central Government having the authority to update the list periodically. The proposed list in the Bill encompasses online search engines, online social networking services, video-sharing platforms, interpersonal communications services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. 

The primary highlight of the Digital Competition Law Report created by the Committee on Digital Competition Law presented to the Parliament in the 2nd week of March 2024 involves a recommendation to introduce new legislation called the ‘Digital Competition Act,’ intended to strike a balance between certainty and flexibility. The report identified ten anti-competitive practices relevant to digital enterprises in India. These are anti-steering, platform neutrality/self-preferencing, bundling and tying, data usage (use of non-public data), pricing/ deep discounting, exclusive tie-ups, search and ranking preferencing, restricting third-party applications and finally advertising Policies.

Key Take-Aways: Digital Competition Bill, 2024

1. Qualitative and quantitative criteria for identifying Systematically Significant Digital Enterprises, if it meets any of the specified thresholds. 

• Financial thresholds in each of the immediately preceding three financial years like turnover in India, global turnover, gross merchandise value in India, or global market capitalization.
• User thresholds in each of the immediately preceding 3 financial years in India like the core digital service provided by the enterprise has at least 1 crore end users, or it has at least 10,000 business users.
• The Commission may make the designation based on other factors such as the size and resources of an enterprise, number of business or end users, market structure and size, scale and scope of activities of an enterprise and any other relevant factor.

2. A period of 90 days is provided to notify the CCI of qualification as an SSDE. Additionally, the enterprise must also notify the Commission of other enterprises within the group that are directly or indirectly involved in the provision of Core Digital Services, as Associate Digital Enterprises (ADE) and the qualification shall be for 3 years.
3. It prescribes obligations for SSDEs and their ADEs upon designation. The enterprise must comply with certain obligations regarding Core Digital Services, and non-compliance with the same shall result in penalties. Enterprises must not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with the enterprise’s obligations under the Act. 
4. Avoidance of favouritism in product offerings by SSDE,  its related parties, or third parties for the manufacture and sale of products or provision of services over those offered by third-party business users on the Core Digital Service in any manner.
5. The Commission will be having the same powers as vested to a civil court under the Code of Civil Procedure, 1908 when trying a suit.
6. Penalty for non-compliance without reasonable cause may extend to Rs 1 lakh for each day during which such non-compliance occurs (max. of Rs 10 crore). It may extend to 3 years or with a fine, which may extend to Rs 25 crore or with both. The Commission may also pass an order imposing a penalty on an enterprise (not exceeding 1% of the global turnover) in case it provides incorrect, incomplete, misleading information or fails to provide information. 

Suggestions and Recommendations

• The ex-ante model of regulation needs to be examined for the Indian scenario and studies need to be conducted on it has worked previously in different jurisdictions like the EU. 
• The Bill should be aimed at prioritising the fostering of fair competition by preventing monopolistic practices in digital markets exclusively. A clear distinction from the already existing Competition Act, 2002 in its functioning needs to be created so that there is no overlap in the regulations and double jeopardy is not created for enterprises.
• Restrictions on tying and bundling and data usage have been shown to negatively impact MSMEs that rely significantly on big tech to reduce operational costs and enhance customer outreach.
• Clear definitions of "dominant position" and "anti-competitive behaviour" are essential for effective enforcement in terms of digital competition need to be defined. 
• Encouraging innovation while safeguarding consumer data privacy in consonance with the DPDP Act should be the aim. Promoting interoperability and transparency in algorithms can prevent discriminatory practices. 
• Regular reviews and stakeholder consultations will ensure the law adapts to rapidly evolving technologies. 
• Collaboration with global antitrust bodies which is aimed at enhancing cross-border regulatory coherence and effectiveness.

Conclusion

The need for a competition law that is focused exclusively on Digital Enterprises is the need of the hour and hence the Committee recommended enacting the Digital Competition Act to enable CCI to selectively regulate large digital enterprises. The proposed legislation should be restricted to regulate only those enterprises that have a significant presence and ability to influence the Indian digital market. The impact of the law needs to be restrictive to digital enterprises and it should not encroach upon matters not influenced by the digital arena. India's proposed Digital Competition Bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses prevalent in the digital business space. The Ministry of Corporate Affairs has received 41-page public feedback on the draft which is expected to be tabled next year in front of the Parliament. 

References

1. https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf
2. https://prsindia.org/files/policy/policy_committee_reports/Report_Summary-Digital_Competition_Law.pdf
3. https://economictimes.indiatimes.com/tech/startups/meity-meets-india-inc-to-hear-out-digital-competition-law-concerns/articleshow/111091837.cms?from=mdr
4. https://www.mca.gov.in/bin/dms/getdocument?mds=gzGtvSkE3zIVhAuBe2pbow%253D%253D&type=open
5. https://www.barandbench.com/law-firms/view-point/digital-competition-laws-beginning-of-a-new-era
6. https://www.linkedin.com/pulse/policy-explainer-digital-competition-bill-nimisha-srivastava-lhltc/
7. https://www.lexology.com/library/detail.aspx?g=5722a078-1839-4ece-aec9-49336ff53b6c

‍