DPDP Bill 2023 A Comparative Analysis

Introduction

In the new age of technologies the internet and social media continue to witness a surge in deepfake videos a technological phenomenon that blurs the line between reality and fiction. The string of deepfake videos of Bollywood actors and other famous personalities has raised serious concerns. While Prime Minister Narendra Modi spoke against the risks of artificial intelligence at the G20 Virtual Summit. The central government has recently announced that it will soon set up dedicated regulations to tackle this Menace. This will include holding social media platforms and creators responsible for their actions against the rules and regulations. Very often most people shy away from initiating a legal process or taking action while being victims of misuse of fast-paced tech but the government has announced its big support to the victims and promised to stand by complaints against deepfake videos especially this includes helping individuals to report the incidents and any violations by platforms.

Social media platforms to realign their policies as per the Indian laws

The Ministry of Electronics and Information Technology (MeitY) announced on 24th November 2023 that it will be giving social media platforms seven days time period to align their terms of service and other policies with Indian laws and regulations in order to address the issue of hosting of deepfakes on these platforms. All platforms must align and transform their terms of use with their users to be consistent with the 12 areas that are prohibited under rule 3(1)(b) of the Information Technology (IT) Rules, 2021.

The platforms will ensure harmonization and alignment of their terms & policies so that every user on every platform is aware that when they use a platform the platform intends to be a safe and trusted platform and the platform will not tolerate these 12 types of content or information that have been prohibited under the IT Act and the IT rules. The government approach is to collectively advocate for responsible and safe use of the Internet. The government has taken a proactive step in partnership with these social media platforms to ensure an era where such platforms will be a lot more responsible and a lot more responsive to the expectations under the law and more compliant.

Officer to be appointed under rule 7 

As Deepfake Videos continue to surface on social media, the Government has geared up to curb such content online. Mr. Rajeev Chandrasekhar Minister of State, (Meity), stated that the government will soon appoint an officer to take appropriate action against deepfake videos. This statement came after the government meeting with industry stakeholders and important players held on 24 Nov 2023. He added that Meity and the government of India will nominate an officer under rule 7  (IT rules 2021) and will ensure full compliance expectations from all the platforms. An officer appointed under Rule 7,  will be entrusted with building a mechanism where users can put in their complaints regarding deepfakes and MeitY may also assist such aggrieved users with filing FIRs in such cases. Mr. Rajeev Chandrasekhar, Minister of State, (Meity) also added that we will also be creating a platform where it will be very easy for netizens to bring to the attention of the government of India and notices of allegations or reports of violation of law by the platforms and the rule 7 officer will take that digital platform information and respond accordingly. 

The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (updated as on 6.4.2023)

Rule 3(1)(b) states that intermediaries shall inform its rules and regulations, privacy policy and user agreement to the user and shall make reasonable efforts to ‘restrict’ the users from hosting, displaying, uploading, modifying, publishing, transmitting, store, update or sharing any information that is prohibited under this rule which also includes deepfake, misinformation, CSAM(Child sexual abusive material) etc.  As per rule 3(2)(b) Intermediaries shall remove or disable access within 24 hours of receipt of complaints of contents that expose the private areas of individuals, show such individuals in full or partial nudity or in a sexual act or is in the nature of impersonation including morphed images etc. 

Ongoing Efforts Ahead of Crucial Meeting with Tech Giants

Ahead of the government meeting with online platforms such as Google, Facebook, and YouTube on Friday, 24th November 2023, Mr. Rajeev Chandrasekhar Minister of State, (Meity) added that way back from October 2022 the government of India had been alerting them to the threat of misinformation and deepfakes which are part of misinformation. He further added that the current IT rules under the IT Act provide for adequate compliance requirements on their part to deal with deepfake.

Deepfake Misinformation

Misinformation powered by AI becoming an even more potent force to disrupt and to mislead and to create chaos and confusion at a scale and of a type that is deeply detrimental. Deepfakes in a very simple basic way is misinformation which is powered by or enhanced by AI. Video-based deepfake misinformation is more dangerous since it has a greater reach as video consumption today is the preferred choice by users on the internet.

Way forward

The Honorable Prime Minister has raised the issue that deep fakes are deeply disruptive they can create divisions and all kinds of disruptions in communities, in families and therefore misuse of deepfake technology is a very clear present danger to the safe and trusted internet.

The Government is on its way to draft a dedicated legislation dedicated to tackling deepfakes.

Even as we speak to a future regulation and a future law which is certainly required given that our IT Act is 23 years old. However current IT rules provide for compliance requirements by the platforms on misinformation patently false information and deepfakes. Followed by the recent government advisory on misinformation and deepfake.

Conclusion

Prime Minister alerting of the dangers of deepfakes online. The government is now in the process of starting to look very seriously into this issue and also issued guidelines for intermediaries and in a finite period of time it is hoped that the threat of deep fakes would actually no longer exist in in our system. The government made it clear that apart from people spreading deepfake videos, the platforms making them spread and not taking action will also be liable they are currently liable and will be even more so in future after new rules and regulations are brought in.

References:

• https://www.moneycontrol.com/news/technology/deepfakes-meity-gives-social-media-platforms-7-day-ultimatum-to-align-their-policies-to-indian-laws-and-regulations-11805521.html
• https://www.azbpartners.com/bank/amendments-to-the-information-technology-intermediary-guidelines-and-digital-media-ethics-code-rules-2021/#:~:text=Prior%20to%20the%20amendment%2C%20under%20Rule%203(1)
• https://www.drishtiias.com/daily-updates/daily-news-analysis/amendments-to-the-it-rules-2021
• https://youtu.be/zmI2ml1d_Es?feature=shared
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1975445

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Cyber attacks in India besides becoming common are also getting deadlier. Each strike has taken proportions to drive home the fact that no one is safe.

Hacker ‘John Wick’, hasn’t spared India’s PM or Paytm. Cyber intelligence firm Cyble which dredges the Dark Web has red-flagged hacking episodes at Truecaller, Dunzo, Unacademy, Naukri.com, Bharat Earth Movers Limited (BEML), LimeRoad and IndiaBulls.Picture this, Mumbai-based cybersecurity firm Sequretek, says in Covid-hit 2020, India has seen a 4000% spike in phishing emails and a 400% uptake in the number of policy violations that have grown over 400% as per the latest statistics.Besides the threat to crucial data, the cost suffered by companies is phenomenal. According to a report by IBM’s ‘Cost of a Data Breach Report 2020’ report, Indian companies witnessed an average $2 Mn total cost of data breach in 2020, this is an increase of 9.4% from 2019.

Another survey by Barracuda Networks revealed that 66% of Indian organisations have had at least one data breach or cybersecurity incident since shifting to a remote working model during the pandemic.

Indian Startups At Mercy Of Cyber Attacks

More recently personal data of 2.8 Lakh WhiteHat Jr students and teachers were exposed, where crucial details of minors have been made available on the dark web. Another major breach that took place this week and exclusively reported by Inc42 was when data of 1.4 Mn job seekers was leaked when jobs portal IIMjobs was hacked.

Vineet Kumar, the founder of Cyber Peace Foundation (CPF), a think tank of cybersecurity and policy experts, said that with the increased digitisation of companies and their processes, data has become the new oil.

“You get good money when you sell users data on the dark web. Hackers discovering vulnerabilities and using SQL injections to pull entire databases remains a common practice for hacking,” Kumar told Inc42.

The CyberPeace Foundation says from mid-April to the end of June it noticed 8,98,7841 attacks, July and August saw 64,52,898 attacks. Whereas September and October saw 1,37,37,516 attacks and 18,149,233 attacks respectively.

Speaking to Inc42, Pankit Desai, cofounder and CEO, Sequretek says, “Originally only a limited set of systems were being exposed, now with WFH all systems have to be exposed to the internet as all your processes are enabled remotely. WFH also creates an additional challenge where ‘personal assets are being used for professional purposes’ and ‘professional assets are being used for personal purposes.”

Malwares like SpyMax, Blackwater are being used as a combination of phishing mails and poorly secured home computers to harvest credentials. These credentials are then used for carrying out attacks. The number of attacks with harvested credentials is already up 30%, the company revealed.

Government data shows that in 2019 alone, India witnessed 3.94 lakh instances of cybersecurity breaches. In terms of hacking of state and central government websites, Indian Computer Emergency Response Team (CERT-In) data shows that a total of 336 websites belonging to central ministries, departments, and state governments were hacked between 2017 and 2019.

According to Nasscom’s Data Security Council of India (DSCI) report 2019, India witnessed the second-highest number of cyber attacks in the world between 2016 and 2018. This comes at a time when digitisation of the Indian economy is predicted to result in a $435 Bn opportunity by 2025.On September 22, the Ministry of Electronics and Information Technology (MeITY) told the Parliament that Indian citizens, commercial and legal entities faced almost 7 lakh cyberattacks till August this year.

The Indian Computer Emergency Response Team (CERT-In) has “reported 49,455, 50,362, 53,117, 208,456, 394,499 and 696,938 cybersecurity incidents during the year 2015, 2016, 2017, 2018, 2019 and 2020 (till August) respectively,” the MeITY said while responding to an unstarred question in the Lok Sabha regarding cyberattacks on Indian citizens and India-based commercial and legal entities.“

India also lacks a cohesive nation-wide cyber-strategy, policies, and procedures. Regulations around data privacy, protection, and penalty should be enacted and enforced as these measures will help businesses evaluate their cybersecurity posture and seek ways to improve. Currently, incident reporting is not mandatory. By making it compulsory, there will be a body of research data that can provide insights on threats to India and inform the government on strategies it can undertake to strengthen the nation’s cyber posture,” said Kumar Ritesh, founder and CEO, Cyfirma.The Internet Crime Report for 2019, released by the USA’s Internet Crime Complaint Centre of the Federal Bureau of Investigation (FBI), has revealed that India stands third in the world among top 20 countries that are victims of internet crimes.

Kumar attributes these numbers to Indian’s lack of basic cyber awareness. However, a poignant point is also the lack of a robust cybersecurity policy in India.  Though the issue was touched upon by Prime Minister Narendra Modi during his Independence Day speech on Aug 15, 2020, not much movement has happened on that front.

“Cybersecurity is a very important aspect, which cannot be ignored. The government is alert on this and is working on a new, robust policy,” Modi said.The PM’s announcement was made in the backdrop of the government’s initiative to connect 1.5 lakh gram panchayats through an optical fiber network, thereby increasing the country’s internet connectivity.

With India pipped to take on the world with its IT prowess and increased digital integration the need for a robust policy is now more than ever.

‍Source: https://inc42.com/buzz/3-94-lakhs-and-counting-how-cyberattacks-are-a-worry-for-digital-india/

Introduction

In the advanced age of digitalization, the user base of Android phones is high. Our phones have become an integral part of our daily life activities from making online payments, booking cabs, playing online games, booking movie & show tickets, conducting online business activities, social networking, emailing and communication, we utilize our mobile phone devices. The Internet is easily accessible to everyone and offers various convenient services to users. People download various apps and utilize various services on the internet using their Android devices. Since it offers convenience, but in the growing digital landscape, threats and vulnerabilities have also emerged. Fraudsters find the vulnerabilities and target the users. Recently, various creepy online scams such as AI-based scams, deepfake scams, malware, spyware, malicious links leading to financial frauds, viruses, privacy breaches, data leakage, etc. have been faced by Android mobile users. Android mobile devices are more prone to vulnerabilities as compared to iOS. However, both Android and iOS platforms serve to provide safer digital space to mobile users. iOS offers more security features. but we have to play our part and be careful. There are certain safety measures which can be utilised by users to be safe in the growing digital age.

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User Responsibility: 

Law enforcement agencies have reported that they have received a growing number of complaints showing malware being used to compromise Android mobile devices. Both the platforms, Android and Google, have certain security mechanisms in place. However, cybersecurity experts emphasize that users must actively take care of safeguarding their mobile devices from evolving online threats. In this era of evolving cyber threats, being precautious and vigilant and personal responsibility for digital security is paramount.

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Being aware of evolving scams

1. Deepfake Scams: Deepfake is an AI-based technology. Deepfake is capable of creating realistic images or videos which in actuality are created by machine algorithms. Deepfake technology, since easily accessible, is misused by fraudsters to commit various cyber crimes or deceive and scam people through fake images or videos that look realistic. By using the Deepfake technology, cybercriminals manipulate audio and video content which looks very realistic but, in actuality, is fake. 
2. Voice cloning: To create a voice clone of anyone's, audio can be deepfaked too, which closely resembles a real one but, in actuality, is a fake voice created through deepfake technology. Recently, in Kerala, a man fell victim to an AI-based video call on WhatsApp. He received a video call from a person claiming to be his former colleague. The scammer, using AI deepfake technology, impersonated the face of his former colleague and asked for financial help of 40,000. 
3. Stalkerware or spyware: Stalkware or spyware is one of the serious threats to individual digital safety and personal information. Stalkware is basically software installed into your device without your consent or knowledge in order to track your activities and exploit your data. Stalkware, also referred to as spyware, is a type of malicious software secretly installed on your device without your knowledge. Its purpose is to track you or monitor your activities and record sensitive information such as passwords, text messages, GPS location, call history and access to your photos and videos. Cybercriminals and stalkers use this malicious software to unauthorisedly gain access to someone's phone devices.

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Best practices or Cyber security tips:

• Keep your software up to date: Turn on automatic software updates for your device and make sure your mobile apps are up to date.
• Using strong passwords: Use strong passwords on your lock/unlock and on important apps on your mobile device.
• Using 2FA or multi-factor authentication: Two-factor authentication or multi-factor authentication provides extra layers of security. Be cautious before clicking on any link and downloading any app or file: Users are often led to click on malicious online links. Scammers may present such links to users through false advertisements on social media platforms, payment processes for online purchases, or in phone text messages. Through the links, victims are led either to phishing sites to give away personal data or to download harmful Android Package Kit (APK) files used to distribute and install apps on Android mobile phones.‍
• Secure Payments: Do not open any malicious links. Always make payments from secure and trusted payment apps.  Use strong passwords for your payment apps as well. And secure your banking credentials.‍
• Safe browsing: Pay due care and attention while clicking on any link and downloading content. Ignore the links or attachments of suspicious emails which are from an unknown sender. ‍
• Do not download third-party apps: Using an APK file to download a third-party app to an Android device is commonly known as sideloading. Be cautious and avoid downloading apps from third-party or dubious sites. Doing so may lead to the installation of malware in the device, which in turn may result in confidential and sensitive data such as banking credentials being stolen. Always download apps only from the official app store.‍
• App permissions: Review app permission and only grant permission which is necessary to use that app. ‍
• Do not bypass security measures: Android offers more flexibility in the mobile operating system and in mobile settings. For example, sideloading of apps is disabled by default, and alerts are also in place to warn users. However, an unwitting user who may not truly understand the warnings may simply grant permission to an app to bypass the default setting.‍
• Monitoring: Regularly monitor your devices and system logs for security check-ups and for detecting any suspicious activity.‍
• Reporting online scams: A powerful resource available to victims of cybercrime is the National Cyber Crime Reporting Portal, equipped with a 24x7 helpline number, 1930. This portal serves as a centralized platform for reporting cybercrimes, including financial fraud.

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Conclusion:

The era of digitalisation has transformed our lives, with Android phones becoming an integral part of our daily routines. While these devices offer convenience, they also expose us to online threats and vulnerabilities, such as scams like deepfake technology-based scams, voice clones, spyware, malware, and malicious links that can lead to significant financial and privacy breaches. Android devices might be more susceptible to such scams. By being aware of emerging scams like deepfakes, spyware, and other malicious activities, we can take proactive steps to safeguard our digital lives. Our mobile devices remain as valuable assets for us. However, they are also potential targets for cybercriminals. Users must remain proactive in protecting their devices and personal data from potential threats. By taking personal responsibility for our digital security and following these best practices, we can navigate the digital landscape with confidence, ensuring that our Android phones remain powerful tools for convenience and connection while keeping our data and privacy intact and staying safe from online threats and vulnerabilities.

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References: 

https://www.todayonline.com/singapore/explainer-why-android-devices-prone-online-scams-users-guard-against-it-2252066

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