DPDP Bill 2023 A Comparative Analysis

Introduction

With the increasing frequency and severity of cyber-attacks on critical sectors, the government of India has formulated the National Cyber Security Reference Framework (NCRF) 2023, aimed to address cybersecurity concerns in India. In today’s digital age, the security of critical sectors is paramount due to the ever-evolving landscape of cyber threats. Cybersecurity measures are crucial for protecting essential sectors such as banking, energy, healthcare, telecommunications, transportation, strategic enterprises, and government enterprises. This is an essential step towards safeguarding these critical sectors and preparing for the challenges they face in the face of cyber threats. Protecting critical sectors from cyber threats is an urgent priority that requires the development of robust cybersecurity practices and the implementation of effective measures to mitigate risks.

Overview of the National Cyber Security Policy 2013

The National Cyber Security Policy of 2013 was the first attempt to address cybersecurity concerns in India. However, it had several drawbacks that limited its effectiveness in mitigating cyber risks in the contemporary digital age. The policy’s outdated guidelines, insufficient prevention and response measures, and lack of legal implications hindered its ability to protect critical sectors adequately. Moreover, the policy should have kept up with the rapidly evolving cyber threat landscape and emerging technologies, leaving organisations vulnerable to new cyber-attacks. The 2013 policy failed to address the evolving nature of cyber threats, leaving organisations needing updated guidelines to combat new and sophisticated attacks.

As a result, an updated and more comprehensive policy, the National Cyber Security Reference Framework 2023, was necessary to address emerging challenges and provide strategic guidance for protecting critical sectors against cyber threats.

Highlights of NCRF 2023

Strategic Guidance: NCRF 2023 has been developed to provide organisations with strategic guidance to address their cybersecurity concerns in a structured manner.

Common but Differentiated Responsibility (CBDR): The policy is based on a CBDR approach, recognising that different organisations have varying levels of cybersecurity needs and responsibilities.

Update of National Cyber Security Policy 2013: NCRF supersedes the National Cyber Security Policy 2013, which was due for an update to align with the evolving cyber threat landscape and emerging challenges.

Different from CERT-In Directives: NCRF is distinct from the directives issued by the Indian Computer Emergency Response Team (CERT-In) published in April 2023. It provides a comprehensive framework rather than specific directives for reporting cyber incidents.

Combination of robust strategies: National Cyber Security Reference Framework 2023 will provide strategic guidance, a revised structure, and a proactive approach to cybersecurity, enabling organisations to tackle the growing cyberattacks in India better and safeguard critical sectors. Rising incidents of malware attacks on critical sectors

In recent years, there has been a significant increase in malware attacks targeting critical sectors. These sectors, including banking, energy, healthcare, telecommunications, transportation, strategic enterprises, and government enterprises, play a crucial role in the functioning of economies and the well-being of societies. The escalating incidents of malware attacks on these sectors have raised concerns about the security and resilience of critical infrastructure.

Banking: The banking sector handles sensitive financial data and is a prime target for cybercriminals due to the potential for financial fraud and theft.

Energy: The energy sector, including power grids and oil companies, is critical for the functioning of economies, and disruptions can have severe consequences for national security and public safety.

Healthcare: The healthcare sector holds valuable patient data, and cyber-attacks can compromise patient privacy and disrupt healthcare services. Malware attacks on healthcare organisations can result in the theft of patient records, ransomware incidents that cripple healthcare operations, and compromise medical devices.

Telecommunications: Telecommunications infrastructure is vital for reliable communication, and attacks targeting this sector can lead to communication disruptions and compromise the privacy of transmitted data. The interconnectedness of telecommunications networks globally presents opportunities for cybercriminals to launch large-scale attacks, such as Distributed Denial-of-Service (DDoS) attacks.

Transportation: Malware attacks on transportation systems can lead to service disruptions, compromise control systems, and pose safety risks.

Strategic Enterprises: Strategic enterprises, including defence, aerospace, intelligence agencies, and other sectors vital to national security, face sophisticated malware attacks with potentially severe consequences. Cyber adversaries target these enterprises to gain unauthorised access to classified information, compromise critical infrastructure, or sabotage national security operations.

Government Enterprises: Government organisations hold a vast amount of sensitive data and provide essential services to citizens, making them targets for data breaches and attacks that can disrupt critical services.

Conclusion  

The sectors of banking, energy, healthcare, telecommunications, transportation, strategic enterprises, and government enterprises face unique vulnerabilities and challenges in the face of cyber-attacks. By recognising the significance of safeguarding these sectors, we can emphasise the need for proactive cybersecurity measures and collaborative efforts between public and private entities. Strengthening regulatory frameworks, sharing threat intelligence, and adopting best practices are essential to ensure our critical infrastructure’s resilience and security. Through these concerted efforts, we can create a safer digital environment for these sectors, protecting vital services and preserving the integrity of our economy and society. The rising incidents of malware attacks on critical sectors emphasise the urgent need for updated cybersecurity policy, enhanced cybersecurity measures, a collaboration between public and private entities, and the development of proactive defence strategies. National Cyber Security Reference Framework 2023 will help in addressing the evolving cyber threat landscape, protect critical sectors, fill the gaps in sector-specific best practices, promote collaboration, establish a regulatory framework, and address the challenges posed by emerging technologies. By providing strategic guidance, this framework will enhance organisations’ cybersecurity posture and ensure the protection of critical infrastructure in an increasingly digitised world.

Introduction

Since February 2020 the government has been taking keen steps to safeguard the Indian markets and the consumer, this could be seen in the forms of policies and exemptions for the market players and the consumers, however, due to the COVID-19 pandemic, the markets places became vulnerable to loss and various forms of new crimes and frauds. The Government recently tabled the Jan Vishwas bill which is an aftermath of the Vivad se Vishwas Bill, 2020 which was tabled in February 2020 for creating a safe and dynamic market, this bill is a clear example of how AtmaNirbhar Bharat plays a crucial role in nations development.

What is Jan Vishwas Bill, 2022

The Jan Vishwas (Amendment of Provisions) Bill, 2022 is a 108-page bill introduced in the Lok Sabha by the Union Minister of Commerce and Industry, Piyush Goyal. The statement of objects and reasons of the Bill states, “To amend certain enactments for decriminalizing and rationalizing minor offenses to further enhance trust-based governance for ease of living and doing business.” The bill aims to promote ease of doing business in India by decriminalizing minor offences and amending 183 provisions in 42 Acts administered by 19 ministries. The bill proposes to replace minor offences with monetary penalties and rationalize existing monetary penalties based on the gravity of the offences. The Acts to be amended by the bill include-

• Drugs and Cosmetics Act, 1940
• Public Debt Act, 1944
• Pharmacy Act, 1948
• Cinematograph Act, 1952
• Copyright Act, 1957
• Patents Act, 1970
• Environment (Protection) Act, 1986
• Motor Vehicles Act, 1988
• Trade Marks Act, 1999l Railways Act, 1989
• Information Technology Act, 2000
• Prevention of Money-laundering Act, 2002
• Food Safety and Standards Act, 2006
• Legal Metrology Act, 2009
• Factoring Regulation Act, 2011

The bill aims to decriminalize a large number of minor offences and replace them with monetary penalties. This step by the government is a clear indication of how important the market regulations are, in recent times Google was imposed with a penalty of 1300 crores and 900 crores for violating competitive market practices, these penalties, and criminalised actions will ensure proper compliance to laws of the land thus creating a blanket of safeguards for the Indian consumer and netizen.‍

What will the Ease of Business be?

The Government has been critical in pinpointing various parameters and factors to improve the ease of business in the country, this bill comes at the right time when we can see numerous start-ups and entrepreneurs emerging in our country. The parameters are as follows-

• Starting a Business of all
• Dealing with Construction Permits
• Getting Electricity
• Registering Property
• Getting Credit
• Protecting
• Minority Investors
• Paying Taxes
• Trading across Borders
• Enforcing Contracts and Resolving Insolvency

These parameters have been created with a sight on the future of the markets and how external factors like the Russia-Ukraine war can influence the markets. According to Minister Piyush Goyal, the fear of imprisonment for minor offences is a major factor hindering the growth of the business ecosystem and individual confidence in India. The Jan Vishwas Bill, 2022 aims to address this issue by replacing minor offences with monetary penalties. The bill also proposes an increase of 10% in the minimum amount of fine and penalty levied after every three years, once the bill becomes a law.

Conclusion

The bill will create a level playing field for the market players and the consumers with the backing of strong legislation and precedents thus maintaining transparency and accountability in the system. The amended provisions will allow various already existing legislation to come in tune with the current times and emerging technologies. The nation is at a critical juncture to fabricate policies and laws to address the issues and threats of the future and hence such a bill will be the strengthening pillar of the Indian markets and cyber-ecosystem. The Jan Vishwas Bill, 2022 has been referred to a 31-member joint parliamentary committee for scrutiny. The committee includes members from the Lok Sabha and the Rajya Sabha and will submit its report to parliament by the second part of the Budget session in 2023, The members from the Lok Sabha include PP Chaudhary, Sanjay Jaiswal, Queen Ojha, Rajendra Agrawal, Gaurav Gogoi, A Raja, Rajendra Agarwal, Poonam Pramod Mahajan, and Sougata Ray.

Introduction

The scam involving "drugs in parcels' has resurfaced again with a new face. Cybercriminals impersonating and acting as FedEx, Police and various other authorities and in actuality, they are the perpetrators or bad actors behind the renewed "drugs in parcel" scam, which entails pressuring victims into sending money and divulging private information in order to escape fictitious legal repercussions. 

Modus operandi  

The modus operandi followed in this scam usually begins with a hacker calling someone on their cell phone posing as FedEx. They say that they are the recipients of a package under their name that includes illegal goods like jewellery, narcotics, or other items. The victim would feel afraid and apprehensive by now. Then there will be a video call with someone else who is posing as a police officer. The victim will be asked to keep the matter confidential while it is being investigated by this "fake officer."

After the call, they would get falsified paperwork from the CBI and RBI stating that an arrest warrant had been issued. Once the victim has fallen entirely under their sway, they would claim that the victim's Aadhaar has been used to carry out the unlawful conduct. They then request that the victim submit their bank account information and Aadhaar data for investigation. Subsequently, the hackers request that the victim transfer funds to a bank account for RBI validation. The victims thus submit money to the hackers believing it to be true for clearing their name.

Recent incidence:

In the most recent instance of a "drug-in-parcel" scam, an IT expert in Pune was defrauded of Rs 27.9 lakh by internet con artists acting as members of the Mumbai police's Cyber Crime Cell. The victim filed the First Information Report (FIR) in this matter at the police station. The victim stated that on November 11, 2023, the complainant received a call from a fraudster posing as a Mumbai police Cyber Crime Cell officer. The scammer falsely claimed to have discovered illegal narcotics in a package addressed to the complainant sent from Mumbai to Taiwan, along with an expired passport and an SBI card. To avoid arrest in a fabricated drug case, the fraudster coerced the complainant into providing bank account information under the guise of "verification." The victim, fearing legal consequences, transferred Rs 27,98,776 in ten online transactions to two separate bank accounts as instructed. Upon realizing the deception, the complainant reported the incident to the police, leading to an investigation.

In another such incident, the victim received an online bogus identity card from the scammers who had phoned him on the phone in October 2023. In an attempt to "clear the case" and issue a "no-objection certificate (NOC)," the fraudster persuaded the victim to wire money to a bank account, claiming to have seized narcotics in a shipment shipped from Mumbai to Thailand under his name. Fraudsters threatened to arrest the victim for mailing the narcotics package if money was not provided. 

Furthermore, In August 2023, fraudsters acting as police officers and executives of courier companies defrauded a 25-year-old advertising student of Rs 53 lakh. They extorted money from her under the guise of avoiding legal action, which would include arrest, and informed her that narcotics had been discovered in a package she had delivered to Taiwan. According to the police, callers acting as police officers threatened to arrest the girl and forced her to complete up to 34 transactions totalling Rs 53.63 lakh from her and her mother's bank accounts to different bank accounts.

Measures to protect oneself from such scams

Call Verification: 

• Be sure to always confirm the legitimacy of unexpected calls, particularly those purporting to be from law enforcement or delivery services. Make use of official contact information obtained from reliable sources to confirm the information presented.

Confidentiality:

• Use caution while disclosing personal information online or over the phone, particularly Aadhaar and bank account information. In general, legitimate authorities don't ask for private information in this way.

Official Documentation: 

• Request official documents via the appropriate means. Make sure that any documents—such as arrest warrants or other government documents—are authentic by getting in touch with the relevant authorities.

No Haste in Transactions: 

• Proceed with caution when responding hastily to requests for money or quick fixes. Creating a sense of urgency is a common tactic used by scammers to coerce victims into acting quickly.

Knowledge and Awareness: 

• Remain up to date on common fraud schemes and frauds. Keep up with the most recent strategies employed by online fraudsters to prevent falling for fresh scam iterations.

Report Suspicious Activity: 

• Notify the local police or other appropriate authorities of any suspicious calls or activities. Reports received in a timely manner can help investigations and shield others from falling for the same fraud.

2fA:

• Enable two-factor authentication (2FA) wherever you can to provide online accounts and transactions an additional degree of protection. This may lessen the chance of unwanted access.

Cybersecurity Software: 

• To defend against malware, phishing attempts, and other online risks, install and update reputable antivirus and anti-malware software on a regular basis.

Educate Friends and Family:

• Inform friends and family about typical scams and how to avoid falling victim to fraud. A safer online environment can be achieved through increased collective knowledge.

Be skeptical

• Whenever anything looks strange or too good to be true, it most often is. Trust your instincts. Prior to acting, follow your gut and confirm the information.

By taking these precautions and exercising caution, people may lessen their vulnerability to scams and safeguard their money and personal data from online fraudsters.

Conclusion:

Verifying calls, maintaining secrecy, checking official papers, transacting cautiously, and keeping up to date are all examples of protective measures for protecting ourselves from such scams. Using cybersecurity software, turning on two-factor authentication, and reporting suspicious activity are essential in stopping these types of frauds. Raising awareness and working together are essential to making the internet a safer place and resisting the activities of cybercriminals.

 References:

• https://indianexpress.com/article/cities/pune/pune-cybercrime-drug-in-parcel-cyber-scam-it-duping-9058298/#:~:text=In%20August%20this%20year%2C%20a,avoiding%20legal%20action%20including%20arrest.
• https://www.the420.in/pune-it-professional-duped-of-rs-27-9-lakh-in-drug-in-parcel-scam/
• https://www.newindianexpress.com/states/tamil-nadu/2023/oct/16/the-return-of-drugs-in-parcel-scam-2624323.html
• https://timesofindia.indiatimes.com/city/hyderabad/2-techies-fall-prey-to-drug-parcel-scam/articleshow/102786234.cms