#FactCheck - AI Manipulated image showing Anant Ambani and Radhika Merchant dressed in golden outfits.

Introduction:

Welcome to the third edition of our blog on digital forensics series. In our previous blog we discussed the difference between copying, cloning, and imaging in the context of Digital Forensics, and found out why imaging is a better process. Today we will discuss the process of evidence collection in Digital Forensics. The whole process starts with making sure the evidence collection team has all necessary tools required for the task.

Investigating Tools and Equipment:

Below are some mentioned tools that the team should carry with them for a successful evidence collection:

• Anti-static bags
• Faraday bags
• Toolkit having screwdrivers(nonmagnetic), scissors, pins, cutters, forceps, clips etc.
• Rubber gloves
• Incident response toolkit (Software)
• Converter/Adapter: USB, SATA, IDE, SCSI
• Imaging software
• Volatile data collection tools (FTK Imager, Magnet Forensics RAM Capture)
• Pens, permanent markers
• Storage containers
• Batteries
• Video cameras
• Note/sketch pads
• Blank storage media
• Write-Blocker device
• Labels
• Crime scene security tapes
• Camera

What sources of Data are necessary for Digital Evidence?

• Hard-Drive (Desktop, Laptop, External, Server)
• Flash Drive
• SD Cards
• Floppy Disks
• Optical Media (CD, DVD)
• CCTV/DVR
• Internal Storage of Mobile Device
• GPS (Mobile/Car)
• Call Site Track (Towers)
• RAM

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Evidence Collection

The investigators encounter two primary types of evidence during the course of gathering evidence: non-electronic and electronic evidence.

The following approaches could be used to gather non-electronic evidence:

• In the course of looking into electronic crimes, recovering non-electronic evidence can be extremely important.  Be cautious to make sure that this kind of evidence is retrieved and kept safe. Items that may be relevant to a later review of electronic evidence include passwords, papers or printouts, calendars, literature, hardware and software manuals, text or graphical computer printouts, and photos.  These items should be secured and kept for further examination.
• They are frequently found close to the computer or other related hardware.  Locating, securing, and preserving all evidence is required by departmental procedures.

Three scenarios arise for the collection of digital evidence from computers: 

Situation 1: The desktop is visible, and the monitor is on.

• Take a picture of the screen and note the data that is visible. 
• Utilize tools for memory capturing to gather volatile data.
• Look for virtual disks. If so, gather mounted data's logical copies.
• Give each port and connection a label.
• Take a picture of them.
• Turn off network access to stop remote access.
• Cut off the power or turn it off.
• Locate and disconnect the hard drive by opening the CPU chassis.
• Take all evidence and place it in anti-magnetic (Faraday) bags.
• Deliver the evidence to the forensic lab.
• Keep the chain of custody intact.

Situation 2: The monitor is turned on, but it either has a blank screen (sleep mode) or an image for the screensaver.

• Make a small mouse movement (without pressing buttons). The work product should appear on the screen, or it should ask for a password.
• If moving the mouse does not result in a change to the screen, stop using the mouse and stop all keystrokes.
• Take a picture of the screen and note the data that is visible.
• Use memory capturing tools to gather volatile data (always use a write blocker to prevent manipulation during data collection).
• Proceed further in accordance with Situation 1.

Situation 3: The Monitor Is Off

• Write down the "off" status.
• After turning on the monitor, check to see if its status matches that of situations 1 or 2 above, and then take the appropriate action.
• Using a phone modem, cable, confirm that you are connected to the outside world. Try to find the phone number if there is a connection to the phone.
• To protect evidence, take out the floppy disks that might be there, package each disk separately, and label the evidence.  Put in a blank floppy disk or a seizure disk, if one is available. Avoid touching the CD drive or taking out CDs.
• Cover the power connector and every drive slot with tape.
• Note the serial number, make, and model.
• Take a picture of the computer's connections and make a diagram with the relevant cables.
• To enable precise reassembly at a later date, label all connectors and cable ends, including connections to peripheral devices. Put "unused" on any connection ports that are not in use.  Recognize docking stations for laptop computers in an attempt to locate additional storage media.
• All evidence should be seized and placed in anti-magnetic (Faraday) bags.
• All evidence should be seized and placed in anti-magnetic (Faraday) bags.
• Put a tag or label on every bag.
• Deliver the evidence to the forensic lab.
• Keep the chain of custody intact. 

Following the effective gathering of data, the following steps in the process are crucial: data packaging, data transportation, and data storage.

The following are the steps involved in data packaging, transportation, and storage:

Packaging:

• Label every computer system that is gathered so that it can be put back together exactly as it was found

When gathering evidence at a scene of crime,

• Before packing, make sure that every piece of evidence has been appropriately  labeled and documented.
• Latent or trace evidence requires particular attention, and steps should be taken to preserve it.
• Use paper or antistatic plastic bags for packing magnetic media to prevent static electricity. Do not use materials like regular plastic bags (instead use faraday bags) that can cause static electricity. 
• Be careful not to bend, fold, computer media like tapes, or CD-ROM.
• Make sure that the labels on every container used to store evidence are correct.

Transporting

• Make sure devices are not packed in containers and are safely fastened inside the car to avoid shock and excessive vibrations. Computers could be positioned on the floor of the car,and monitors could be mounted on the seat with the screen down .

When transporting evidence—

• Any electronic evidence should be kept away from magnetic sources.  Radiation transmitters, speaker magnets, and heated seats are a few examples of items that can contaminate electronic evidence.
• Avoid leaving electronic evidence in your car for longer than necessary. Electronic devices can be harmed by extremes in temperature, humidity.
• Maintain the integrity of the chain of custody while transporting any evidence.

Storing

• Evidence should be kept safe and away from extremes in humidity and temperature. Keep it away from dust, moisture, magnetic devices, and other dangerous impurities.  Be advised that extended storage may cause important evidence—like dates, times, and system configurations—to disappear. Because batteries have a finite lifespan, data loss may occur if they malfunction. Whenever the battery operated device needs immediate attention, it should be informed to the relevant authority (eg., the chief of laboratory, the forensic examiner, and the custodian of the evidence). 

CONCLUSION:

Thus, securing the crime scene to packaging, transportation and storage of data are the important steps in the process of collecting digital evidence in forensic investigations. Keeping the authenticity during the process along with their provenance is critical during this phase. It is also important to ensure the admissibility of evidence in legal proceedings. This systematic approach is essential for effectively investigating and prosecuting digital crimes.

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Introduction

As our reliance on digital communication technologies increases, so do the risks associated with the same. The propagation of false information is a significant concern. According to the World Economic Forum's 2024 Global Risk Report, India ranks the highest for misinformation and disinformation risk. Indian Vice President Shri Jagdeep Dhankhar emphasized the importance of transparency and accountability in the digital information age, addressing Indian Information Service officer trainees at the Vice President's Enclave on 18th June 2024. He has highlighted the issue of widespread misinformation and the need to regulate it. He stated “Information is power, information is too dangerous a power, information is that power which has to be regulated’’.

VC calls for regulation of the Information Landscape 

The Vice President of India, Shri Dhankhar, has called on young Indian Information Service officers to act swiftly to neutralize misinformation on social media. He emphasized the importance of protecting individuals and institutions from fake narratives set afloat on social media. The VP called for the officers to act as information warriors, protecting the privacy and reputation of affected individuals or institutions. 

The VP also highlighted India's vibrant democracy and the need for trust in the government. He called for the neutralization of motivated narratives set by global media and stressed the importance of not allowing others to calibrate them. He also emphasized the need to promote India's development narrative globally, highlighting its rich cultural heritage and diversity. He has expressed the need to regulate information, saying “Unregulated information & fake news can create a disaster of un-imaginable proportion.”

MeitY Advisory dated 1st March 2024

As regards to the issue of misinformation, the recently-issued advisory by the Ministry of Electronics and Information Technology (MeitY), specifies that all users should be well informed about the consequences of dealing with unlawful information on online platforms, including disabling access, removing non-compliant information, suspension or termination of access or usage rights of the user to their user account and imposing punishment under applicable law. The advisory entails that users are clearly informed, through terms of services and user agreements, about the consequences of engaging with unlawful information on the platform. Measures to combat deepfakes or misinformation have also been discussed in the advisory. The advisory necessitates identifying synthetically-created content across various formats, and advising platforms to employ labels, unique identifiers, or metadata to ensure transparency. Furthermore, the advisory mandates the disclosure of software details and tracing the first originator of such synthetically created content.

Conclusion

The battle against the growing incidences of misinformation and disinformation will not be easily won: developing a robust regulatory framework to counter online misinformation is essential. Alongside the regulatory framework, the government should encourage digital literacy campaigns, promote prebunking and debunking strategies and collaborate with relevant organisations such as cybersecurity experts, fact-checking entities, researchers, and policy analysts to combat misinformation on the Internet. Vice President Jagdeep Dhankhar's statement scores the need to regulate information to prevent the spread of fake news or misinformation.

References:

1. https://pib.gov.in/PressReleaseIframePage.aspx?PRID=2026304
2. https://regmedia.co.uk/2024/03/04/meity_ai_advisory_1_march.pdf

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Introduction

The Senate bill introduced on 19 March 2024 in the United States would require online platforms to obtain consumer consent before using their data for Artificial Intelligence (AI) model training. If a company fails to obtain this consent, it would be considered a deceptive or unfair practice and result in enforcement action from the Federal Trade Commission (FTC) under the AI consumer opt-in, notification standards, and ethical norms for training (AI Consent) bill. The legislation aims to strengthen consumer protection and give Americans the power to determine how their data is used by online platforms. 

The proposed bill also seeks to create standards for disclosures, including requiring platforms to provide instructions to consumers on how they can affirm or rescind their consent. The option to grant or revoke consent should be made available at any time through an accessible and easily navigable mechanism, and the selection to withhold or reverse consent must be at least as prominent as the option to accept while taking the same number of steps or fewer as the option to accept.

The AI Consent bill directs the FTC to implement regulations to improve transparency by requiring companies to disclose when the data of individuals will be used to train AI and receive consumer opt-in to this use. 
The bill also commissions an FTC report on the technical feasibility of de-identifying data, given the rapid advancements in AI technologies, evaluating potential measures companies could take to effectively de-identify user data.

The definition of ‘Artificial Intelligence System’ under the proposed bill

ARTIFICIALINTELLIGENCE SYSTEM- The term artificial intelligence system“ means a machine-based system that—

1. Is capable of influencing the environment by producing an output, including predictions, recommendations or decisions, for a given set of objectives; and
2. 2. Uses machine or human-based data and inputs to

(i) Perceive real or virtual environments;

(ii) Abstract these perceptions into models through analysis in an automated manner (such as by using machine learning) or manually; and

(iii) Use model inference to formulate options for outcomes.

Importance of the proposed AI Consent Bill USA

1. Consumer Data Protection: The AI Consent bill primarily upholds the privacy rights of an individual. Consent is necessitated from the consumer before data is used for AI Training; the bill aims to empower individuals with unhinged autonomy over the use of personal information. The scope of the bill aligns with the greater objective of data protection laws globally, stressing the criticality of privacy rights and autonomy.

2. Prohibition Measures: The proposed bill intends to prohibit covered entities from exploiting the data of consumers for training purposes without their consent. This prohibition extends to the sale of data, transfer to third parties and usage. Such measures aim to prevent data misuse and exploitation of personal information. The bill aims to ensure companies are leveraged by consumer information for the development of AI without a transparent process of consent.

3. Transparent Consent Procedures: The bill calls for clear and conspicuous disclosures to be provided by the companies for the intended use of consumer data for AI training. The entities must provide a comprehensive explanation of data processing and its implications for consumers. The transparency fostered by the proposed bill allows consumers to make sound decisions about their data and its management, hence nurturing a sense of accountability and trust in data-driven practices.

4. Regulatory Compliance: The bill's guidelines call for strict requirements for procuring the consent of an individual. The entities must follow a prescribed mechanism for content solicitation, making the process streamlined and accessible for consumers. Moreover, the acquisition of content must be independent, i.e. without terms of service and other contractual obligations. These provisions underscore the importance of active and informed consent in data processing activities, reinforcing the principles of data protection and privacy.

5. Enforcement and Oversight: To enforce compliance with the provisions of the bill, robust mechanisms for oversight and enforcement are established. Violations of the prescribed regulations are treated as unfair or deceptive acts under its provisions. Empowering regulatory bodies like the FTC to ensure adherence to data privacy standards. By holding covered entities accountable for compliance, the bill fosters a culture of accountability and responsibility in data handling practices, thereby enhancing consumer trust and confidence in the digital ecosystem.

Importance of Data Anonymization

Data Anonymization is the process of concealing or removing personal or private information from the data set to safeguard the privacy of the individual associated with it. Anonymised data is a sort of information sanitisation in which data anonymisation techniques encrypt or delete personally identifying information from datasets to protect data privacy of the subject. This reduces the danger of unintentional exposure during information transfer across borders and allows for easier assessment and analytics after anonymisation. When personal information is compromised, the organisation suffers not just a security breach but also a breach of confidence from the client or consumer. Such assaults can result in a wide range of privacy infractions, including breach of contract, discrimination, and identity theft.

The AI consent bill asks the FTC to study data de-identification methods. Data anonymisation is critical to improving privacy protection since it reduces the danger of re-identification and unauthorised access to personal information. Regulatory bodies can increase privacy safeguards and reduce privacy risks connected with data processing operations by investigating and perhaps implementing anonymisation procedures.

The AI consent bill emphasises de-identification methods, as well as the DPDP Act 2023 in India, while not specifically talking about data de-identification, but it emphasises the data minimisation principles, which highlights the potential future focus on data anonymisation processes or techniques in India.

Conclusion

The proposed AI Consent bill in the US represents a significant step towards enhancing consumer privacy rights and data protection in the context of AI development. Through its stringent prohibitions, transparent consent procedures, regulatory compliance measures, and robust enforcement mechanisms, the bill strives to strike a balance between fostering innovation in AI technologies while safeguarding the privacy and autonomy of individuals.

References:

• https://fedscoop.com/consumer-data-consent-training-ai-models-senate-bill/#:~:text=%E2%80%9CThe%20AI%20CONSENT%20Act%20gives,Welch%20said%20in%20a%20statement
• https://www.dataguidance.com/news/usa-bill-ai-consent-act-introduced-house#:~:text=USA%3A%20Bill%20for%20the%20AI%20Consent%20Act%20introduced%20to%20House%20of%20Representatives,-ConsentPrivacy%20Law&text=On%20March%2019%2C%202024%2C%20US,the%20U.S.%20House%20of%20Representatives
• https://datenrecht.ch/en/usa-ai-consent-act-vorgeschlagen/
• https://www.lujan.senate.gov/newsroom/press-releases/lujan-welch-introduce-billto-require-online-platforms-receive-consumers-consent-before-using-their-personal-data-to-train-ai-models/

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