#FactCheck – Debunked: Dhoni's Viral Picture Misinterpreted as Political Support

Introduction

In a setback to the Centre, the Bombay High Court on Friday 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms. 

Chronological Overview

• On 6th April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023). These rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government”. This amendment was done In exercise of the powers conferred by section 87 of the Information Technology Act, 2000. (IT Act).
• On 20 March 2024, the Central Government notified the Press Information Bureau (PIB) as FCU under rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023). 
• The next day on  21st March 2024, the Supreme Court stayed the Centre's decision on notifying PIB -FCU, considering the pendency of the proceedings before the High Court of Judicature at Bombay. A detailed analysis covered by CyberPeace on the Supreme Court Stay decision can be accessed here.
• In the latest development, the Bombay High Court on 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms.  

Brief Overview of Bombay High Court decision dated 20th September 2024

Justice AS Chandurkar was appointed as the third judge after a split verdict in January 2023 by a division bench consisting of Justices Gautam Patel and Neela Gokhal.  As a Tie-breaker judge' Justice AS Chandurkar delivered the decision striking down provisions for setting up a Fact Check Unit under IT amendment 2023 rules. Striking down the Centre's proposed fact check unit provision, Justice A S Chandurkar of Bombay High Court also opined that there was no rationale to undertake an exercise in determining whether information related to the business of the Central govt was fake or false or misleading when in digital form but not doing the same when such information was in print. It was also contended that there is no justification to introduce an FCU only in relation to the business of the Central Government. Rule 3(1)(b)(v) has a serious chilling effect on the exercise of the freedom of speech and expression under Article 19(1)(a) of the Constitution since the communication of the view of the FCU will result in the intermediary simply pulling down the content for fear of consequences or losing the safe harbour provision given under IT Act.  

Justice Chandurkar held that the expressions ‘fake, false or misleading’ are ‘vague and overbroad’, and that the ‘test of proportionality’ is not satisfied. Rule 3(1)(b)(v), was violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution and it is “ultra vires”, or beyond the powers, of the IT Act.

Role of Expert Organisations in Curbing Mis/Disinformation and Fake News

In light of the recent developments, and the rising incidents of Mis/Disinformation and Fake News it becomes significantly important that we all stand together in the fight against these challenges. The actions against Mis/Disinformation and fake news should be strengthened by collective efforts, the expert organisations like CyberPeace Foundation plays an key role in enabling and encouraging netizens to exercise caution and rely on authenticated sources, rather than solely rely on govt FCU to block the content. 

Mis/Disinformation and Fake News should be stopped, identified and countered by netizens at the very first stage of its spread. In light of the Bombay High Court's decision to stuck down the provision related to setting up the FCU by the Central Government, it entails that the government's intention to address misinformation related solely to its business/operations may not have been effectively communicated in the eyes of the judiciary.

It is high time to exercise collective efforts against Mis/Disinformation and Fake News and support expert organizations who are actively engaged in conducting proactive measures, and campaigns to target these challenges, specifically in the online information landscape. CyberPeace actively publishes fact-checking reports and insights on Prebunking and Debunking, conducts expert sessions and takes various key steps aimed at empowering netizens to build cognitive defences to recognise the susceptible information, disregard misleading claims and prevent further spreads to ensure the true online information landscape.

References:

• https://www.scconline.com/blog/post/2024/09/20/bombay-high-court-it-rules-amendment-2023-fact-check-units-article14-article19-legal-news/#:~:text=Bombay%20High%20Court%3A%20A%20case,grounds%20that%20it%20violated%20constitutional
• https://indianexpress.com/article/cities/mumbai/bombay-hc-strikes-down-it-act-amendment-fact-check-unit-9579044/
• https://www.cyberpeace.org/resources/blogs/supreme-court-stay-on-centres-notification-of-pibs-fact-check-unit-under-it-amendment-rules-2023

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Misinformation is a scourge in the digital world, making the most mundane experiences fraught with risk. The threat is considerably heightened in conflict settings, especially in the modern era, where geographical borders blur and civilians and conflict actors alike can take to the online realm to discuss -and influence- conflict events. Propaganda can complicate the narrative and distract from the humanitarian crises affecting civilians, while also posing a serious threat to security operations and law and order efforts. Sensationalised reports of casualties and manipulated portrayals of military actions contribute to a cycle of violence and suffering. 

A study conducted by MIT found the mere thought of sharing news on social media reduced the ability to judge whether a story was true or false; the urge to share outweighed the consideration of accuracy (2023).  Cross-border misinformation has become a critical issue in today's interconnected world, driven by the rise of digital communication platforms. To effectively combat misinformation, coordinated international policy frameworks and cooperation between governments, platforms, and global institutions are created.

The Global Nature of Misinformation

Cross-border misinformation is false or misleading information that spreads across countries. Out-of-border creators amplify information through social media and digital platforms and are a key source of misinformation. Misinformation can interfere with elections, and create serious misconceptions about health concerns such as those witnessed during the COVID-19 pandemic, or even lead to military conflicts. 

The primary challenge in countering cross-border misinformation is the difference in national policies, legal frameworks and governance policies of social media platforms across various jurisdictions. Examining the existing international frameworks, such as cybersecurity treaties and data-sharing agreements used for financial crimes might be helpful to effectively address cross-border misinformation. Adapting these approaches to the digital information ecosystem, nations could strengthen their collective response to the spread of misinformation across borders. Global institutions like the United Nations or regional bodies like the EU and ASEAN can work together to set a unified response and uniform international standards for regulation dealing with misinformation specifically. 

Current National and Regional Efforts

Many countries have taken action to deal with misinformation within their borders. Some examples include:

• The EU’s Digital Services Act has been instrumental in regulating online intermediaries and platforms including marketplaces, social networks, content-sharing platforms, app stores, etc. The legislation aims to prevent illegal and harmful activities online and the spread of disinformation.
• The primary legislation that governs cyberspace in India is the IT Act of 2000 and its corresponding rules (IT Rules, 2023), which impose strict requirements on social media platforms to counter misinformation content and enable the traceability of the creator responsible for the origin of misinformation. Platforms have to conduct due diligence, failing which they risk losing their safe harbour protection. The recently-enacted DPDP Act of 2023 indirectly addresses personal data misuse that can be used to contribute to the creation and spread of misinformation. Also, the proposed Digital India Act is expected to focus on “user harms” specific to the online world. 
• In the U.S., the Right to Editorial Discretion and Section 230 of the Communications Decency Act place the responsibility for regulating misinformation on private actors like social media platforms and social media regulations. The US government has not created a specific framework addressing misinformation and has rather encouraged voluntary measures by SMPs to have independent policies to regulate misinformation on their platforms.

The common gap area across these policies is the absence of a standardised, global framework for addressing cross-border misinformation which results in uneven enforcement and dependence on national regulations.

Key Challenges in Achieving International Cooperation

Some of the key challenges identified in achieving international cooperation to address cross-border misinformation are as follows:

• Geopolitical tensions can emerge due to the differences in political systems, priorities, and trust issues between countries that hinder attempts to cooperate and create a universal regulation.
• The diversity in approaches to internet governance and freedom of speech across countries complicates the matters further.
• Further complications arise due to technical and legal obstacles around the issues of sovereignty, jurisdiction and enforcement, further complicating matters relating to the monitoring and removal of cross-border misinformation. 

CyberPeace Recommendations 

• The UN Global Principles For Information Integrity Recommendations for Multi-stakeholder Action, unveiled on 24 June 2024, are a welcome step for addressing cross-border misinformation. This can act as the stepping stone for developing a framework for international cooperation on misinformation, drawing inspiration from other successful models like climate change agreements, international criminal law framework etc. 
• Collaborations like public-private partnerships between government, tech companies and civil societies can help enhance transparency, data sharing and accountability in tackling cross-border misinformation. 
• Engaging in capacity building and technology transfers in less developed countries would help to create a global front against misinformation. 

Conclusion

We are in an era where misinformation knows no borders and the need for international cooperation has never been more urgent. Global democracies are exploring solutions, both regulatory and legislative, to limit the spread of misinformation, however, these fragmented efforts fall short of addressing the global scale of the problem. Establishing a standardised, international framework, backed by multilateral bodies like the UN and regional alliances, can foster accountability and facilitate shared resources in this fight. Through collaborative action, transparent regulations, and support for developing nations, the world can create a united front to curb misinformation and protect democratic values, ensuring information integrity across borders.

References

• https://economics.mit.edu/sites/default/files/2023-10/A%20Model%20of%20Online%20Misinformation.pdf 
• https://www.indiatoday.in/global/story/in-the-crosshairs-manufacturing-consent-and-the-erosion-of-public-trust-2620734-2024-10-21 
• https://laweconcenter.org/resources/knowledge-and-decisions-in-the-information-age-the-law-economics-of-regulating-misinformation-on-social-media-platforms/ ‍
• https://www.article19.org/resources/un-article-19-global-principles-for-information-integrity/

Executive Summary:

Recently PAN-OS software of Palo Alto Networks was discovered with the critical vulnerability CVE-2024-3400. It is the software used to power all their networks in the next generation firewalls. This  vulnerability is a common injection vulnerability which provides access to unauthenticated attackers to execute random code having root privileges on the attacked system. This  has been exploited actively by threat actors,  leaving many organizations at risk for severe cyberattacks. This report helps to understand the exploitation, detection, mitigations and recommendations for this vulnerability.

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Understanding The CVE-2024-3400 Vulnerability:

CVE-2024-3400 impacts the particular version of PAN-OS and a certain configuration susceptible to this kind of a security issue. It is a command injection, which exists in the GlobalProtect module of the PAN-OS software. The vulnerability can be exploited by an unauthorized user to run any code on the firewall having root privileges.  This targets Active Directory database (ntds.dit), important data (DPAPI), and Windows event logs (Microsoft-Windows-TerminalServices-LocalSessionManager%4Operational.evtx) and also login data, cookies, and local state data for Chrome and Microsoft Edge from specific targets leading attackers to capture the browser master key and steal sensitive information of the organization.

The CVE-2024-3400 has been provided with a critical severity rating of 10.0. The following two weaknesses make this CVE  highly severe:

1. CWE-77: Improper Neutralization of Special Elements used in a Command ('Command Injection') 
2. CWE-20: Improper Input Validation.

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Impacted Products:

The affected version of PAN-OS by CVE-2024-3400 are-

Only the versions 10.2, 11.0, and 11.1, setup with GlobalProtect Gateway or GlobalProtect Portal are exploited by this vulnerability. Whereas the Cloud NGFW, Panorama appliances and Prisma Access are not affected.

Detecting Potential Exploitation: 

Palo Alto Networks has confirmed that they are aware of the exploitation of this particular vulnerability by threat actors. In a recent publication they have given acknowledgement to Volexity for identifying the vulnerability.  There is an increasing number of organizations that face severe and immediate risk by this exploitation. Third parties also have released the proof of concept for the vulnerability.

The suggestions were provided by Palo Alto Networks to detect this critical vulnerability. To detect this vulnerability, the following command shall be run on the command-line interface of PAN-OS device: 

grep pattern "failed to unmarshal session(.\+.\/" mp-log gpsvc.log*

This command looks through device logs for specific entries related to vulnerability. 

These log entries should contain a long, random-looking code called a GUID (Globally Unique Identifier) between the words "session(" and ")". If an attacker has tried to exploit the vulnerability, this section might contain a file path or malicious code instead of a GUID.

Presence of such entries in your logs, could be a sign of a potential attack to hack  your device which may look like:

• failed to unmarshal session(../../some/path)

A normal, harmless log entry would look like this:

• failed to unmarshal session(01234567-89ab-cdef-1234-567890abcdef)

Further investigations and actions shall be needed to secure the system in case the GUID entries were not found and suspicious.

Mitigation and Recommendations:

Mitigation of the risks posed by the critical CVE-2024-3400 vulnerability, can be accomplished by the following recommended steps:

• Immediately update Software:   This vulnerability is fixed in software releases namely PAN-OS 10.2.9-h1, PAN-OS 11.0.4-h1, PAN-OS 11.1.2-h3, and all higher versions. Updating software to these versions will protect your systems fully against potential exploitation.
• Leverage Hotfixes: Palo Alto Networks has released hotfixes for commonly deployed maintenance releases of PAN-OS 10.2, 11.0, and 11.1 for the users who cannot upgrade to the latest versions immediately. These hotfixes do provide a temporary solution while you prepare for the full upgrade.
• Enable Threat Prevention:  Incase of available Threat Prevention subscription, enable Threat IDs 95187, 95189, and 95191 to block attacks targeting the CVE-2024-3400 vulnerability. These Threat IDs are available in Applications and Threats content version 8836-8695 and later.
• Apply Vulnerability Protection: Ensure that vulnerability protection has been applied in the GlobalProtect interface to prevent the exploitation on the device. It can be implemented using these instructions. 
• Monitor Advisory Updates: Regularly checking for  the updates to the official advisory of Palo Alto Networks. This helps to stay up to date of the new releases of the guidance and threat prevention IDs of CVE-2024-3400.
• Disable Device Telemetry – Optional:  It is suggested to disable the device telemetry as an additional  precautionary measure.
• Remediation: If there is an active exploitation observed, follow the steps mentioned in this Knowledge Base article by Palo Alto Networks. 

Implementation of the above mitigation measures and recommendations would be in a position to greatly reduce the risk of exploitation you might face from a cyber attack targeting the CVE-2024-3400 vulnerability in Palo Alto Networks' PAN-OS software.

Conclusion: 

The immediate response should be taken against the offensive use of the critical CVE-2024-3400 vulnerability found in the PAN-OS platform of Palo Alto Networks.  Organizations should actively respond by implementing the suggested mitigation measures such as upgrading to the patched versions, enabling threat prevention and applying vulnerability protection to immediately protect from this vulnerability. Regular monitoring, implementing security defense mechanisms and security audits are the necessary measures that help to combat emerging threats and save critical resources.

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