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The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf

Introduction

The CID of Jharkhand Police has uncovered a network of around 8000 bank accounts engaged in cyber fraud across the state, with a focus on Deoghar district, revealing a surprising 25% concentration of fraudulent accounts. In a recent meeting with bank officials, the CID shared compiled data, with 20% of the identified accounts traced to State Bank of India branches. This revelation, surpassing even Jamtara's cyber fraud reputation, prompts questions about the extent of cybercrime in Jharkhand. Under Director General Anurag Gupta's leadership, the CID has registered 90 cases, apprehended 468 individuals, and seized 1635 SIM cards and 1107 mobile phones through the Prakharna portal to combat cybercrime. 

This shocking revelation by, Jharkhand Police's Criminal Investigation Department (CID) has built a comprehensive database comprising information on about 8000 bank accounts tied to cyber fraud operations in the state. This vital information has aided in the launch of investigations to identify the account holders implicated in these illegal actions. Furthermore, the CID shared this information with bank officials at a meeting on January 12 to speed up the identification process.

Background of the Investigation

The CID shared the collated material with bank officials in a meeting on 12 January 2024 to expedite the identification process. A stunning 2000 of the 8000 bank accounts under investigation are in the Deoghar district alone, with 20 per cent of these accounts connected to various State Bank of India branches. The discovery of 8000 bank accounts related to cybercrime in Jharkhand is shocking and disturbing. Surprisingly, Deoghar district has exceeded even Jamtara, which was famous for cybercrime, accounting for around 25% of the discovered bogus accounts in the state.

As per the information provided by the CID Crime Branch, it has been found that most of the accounts were opened in banks, are currently under investigation and around 2000 have been blocked by the investigating agencies.

Recovery Process

During the investigation, it was found out that most of these accounts were running on rent, the cyber criminals opened them by taking fake phone numbers along with Aadhar cards and identity cards from people in return these people(account holders) will get a fixed amount every month. 

The CID has been unrelenting in its pursuit of cybercriminals. Police have recorded 90 cases and captured 468 people involved in cyber fraud using the Prakharna site. 1635 SIM Cards and 1107 mobile phones were confiscated by police officials during raids in various cities.

The Crime Branch has revealed the names of the cities where accounts are opened

1. Deoghar 2500
2. Dhanbad 1183
3. Ranchi 959
4. Bokaro 716
5. Giridih 707
6. Jamshedpur 584
7. Hazaribagh 526
8. Dumka 475
9. Jamtara 443

Impact on the Financial Institutions and Individuals

These cyber scams significantly influence financial organisations and individuals; let us investigate the implications.

• Victims: Cybercrime victims have significant financial setbacks, which can lead to long-term financial insecurity. In addition, people frequently suffer mental pain as a result of the breach of personal information, which causes worry, fear, and a lack of faith in the digital financial system. One of the most difficult problems for victims is the recovery process, which includes retrieving lost cash and repairing the harm caused by the cyberattack. Individuals will find this approach time-consuming and difficult, in a lot of cases people are unaware of where and when to approach and seek help. Hence, awareness about cybercrimes and a reporting mechanism are necessary to guide victims through the recovery process, aiding them in retrieving lost assets and repairing the harm inflicted by cyberattacks.

• Financial Institutions: Financial institutions face direct consequences when they incur significant losses due to cyber financial fraud. Unauthorised account access, fraudulent transactions, and the compromise of client data result in immediate cash losses and costs associated with investigating and mitigating the breach's impact. Such assaults degrade the reputation of financial organisations, undermine trust, erode customer confidence, and result in the loss of potential clients. 

• Future Implications and Solutions: Recently, the CID discovered a sophisticated cyber fraud network in Jharkhand. As a result, it is critical to assess the possible long-term repercussions of such discoveries and propose proactive ways to improve cybersecurity. The CID's findings are expected to increase awareness of the ongoing threat of cyber fraud to both people and organisations. Given the current state of cyber dangers, it is critical to implement rigorous safeguards and impose heavy punishments on cyber offenders. Government organisations and regulatory bodies should also adapt their present cybersecurity strategies to address the problems posed by modern cybercrime.

Solution and Preventive Measures

Several solutions can help combat the growing nature of cybercrime. The first and foremost step is to enhance cybersecurity education at all levels, including:

• Individual Level: To improve cybersecurity for individuals, raising awareness across all age groups is crucial. This can only be done by knowing the potential threats by following the best online practices, following cyber hygiene, and educating people to safeguard themselves against financial frauds such as phishing, smishing etc.
• Multi-Layered Authentication: Encouraging individuals to enable MFA for their online accounts adds an extra layer of security by requiring additional verification beyond passwords. 
• Continuous monitoring and incident Response:  By continuously monitoring their financial transactions and regularly reviewing the online statements and transaction history, ensure that everyday transactions are aligned with your expenditures, and set up the accounts alert for transactions exceeding a specified amount for usual activity.   
• Report Suspicious Activity: If you see any fraudulent transactions or activity, contact your bank or financial institution immediately; they will lead you through investigating and resolving the problem. The victim must supply the necessary paperwork to support your claim.

How to reduce the risks

• Freeze compromised accounts: If you think that some of your accounts have been compromised, call the bank immediately and request that the account be frozen or temporarily suspended, preventing further unauthorised truncations

• Update passwords: Update and change your passwords for all the financial accounts, emails, and online banking accounts regularly, if you suspect any unauthorised access, report it immediately  and always enable MFA that adds an extra layer of protection to your accounts.

Conclusion

The CID's finding of a cyber fraud network in Jharkhand is a stark reminder of the ever-changing nature of cybersecurity threats. Cyber security measures are necessary to prevent such activities and protect individuals and institutions from being targeted against cyber fraud. As the digital ecosystem continues to grow, it is really important to stay vigilant and alert as an individual and society as a whole. We should actively participate in more awareness activities to update and upgrade ourselves.  

References 

• https://avenuemail.in/cid-uncovers-alarming-cyber-fraud-network-8000-bank-accounts-in-jharkhand-involved/
• https://www.the420.in/jharkhand-cid-cyber-fraud-crackdown-8000-bank-accounts-involved/
• https://www.livehindustan.com/jharkhand/story-cyber-fraudsters-in-jharkhand-opened-more-than-8000-bank-accounts-cid-freezes-2000-accounts-investigating-9203292.html

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Introduction

The world has been surfing the wave of technological advancements and innovations for the past decade, and it all pins down to one device – our mobile phone. For all mobile users, the primary choices of operating systems are Android and iOS. Android is an OS created by google in 2008 and is supported by most brands like – One+, Mi, OPPO, VIVO, Motorola, and many more and is one of the most used operating systems. iOS is an OS that was developed by Apple and was introduced in their first phone – The iPhone, in 2007. Both OS came into existence when mobile phone penetration was slow globally, and so the scope of expansion and advancements was always in favor of such operating systems.

The Evolution

iOS

Ever since the advent of the iPhone, iOS has seen many changes since 2007. The current version of iOs is iOS 16. However, in the course of creating new iOS and updating the old ones, Apple has come out with various advancements like the App Store, Touch ID & Face ID, Apple Music, Podcasts, Augmented reality, Contact exposure, and many more, which have later become part of features of Android phone as well. Apple is one of the oldest tech and gadget developers in the world, most of the devices manufactured by Apple have received global recognition, and hence Apple enjoys providing services to a huge global user base.

Android

The OS has been famous for using the software version names on the food items like – Pie, Oreo, Nougat, KitKat, Eclairs, etc. From Android 10 onwards, the new versions were demoted by number. The most recent Android OS is Android 13; this OS is known for its practicality and flexibility. In 2012 Android became the most popular operating system for mobile devices, surpassing Apple’s iOS, and as of 2020, about 75 percent of mobile devices run Android.

Android vs. iOS

1. USER INTERFACE

One of the most noticeable differences between Android and iPhone is their user interface. Android devices have a more customizable interface, with options to change the home screen, app icons, and overall theme. The iPhone, on the other hand, has a more uniform interface with less room for customization. Android allows users to customize their home screen by adding widgets and changing the layout of their app icons. This can be useful for people who want quick access to certain functions or information on their home screen. IOS does not have this feature, but it does allow users to organize their app icons into folders for easier navigation.

2. APP SELECTION

Another factor to consider when choosing between Android and iOS is the app selection. Both platforms have a wide range of apps available, but there are some differences to consider. Android has a larger selection of apps overall, including a larger selection of free apps. However, some popular apps, such as certain music streaming apps and games, may be released first or only available on iPhone. iOS also has a more curated app store, meaning that all apps must go through a review process before being accepted for download. This can result in a higher quality of apps overall, but it can also mean that it takes longer for new apps to become available on the platform. iPhone devices tend to have less processing power and RAM. But they are generally more efficient in their use of resources. This can result in longer battery life, but it may also mean that iPhones are slower at handling multiple tasks or running resource-intensive apps.

3. PERFORMANCE

When it comes to performance, both Android and iPhone have their own strengths and weaknesses. Android devices tend to have more processing power and RAM. This can make them faster and more capable of handling multiple tasks simultaneously. However, this can also lead to Android devices having shorter battery life compared to iPhones.

4. SECURITY

Security is an important consideration for any smartphone user, and Android and iPhone have their own measures to protect user data. Android devices are generally seen as being less secure than iPhones due to their open nature. Android allows users to install apps from sources other than the Google Play Store, which can increase the risk of downloading malicious apps. However, Android has made improvements in recent years to address this issue. Including the introduction of Google Play Protect, which scans apps for malware before they are downloaded. On the other hand, iPhone devices have a more closed ecosystem, with all apps required to go through Apple‘s review process before being available for download. This helps reduce the risk of downloading malicious apps, but it can also limit the platform’s flexibility.

Conclusion

The debate about the better OS has been going on for some time now, and it looks like it will get more comprehensive in the times to come, as netizens go deeper into cyberspace, they will get more aware and critical of their uses and demands, which will allow them to opt for the best OS for their convenience. Although the Andriod OS, due to its integration, stands more vulnerable to security threats as compared to iOS, no software is secure in today’s time, what is secure is its use and application hence the netizen and the platforms need to increase their awareness and knowledge to safeguard themselves and the wholesome cyberspace.