#FactCheck - "Viral Video Falsely Claimed as Evidence of Attacks in Bangladesh is False & Misleading”

Biological data includes biometric information such as fingerprints, facial recognition, DNA sequences, and behavioral traits. Genetic data can be extracted from an individual’s remains long after their death and can continue to identify both that individual and an expanding pool of their living relatives. This persistent identification can significantly reduce privacy over time, revealing genetic characteristics and familial relationships across successive generations.

Key Developments in Privacy Protection for Biological Data:

Legal texts have been created relating to personal data protection and privacy broadly, and can sometimes prove to be poor adaptations specifically for ‘biometric data’ and its safety. Some examples are mentioned below:

1. EU and UK- GDPR

GDPR focuses primarily on biometrics in Biological Data while deciphering the technology's immense potential. The EU describes “personal data” under the General Data Protection Regulation (GDPR) including any identifiable information about a particular person. For example, this can include names, identification numbers, location data, and other structured and unstructured data. In addition, the GDPR has more specific requirements around processing sensitive or “special categories of personal data.” These “special categories” include things like genetic and biometric data. For biometric security to work well, citizens' rights must be protected appropriately, and the data collected by private and public concerns must be managed carefully and sensibly. 

2. USA

California Consumer Privacy Act (CCPA) grants Californian consumers the right to protect their personal information and biometric data including the right to disclosure or access, the right to be forgotten, and data portability. The sale of personal information and the option of opt-out is also given to consumers. Additionally, it contains the right to take legal action, with penalties imposed for violations.

The California Privacy Rights Act was passed on November 3, 2020, and took effect on January 1, 2023, with a lookback period starting January 1, 2022. It introduces sensitive personal information which includes biometric data and other sensitive details. 

Virginia's Consumer Data Protection Act, effective from January 1, 2023, designates genetic and biometric data as sensitive data that must be protected.

Illinois' Biometric Information Privacy Act is recognised as the most robust biometric privacy law in the United States. The significance of the Rosenbach v. Six Flags case lies in the Illinois Supreme Court's ruling that a plaintiff does not need to demonstrate additional harm to impose penalties on a BIPA violator. A mere loss of statutory biometric privacy rights is sufficient to warrant penalties.

3. India

As per Rule 2(1)(b) of the SPDI Rules, Sensitive Personal Data or Information, including biometric data is included under its meaning. The term ‘biometric data’ has not been defined in the Digital Personal Data Protection Act, 2023. The need for data privacy under the DPDP Act emerges only if such data is subsequently digitised under extraction and manipulation, including notice and consent requirements and penalties. 

The Biotech-PRIDE (Promotion of Research and Innovation through Data Exchange) Guidelines of 2021 are aimed at fostering an exchange of information which would thereby enhance research and innovation among various research groups nationwide. These guidelines do not deal with the generation of biological data but are a mechanism to share and exchange information and knowledge generated according to existing laws, rules, regulations and norms of the country. They will ensure data-sharing benefits, maximise use, avoid duplication, maximise integration, ownership of information, better decision-making and equity of access

How is Biological Data vulnerable?

• Biological data is often immutable, meaning it cannot be altered once compromised. Unlike other authentications that can be changed, compromised biometric data poses a permanent risk, making its protection paramount.
• The use of facial recognition technology by law enforcement agencies and the creation of databases by the same also highlights the urgent need for stringent privacy protections.
• Advances in technology, particularly AI and ML, make it easier to collect, analyse, and utilise biometric data by manipulating biometric data. This in turn is leading to new forms of identity theft and fraud that make it necessary to enhance security measures and ethical considerations to prevent abuse.
• Cross-border data transfers raise serious privacy concerns, especially as countries have varying levels and standards of data protection. 
• Wearable health-related biometric devices lack the required privacy protections which ends up making the data they collect vulnerable to misuse and breaches.

Future Outlook

With the growing use of biological data, there is likely to be increased pressure on regulatory bodies to strengthen privacy protections. This necessitates a need for enhanced security measures to protect users' identities and further prevent any form of unauthorised access. Future developments should be aimed at including strict consent requirements, and enhanced data security measures, especially for wearable devices. A new legal framework specifically designed to address the challenges posed by biometric data would be welcome. Biological data protection is an emerging need in the digital environment that we live in today.

References

• https://www.cnbc.com/2024/08/17/new-privacy-battle-is-underway-as-tech-gadgets-capture-our-brain-waves.html 
• https://www.snrlaw.in/sense-and-sensitivity-sensitive-information-under-indias-new-data-regime/ 
• https://www.thalesgroup.com/en/markets/digital-identity-and-security/government/biometrics/biometric-data‍
• https://www.business-standard.com/article/economy-policy/govt-releases-guideline-to-provide-framework-for-sharing-of-biological-data-121073001467_1.html

Executive Summary:

A viral post on social media shared with misleading captions about a National Highway being built with large bridges over a mountainside in Jammu and Kashmir. However, the investigation of the claim shows that the bridge is from  China. Thus the video is false and misleading.

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  Claim:

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A video circulating of National Highway 14 construction being built on the mountain side in Jammu and Kashmir.  

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Fact Check:

Upon receiving the image, Reverse Image Search was carried out, an image of an under-construction road,  falsely linked to Jammu and Kashmir has been proven inaccurate. After investigating we confirmed the road is from a different location that is G6911 Ankang-Laifeng Expressway in China, highlighting the need to verify information before sharing.

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Conclusion:

The viral claim mentioning under-construction Highway from Jammu and Kashmir is false. The post is actually from China and not J&K. Misinformation like this can mislead the public. Before sharing viral posts, take a brief moment to verify the facts. This highlights the importance of verifying information and relying on credible sources to combat the spread of false claims.

• Claim:  Under-Construction Road Falsely Linked to Jammu and Kashmir
• Claimed On: Instagram and X (Formerly Known As Twitter)
• Fact Check: False and Misleading 

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CAPTCHA, or the Completely Automated Public Turing Test to Tell Computers and Humans Apart function, is an image or distorted text that users have to identify or interpret to prove they are human. 2007 marked the inception of CAPTCHA, and Google developed its free service called reCAPTCHA, one of the most commonly used technologies to tell computers apart from humans. CAPTCHA protects websites from spam and abuse by using tests considered easy for humans but were supposed to be difficult for bots to solve. 

But, now this has changed. With AI becoming more and more sophisticated, it is now capable of solving CAPTCHA tests at a rate that is more accurate than humans, rendering them increasingly ineffective. This raises the question of whether CAPTCHA is still effective as a detection tool with the advancements of AI.

CAPTCHA Evolution: From 2007 Till Now

CAPTCHA has evolved through various versions to keep bots at bay. reCAPTCHA v1 relied on distorted text recognition, v2 introduced image-based tasks and behavioural analysis, and v3 operated invisibly, assigning risk scores based on user interactions. While these advancements improved user experience and security, AI now solves CAPTCHA with 96% accuracy, surpassing humans (50-86%). Bots can mimic human behaviour, undermining CAPTCHA’s effectiveness and raising the question: is it still a reliable tool for distinguishing real people from bots?

Smarter Bots and Their Rise

AI advancements like machine learning, deep learning and neural networks have developed at a very fast pace in the past decade, making it easier for bots to bypass CAPTCHA. They allow the bots to process and interpret the CAPTCHA types like text and images with almost human-like behaviour. Some examples of AI developments against bots are OCR or Optical Character Recognition. The earlier versions of CAPTCHA relied on distorted text: AI because of this tech is able to recognise and decipher the distorted text, making CAPTCHA useless. AI is trained on huge datasets which allows Image Recognition by identifying the objects that are specific to the question asked. These bots can mimic human habits and patterns by Behavioural Analysis and therefore fool the CAPTCHA. 

To defeat CAPTCHA, attackers have been known to use Adversarial Machine Learning, which refers to AI models trained specifically to defeat CAPTCHA. They collect CAPTCHA datasets and answers and create an AI that can predict correct answers. The implications that CAPTCHA failures have on platforms can range from fraud to spam to even cybersecurity breaches or cyberattacks. 

CAPTCHA vs Privacy: GDPR and DPDP

GDPR and the DPDP Act emphasise protecting personal data, including online identifiers like IP addresses and cookies. Both frameworks mandate transparency when data is transferred internationally, raising compliance concerns for reCAPTCHA, which processes data on Google’s US servers. Additionally, reCAPTCHA's use of cookies and tracking technologies for risk scoring may conflict with the DPDP Act's broad definition of data. The lack of standardisation in CAPTCHA systems highlights the urgent need for policymakers to reevaluate regulatory approaches.

CyberPeace Analysis: The Future of Human Verification

CAPTCHA, once a cornerstone of online security, is losing ground as AI outperforms humans in solving these challenges with near-perfect accuracy. Innovations like invisible CAPTCHA and behavioural analysis provided temporary relief, but bots have adapted, exploiting vulnerabilities and undermining their effectiveness. This decline demands a shift in focus. 

Emerging alternatives like AI-based anomaly detection, biometric authentication, and blockchain verification hold promise but raise ethical concerns like privacy, inclusivity, and surveillance. The battle against bots isn’t just about tools but it’s about reimagining trust and security in a rapidly evolving digital world.

AI is clearly winning the CAPTCHA war, but the real victory will be designing solutions that balance security, user experience and ethical responsibility. It’s time to embrace smarter, collaborative innovations to secure a human-centric internet.

References

• https://www.business-standard.com/technology/tech-news/bot-detection-no-longer-working-just-wait-until-ai-agents-come-along-124122300456_1.html 
• https://www.milesrote.com/blog/ai-defeating-recaptcha-the-evolving-battle-between-bots-and-web-security 
• https://www.technologyreview.com/2023/10/24/1081139/captchas-ai-websites-computing/‍
• https://datadome.co/guides/captcha/recaptcha-gdpr/