#FactCheck -AI-Generated Crowd Video Falsely Tied to Epstein Files Release

Executive Summary:

Cyber incidents are evolving along with time, they are designed to attract and lure people through social networking sites and/or messaging services. In the recent past a spate of messages alleging that TRAI is offering ‘3 months free recharge with free voice calls and internet for 4g/5g with 200 GB free data’. These messages display the TRAI logo with attractive offers to trick the users into revealing their personal details. This blog discusses the functioning of this free mobile recharge scheme, its methods and guidelines on how to avoid such fake schemes. This blog explains the importance of vigilance and verification when receiving any links, emphasizing the need to report suspicious activities and educate others to prevent identity theft and protect personal information. 

Claim:

The message circulated an  enticing offer: free mobile recharge for 3 months which provides unlimited  free voice calls with 200GB 4G/5G data with TRAI logo. The key characteristics of the false claims are

• Official Branding: The logo of TRAI has been viewed as a deceptive facade of credibility. 

• Unrealistic Offers: It is accompanied by a free recharge , which is intended for an extended period indefinite period, like most fraudsters’ bait. 

• Urgency and Exclusivity: The offer is for a limited time to make urgency forcing the receiver to take the offer without confirmation. 

 The Deceptive Scheme:

Organized systematically, the fraudulent campaign usually proceeds in several steps, all of which aim at extracting  the victim’s personal data. Here’s a breakdown of the scheme:

1. Initial Contact:  Such messages or calls reach the users’ inboxes or phone numbers through social media applications such as WhatsApp or through text messages. These messages further implies that the user was chosen for the special offer from TRAI, which elicits the interest of the user. 

 2. Information Request: To claim the purported offer, users are directed to a website or asked to reply with personal details, including:

•  Phone number 
•  State of residence 
•  SIM provider details 

This is useful for the scammers as they harvest information which can be used to conduct identity theft or sold to others on the shady part of the internet known as the ‘Dark Web’. 

3. Fake Confirmation: After providing all the information, a congratulatory message appears on the screen showing that their phone number is eligible for the offer. The user is compelled to forward the message to many phone numbers through whatsapp to get the offer. 

 4. Pressure Tactics: The  message often implies a sense of time constraint or fear which psychologically produces pressure to provide all the user information. For example, users are given messages such as that if they do not ‘act now’, they will lose their mobile service. 

Analyzing the Fraudulent Campaign 

The TRAI fraudulent recharge scheme case depicts that  social engineering is used in cyber crimes. Here are some key aspects that characterize this campaign:

• Sophisticated Social Engineering 

Scammers take advantage of the holders’ confidence in official bodies such as TRAI. By using official TRAI logos, official language they try to deceive even cautious people. 

• Viral Spread 

The user is compelled to share the given message to friends and groups; this is an excellent strategy to spread the scam. It not only spreads the fraudulent message but also tries to extract the details of other people. 

• Technical Analysis

• Domain Name: SGOFF[.]CYOU
• Registry Domain ID: D472308342-CNIC
• Registrar WHOIS Server: whois.hkdns.hk
• Registrar URL: http://www.hkdns.hk
• Updated Date: 2024-07-24T18:50:48.0Z
• Creation Date: 2024-07-19T18:48:44.0Z
• Registry Expiry Date: 2025-07-19T23:59:59.0Z
• Registrar: West263 International Limited
• Registrar IANA ID: 1915
• Registrant State/Province: Anhui
• Registrant Country: CN
• Name Server: NORMAN.NS.CLOUDFLARE.COM
• Name Server: PAM.NS.CLOUDFLARE.COM
• DNSSEC: unsigned

Cloudflare Inc. is used to cover the scam. The real website always uses the older domain while this url has been registered recently which indicates that this link is a scam.  

‍

‍

The  graph indicates that some of the communicated files and websites are malicious.

CyberPeace Advisory and Best Practice:

In light of the growing threat posed by such scams, the Research Wing of CyberPeace recommend the following best practices to help users protect themselves: 

1. Verify Communications: It is always advisable to visit the official site of the organization or call the official contact numbers of the company to speak to their customer care and clarify about the offers. 

2. Do not share personal information: No genuine organization will call the people for personal information.  Step carefully and do not provide personal  information that will lead to identity theft when dealing with such offers. 

3. Report Fraudulent Activity: If one receives any calls or messages that seem to be suspicious, then the user can report cyber crimes to the National Cyber Crime Reporting Portal on www. cybercrime. gov. in or call on 1930. Such scams are reportable and assist the authorities in tracking and fighting the vice. 

4. Educate Others : Always raise awareness among friends by sharing these kinds of scams. Educating people helps to avoid them falling prey to such fraudulent schemes. 

5. Use Reliable Resources :  Always refer to official sources or websites for any kind of offers or promotions.

Conclusion:

The free recharge scheme for 3 months with the logo of TRAI is a fraudulent scam. There is no official information from TRAI or in their official website about this free recharge scheme. Though the scheme looks attractive, it is deceptive.  Through this, the scammers are trying to collect personal details of the individual. Before clicking any links, it is necessary to check the authenticity of the information, report these kinds of incidents to spread awareness among people. Always be safe and be vigilant.  

‍

Introduction:

The Indian Ministry of Communications has come up with a feature known as "Quick SMS Header Information" to provide citizens with more control over their messaging services. This feature would help users access crucial information about the sender through text message, therefore making the details readily available at their fingertips.

The Quick SMS Header service is the key to providing users with the feature to ensure that they are receiving messages from the correct source. Users can instantly learn all the necessary data about the sender of a certain SMS. This data is invaluable for making the distinction between real messages and suspicious spam or phishing, so the user can have a higher level of defense against online threats and scam activities.

Importance of Checking the Header:

1. Authenticity Verification: SMS header data represents another way to confirm the sender. This feature keeps the end user from wrongly assuming that the SMS is from a trusted source or an unknown sender. Hence, the end user is able to make a choice about the authenticity of the message.

2. Mitigating Spam and Phishing: The rise of SMS and phishing scams has created some significant hurdles for users in the process of differentiating between real and fake messages. Through the Quick SMS Header Information service, people will be able to look up any suspicious messages in order to be able to take appropriate steps to prevent links that lead to malicious websites or requests for personal information.

3. Enhancing User Security: The SMS header information plays an important role in ensuring that the user is secure and has no privacy issues.  The checking of the message headers will help us limit the possibilities of bad activities and reduce the chances of being a victim of cybercriminals.

4. Empowering Consumer Awareness: This feature is designed to encourage the people involved  to take responsibility for the security of their devices and establish a safer and more dependable digital platform.

Benefits:

• Enhanced Transparency: By giving access to the header information to the users, it is transparency that is promoted within the telecommunications ecosystem.
• Empowered Decision-Making: Now that users have information about the SMS header, they can make informed decisions regarding their communications and privacy.
• Efficient Resolution of Concerns: The Quick SMS Header Information serves the purpose of providing the needed resolution by telling us the message’s origin in cases where users come across any suspicious messages.
• User-Friendly Interface: With its easy and clear process, this feature caters to users of all technical proficiency levels, ensuring accessibility for all.

Working:

1. Compose Your SMS: Write a message with the header you wish to find the information about. For example, if you want to know details about a header labeled "SBIINB," your SMS should be in the format "DETAILS OF SBIINB." Note, all letters are in capital only.

2. Send it to 1909: Once your message is ready, send it to: 1909. Please note, this may charge you depending upon your current plan. 

3. Receive Response: The response to your SMS will be sent to you by the concerned telecommunication service provider or directly by 1909, a few seconds after you have sent your message. This response will have the data associated with the header above.

Another method to find SMS header information:

TRAI (Telecom Regulatory Authority of India) has made a tool on the webpage (https://smsheader.trai.gov.in/) to check for the SMS header associated with the message. 

TRAI has also mandated header registration for messages pertaining to transactional or promotional purposes. This has helped people identify the SMS header by simply looking into the database as made by TRAI.

Steps:

1. Go to https://smsheader.trai.gov.in/. The page looks like as shown below:

‍

2. Enter your Email, Name and complete the captcha under the Download/View Header Details and click on continue

‍

3. Enter the OTP received on your email with the captcha and click on continue

4. Now enter your SMS header in the format of AA-AAAA, where “AA” is your prefix and “AAAA” is your header name. For example, we have taken “AX-HDFCBK” as our sample header, so “AX” is our prefix and “HDFCBK” is our header name.

5. As soon as we press enter, the site returns the query with the information of the header, as shown below

Conclusion:

The importance of checking SMS headers is something that simply cannot be overemphasized. This is the principal procedure for identifying incoming messages as authentic, and on that basis, the users are able to make informed choices about the messages they receive. It also contributes to the rise of user safety and privacy.

The development of more transparent controls and a stronger decision-making process will make it easier for users to handle their digital lives. The Quick SMS Header Information service is easy and convenient to use, as its interface is simple and understandable for users of all technical levels.

In addition to this, TRAI's attempt to make available an online tool for the maintenance of a comprehensive database of SMS headers strengthens its position towards ensuring security for its users in the telecommunications sector.

‍

Introduction

On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).

However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.

The official notification dated 20th March 2024 read as follows:

“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”

Impact of the notification

The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.

Safe harbour provision u/s 79 of IT Act, 2000

Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.

Rule 3 (1)(b)(v) Under IT Amendment Rules 2023

Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”.

PIB - FCU

The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.

Concerns with IT Amendment Rules 2023

The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.

The Constitutional validity of  IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.

Supreme Court Stays Setting up of FCU

A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.

Emphasizing Freedom of Speech in the Democratic Environment

The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.

The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.

We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.

Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.

Conclusion

Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.

Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.

References

• https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
• https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
• https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
• https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
• ‍https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
• ‍https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
• ‍https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
• 2024 SCC On Line Bom 360

‍