#FactCheck : Edited video falsely claims Dr. Vikas Divyakirti targeted Narendra Modi

Introduction

Earlier this month, lawmakers in Colorado, a U.S. state, were summoned to a special legislative session to rewrite their newly passed Artificial Intelligence (AI) law before it even takes effect. Although the discussion taking place in Denver may seem distant, evolving regulations like this one directly address issues that India will soon encounter as we forge our own course for AI governance.

The Colorado Artificial Intelligence Act

Colorado became the first U.S. state to pass a comprehensive AI accountability law, set to come into force in 2026. It aims to protect people from bias, discrimination, and harm caused by predictive algorithms since AI tools have been known to reproduce societal biases by sidelining women from hiring processes, penalising loan applicants from poor neighbourhoods, or through welfare systems that wrongly deny citizens their benefits. But the law met resistance from tech companies who threatened to pull out form the state, claiming it is too broad in scope in its current form and would stifle innovation. This brings critical questions about AI regulation to the forefront:

• Who should be responsible when AI causes harm? Developers, deployers, or both? 
• How should citizens seek justice? 
• How can tech companies be incentivised to develop safe technologies? 

Colorado’s governor has called a special session to update the law before it kicks in. 

What This Means for India 

India is on its path towards framing a dedicated AI-specific law or directions, and discussions are underway through the IndiaAI Mission, the proposed Digital India Act, committee set by the Delhi High Court on deepfake and other measures. But the dilemmas Colorado is wrestling with are also relevant here.

• AI uptake is growing in public service delivery in India. Facial recognition systems are expanding in policing, despite accuracy and privacy concerns. Fintech apps using AI-driven credit scoring raise questions of fairness and transparency.
• Accountability is unclear. If an Indian AI-powered health app gives faulty advice, who should be liable- the global developer, the Indian startup deploying it, or the regulator who failed to set safeguards?
• India has more than 1,500 AI startups (NASSCOM), which, like Colorado’s firms, fear that onerous compliance could choke growth. But weak guardrails could undermine public trust in AI altogether.

Lessons for India

India’s Ministry of Electronics and IT ( MEITy) favours a light-touch approach to AI regulation, and exploring and advancing ways for a future-proof guideline. Further, lessons from other global frameworks can guide its way. 

• Colorado’s case shows us the necessity of incorporating feedback loops in the policy-making process. India should utilise regulatory sandboxes and open, transparent consultation processes before locking in rigid rules. 
• It will also need to explore proportionate obligations, lighter for low-risk applications and stricter for high-risk use cases such as policing, healthcare, or welfare delivery. 
• Europe’s AI Act is heavy on compliance, the U.S. federal government leans toward deregulation, and Colorado is somewhere in between. India has the chance to create a middle path, grounded in our democratic and developmental context.

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Conclusion

As AI becomes increasingly embedded in hiring, banking, education, and welfare, opportunities for ordinary Indians are being redefined. To shape how this pans out, states like Tamil Nadu and Telangana have taken early steps to frame AI policies. Lessons will emerge from their initiative in addressing AI governance. Policy and regulation will always be contested, but contestations are a part of the process. 

The Colorado debate shows us how participative law-making, with room for debate, revision, and iteration, is not a weakness but a necessity. For India’s emerging AI governance landscape, the challenge will be to embrace this process while ensuring that citizen rights and inclusion are balanced well with industry concerns. CyberPeace advocates for responsible AI regulation that balances innovation and accountability.

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References 

• https://www.cbsnews.com/colorado/news/colorado-lawmakers-look-repeal-replace-controversial-artificial-intelligence-law/
• https://www.naag.org/attorney-general-journal/a-deep-dive-into-colorados-artificial-intelligence-act/
• https://carnegieendowment.org/research/2024/11/indias-advance-on-ai-regulation?lang=en 
• https://the-captable.com/2024/12/india-ai-regulation-light-touch/ 
• https://indiaai.gov.in/article/tamilnadu-s-ai-policy-six-step-tamdef-guidance-framework-and-deepmax-scorecard 

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Introduction

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With the advent of cloud computing, new information and asset delivery avenues have become possible, including Infrastructure-as-a-Service, Platform-as-a-Service, and Software-as-a-Service. With this change, the conventional paradigm of "computer as a product" is replaced with "computing as a service," which is provided to customers via the internet by big data warehouses or the cloud. Additionally, it has brought about an essential shift in how organisations function, allowing them to access computer tools and services online instead of needing to construct and manage their IT systems. As a result, organizations are now more agile, scalable, and efficient and can react swiftly to shifting consumer demands and market situations.

The Growth of Remote and Hybrid Workspaces

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Hybrid and remote workplaces are becoming more popular post-pandemic era. Many businesses have used regional workplace solutions to manage a more scattered workforce. IT departments are put in a difficult position since they have to make sure that branch office staff and remote workers can access the information they require safely and dependably. VPNs and Direct Internet Access links are becoming more and more popular, thus IT professionals are coming up with innovative ways for connecting distant locations to the main office while protecting the confidentiality of information.

User Portability

‍The widespread use of mobile devices for work, along with the growing Bring Your Own Device (BYOD) culture, has significantly contributed to the rise of remote work and flexible work environments. Employees can now connect to corporate systems using either personal or company-issued devices through secure methods such as Virtual Private Networks (VPNs) or cloud-based platforms. This has made teleworking, work-from-home setups, and flexible work hours increasingly common and practical, allowing for greater productivity and work-life balance.

Growing Volume of Traffic

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Professionals in the modern workplace must have access to private apps stored in a data centre or a multi-cloud setup. Nevertheless, these programs might not always be easily accessible from branch offices or by remote workers and staff members might not have instant support for IT. Organizations must discover solutions to this problem so that remote workers may consistently and dependably access company resources while also making the most of their current assets. It is important to note that employees need reliable and secure ways to access their work tools from anywhere, just like they would in the office.

Battling Networking and Security Issues in a Post-Pandemic Setting

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While many businesses have successfully adopted a cloud-first approach for new system implementations or have deployed specific Software-as-a-Service (SaaS) solutions, many are still struggling to fully reap the benefits of moving most or all of their business software to the cloud.

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• Conventional IT frameworks allowed for the creation of the present company applications. Because of this, these applications are frequently inflexible and configured for fixed capacity across a limited number of data facilities. Certain organizations could lack the elements required to oversee an entire cloud migration. This could be the result of things like an affinity for on-premises systems, aversion to alteration, or a lack of experience with cloud systems. 
• Although cloud computing might be a cost-effective solution for some workloads, it might not be the best choice overall. Running certain applications in a combination of cloud services or on-premises may be more cost-effective. 
• Particularly if they are regionally distributed, workloads requiring high connection speeds or low latency may not be ideal for cloud computing.
• If a corporation lacks authority over the servers in the cloud, it may be concerned about the integrity of its data stored there. Consequently, they would rather keep it inside their data facilities.
• Firms may be restricted in their ability to migrate some types of information to the cloud by legal or compliance regulations. 

Networking and Cybersecurity Consolidation: Handling Present Risks

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In the past, protecting a network required establishing boundaries and keeping an eye on communication between recognized devices. However, it is now required for a network's components to work together as a cohesive system due to shifting expectations. To do this, flexible network pieces must be able to communicate with one another while also protecting workflows, apps, and payments that move across different devices. The current problem is to effortlessly combine security with network capabilities and connection so that data can flow between constantly moving devices while being inspected, encrypted, and subject to regulation.

Infrastructure and security personnel must update their methods and equipment to better meet these constraints to deliver reliable, efficient, and trustworthy access across users, apps, and regions within an enterprise. Inevitably, networking and safety will eventually merge for improved organizational alignment.

Businesses may stay ahead of the competition in attracting top people in an increasingly diverse and cost-effective workplace by integrating a virtual and physical workforce. The future of security solutions lies in consolidation and platformisation; a cloud-centric Secure Access Service Edge (SASE) the capacity offering paired with network edge capabilities like secured Software-Defined Wide Area Network (SD-WAN) can improve and automate the safety measures of the company while also cutting down on the complexity and expense of managing disparate point remedies.

Safe Networking: Moving Towards This Phenomenon and Concentration of Cybersecurity

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Companies relying on conventional networking models often face challenges in securing modern elements, such as cloud-based applications, remote users, mobile devices, and distributed locations, because traditional networks were not designed with these factors in mind. A robust networking strategy integrates both safety and networking into one system to get around these problems. It enhances security posture and network performance. It improves the user's experience and lessens the complexities of management. It is important to combine point product providers into a risk management platform rather than implementing safety measures one at a time. Tighter cooperation, greater efficiency, and a quicker, better-coordinated reaction to network threats are made possible by this.

SASE: A Coordinated Method

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Secure Access Service Edge (SASE) is a cloud-based architecture that offers security and networking solutions as needed and unites all edges into a single logical connection.

SASE drivers

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Conventional safety measures are ill-suited to deal with the more dispersed and complicated IT environment brought about by the advent of the Internet of Things, edge computing, and telecommuting. Using SASE, security and network services may be accessed from the cloud, eliminating the need to backhaul traffic to a single data centre for safety assessment.

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• Distant user traffic assessment and blind spots presented difficulties for companies.
• Full oversight over hybrid network operations is provided by SASE technology, which provides network services including FWaaS, SWG, DLP, and CASB.
• Issues around abnormal port usage and policy violations have arisen as more customers access SaaS apps from different gadgets and regions.
• SASE technology reduces the cost of hiring IT staff by combining safe access to resources from one supplier.
• SASE technology consolidates secure accessibility capabilities from one vendor, hence lowering the cost of hiring IT workers.
• One major benefit of SASE technology is its ease of administration. Even when overseeing multiple offices inside a corporate network, the IT department's job is minimized because a single cloud-based administrator manages the entire system.

Recommendations

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• For high-risk use cases, consider utilizing Zero Trust Network Access to supplement or replace the outdated VPN for distant users.
• Take inventory of the gear and agreements in order to progressively replace the branch and perimeter hardware on-site over a few years in favour of delivering SASE functionalities via the cloud.
• Simplify and cut expenses by grouping suppliers when VPN, CASB, and encrypted web portal agreements are up for renewal. Profit from a market that has come together and integrated these security edge services.
• Limit SASE products to a couple of partnering companies.
• Irrespective of location, integrate Zero Trust Network Access (ZTNA) and methods of authorization (such as MFA) for every client, including those in the workplace or branch.
• To meet security and regulatory requirements, select SASE products that provide you control over where inspection takes place, how traffic is directed, what is recorded, and where records are kept.

Conclusion

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The development of cloud technology, the rise of offsite and hybrid workplaces, and the increased challenges in communication and privacy following the pandemic highlight the necessity for a comprehensive and integrated strategy. By adopting SASE (Secure Access Service Edge), a cloud-centric framework that enables secure connectivity across diverse environments, businesses can enhance cybersecurity, streamline operations, and adapt to the evolving needs of modern workplaces. This approach ultimately contributes to a safer and more efficient future for information architecture.

References

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• https://www.dsci.in/files/content/knowledge-centre/2023/DSCI-Fortinet%20POV%20Paper.pdf
• https://www.datacenterknowledge.com/cloud/cloud-trends-and-cybersecurity-challenges-navigating-future
• https://banagevikas.medium.com/cybersecurity-trends-2024-navigating-the-future-10383ec10efe

Authors:

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Soumya Gangele (Intern - Tech & Policy), CyberPeace

Neeraj Soni (Sr. Researcher), CyberPeace

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Introduction

Big Tech has been pushing back against regulatory measures, particularly regarding data handling practices. X Corp (formerly Twitter) has taken a prominent stance in India. The platform has filed a petition against the Central and State governments, challenging content-blocking orders and opposing the Center’s newly launched Sahyog portal.  The X Corp has furthermore labelled the Sahyog Portal as a 'censorship portal' that enables government agencies to issue blocking orders using a standardized template.

The key regulations governing the tech space in India include the IT Act of 2000,  IT Rules 2021 and 2023 (which stress platform accountability and content moderation), and the DPDP Act 2023, which intersects with personal data governance. This petition by the X Corp raises concerns for digital freedom, platform accountability, and the evolving regulatory frameworks in India. 

Elon Musk vs Indian Government: Key Issues at Stake

The 2021 IT Rules, particularly Rule 3(1)(d) of Part II, outline intermediaries' obligations regarding ‘Content Takedowns’. Intermediaries must remove or disable access to unlawful content within 36 hours of receiving a court order or government notification. Notably, the rules do not require government takedown requests to be explicitly in writing, raising concerns about potential misuse. 

X’s petition also focuses on the Sahyog Portal, a government-run platform that allows various agencies and state police to request content removal directly. They contend that the failure to comply with such orders can expose intermediaries' officers to prosecution. This has sparked controversy, with platforms like Elon Musk’s X arguing that such provisions grant the government excessive control, potentially undermining free speech and fostering undue censorship.

The broader implications include geopolitical tensions, potential business risks for big tech companies, and significant effects on India's digital economy, user engagement, and platform governance. Balancing regulatory compliance with digital rights remains a crucial challenge in this evolving landscape.

The Global Context: Lessons from Other Jurisdictions

The ‘EU's Digital Services Act’ establishes a baseline 'notice and takedown' system. According to the Act, hosting providers, including online platforms, must enable third parties to notify them of illegal content, which they must promptly remove to retain their hosting defence. The DSA also mandates expedited removal processes for notifications from trusted flaggers, user suspension for those with frequent violations, and enhanced protections for minors. Additionally, hosting providers have to adhere to specific content removal obligations, including the elimination of terrorist content within one hour and deploying technology to detect known or new CSAM material and remove it.

In contrast to the EU, the US First Amendment protects speech from state interference but does not extend to private entities. Dominant digital platforms, however, significantly influence discourse by moderating content, shaping narratives, and controlling advertising markets. This dual role creates tension as these platforms balance free speech, platform safety, and profitability.

India has adopted a model closer to the EU's approach, emphasizing content moderation to curb misinformation, false narratives, and harmful content. Drawing from the EU's framework, India could establish third-party notification mechanisms, enforce clear content takedown guidelines, and implement detection measures for harmful content like terrorist material and CSAM within defined timelines. This would balance content regulation with platform accountability while aligning with global best practices.

Key Concerns and Policy Debates

As the issue stands, the main concerns that arise are:

1. The need for transparency in government orders for takedowns, the reasons and a clear framework for why they are needed and the guidelines for doing so. 
2. The need for balancing digital freedom with national security and the concerns that arise out of it for tech companies. Essentially, the role platforms play in safeguarding the democratic values enshrined in the Constitution of India. 
3. This court ruling by the Karnataka HC will have the potential to redefine the principles upon which the intermediary guidelines function under the Indian laws. 

Potential Outcomes and the Way Forward

While we wait for the Hon’ble Court’s directives and orders in response to the filed suit, while the court's decision could favour either side or lead to a negotiated resolution, the broader takeaway is the necessity of collaborative policymaking that balances governmental oversight with platform accountability. This debate underscores the pressing need for a structured and transparent regulatory framework for content moderation. Additionally, this case also highlights the importance of due process in content regulation and the need for legal clarity for tech companies operating in India. Ultimately, a consultative and principles-based approach will be key to ensuring a fair and open digital ecosystem.

References

• https://www.thehindu.com/sci-tech/technology/elon-musks-x-sues-union-government-over-alleged-censorship-and-it-act-violations/article69352961.ece
• https://www.hindustantimes.com/india-news/elon-musk-s-x-sues-union-government-over-alleged-censorship-and-it-act-violations-101742463516588.html
• https://www.financialexpress.com/life/technology-explainer-why-has-x-accused-govt-of-censorship-3788648/
• https://thelawreporters.com/elon-musk-s-x-sues-indian-government-over-alleged-censorship-and-it-act-violations ‍
• https://www.linklaters.com/en/insights/blogs/digilinks/2023/february/the-eu-digital-services-act---a-new-era-for-online-harms-and-intermediary-liability