#FactCheck: Fake Claim that US has used Indian Airspace to attack Iran

Key points: Data collection, Protecting Children, and Awareness

Introduction

The evolution of technology has drastically changed over the period impacting mankind and their lifestyle. For every single smallest aspect, humans are reliable on the computers they have manufactured. The use of AI has almost hindered mankind, kids these days are more lethargic to work and write more sensibly on their own, but they are more likely interested in television, video games, mobile games, etc. School kids use AI just to complete their homework. Is it a good sign for the country’s future? The study suggests that Tools like ChatGPT is a threat to humans/a child’s potential to be creative and make original content requiring a human writer’s insight. Tools like ChatGPT can remove students’ artistic voices rather than using their unique writing style.

Does any of those browsers or search engines use your search history against you? or How do non-users tend to lose their private info on such a search engine?

Are there any safety measures that one’s the government of a particular country taking to protect their people’s rights?

Some of us might wonder how these two fancy-looking world merge and into, Arey they a boon or curse?

So here’s the top news getting flooded all over the world through the internet,

“Italian Agency impose strict measures on OpenAI’s ChatGPT”

Italy becomes the first Western European country to take serious measures about using Open AI ChatGPT. An Italian Data Protection agency named Garante has set mandates on ChatGPT. Garante has raised concerns about privacy violations and the inability to verify the age of users. Garate has also claimed that the AI ChatBot is violating the EU’s General Data Protection Regulation (GDPR). In a press release, Garante demanded OpenAI take necessary actions.

To begin with, Garante has demanded that OpenAI’s ChatGPT should increase its transparency and give a comprehensive statement about its data processing practices. OpenAI must specify between obtaining user consent for processing users’ data to train its AI model or may rely on a legitimate basis. OpenAI must maintain the privacy of users’ data.

In addition, ChatGPT should also take measures to prevent minors from accessing the technology at such an early stage of life, which could hinder their brain power. ChatGPT should add some age verification system to prevent minors from accessing explicit content. Moreover, Garante suggests that OpenAI should spread awareness among its users about their data being processed to train its AI model. Garante has set a deadline of April 30 for ChatGPT to complete the given tasks. Until then, its service should be banned in the country.

Child safety while surfing on ChatGpt

Italian agency demands age limitation to surf and an age verification method to exclude users under the age of 13, and parental authority should be required for users between the ages of 13 and 18. As this is a matter of security. Children might get exposed to explicit content invalidated to their age or explore illegitimate content. The AI chatbot doesn’t have the sense to determine which content is appropriate for the underage audience. Due to tools like chatbots, subjective things/information are already available to young students, leading to endangered irrespective of their future. As ChatGpt can hinder their potential and ability to create original and creative content for young minds. It is a threat motivation to humans’ motivation to write. Moreover, when students need time to think and analyze they get lethargic due to tools like ChatGPT, and the practice they need fades away.

Collection of User’s Data

According to some reports from the company’s privacy policy, OpenAI ChatGpt collects an assortment of additional data. The first two questions are for a free trial when a session starts. It asks for your Login, and SignUp through your Gmail account collects your IP address, browser type, and the data you put in the form of input, i.e. it collects data on the user’s interaction with the website, It also collects the user’s data like session time, cookies through third party may tend to sell it to an unspecified third party.

This snapshot shows that they have added a few things after Garante’s draft.

Conclusion

AI chatbot – Chatgpt is an advanced technology tool that makes work a little easier, but one surfing on such tools must stay aware of the information they are asking for. Such AI bots are trained to understand mankind, its job is to give a helping hand and not doltish. In case of this, some people tend to provide sensitive information unknowingly, young minds get exposed to explicit information. Such bots need to put some age limitations. Such innovations keep taking place, but it’s individuals’ responsibility what actions to be allowed to access their online connected device. Unlike the Italian Agency, which has taken some preventive measures to keep their user’s data safe, also looking at the adverse effect of such chatbots on a young mind.

Introduction

‍

The courts in India have repeatedly emphasised the importance of “enhanced customer protection” and “limited liability” on their part. The rationale behind such imperatives is to extend security against exploitation by institutions that are equipped with all the means to manipulate customers. India, with its looming financial literacy gaps that have to be addressed, needs to curb any manipulation on the part of banking institutions. Various studies have highlighted this gap in recent times; for example, according to the National Centre for Financial Education, only 27% of Indian people are financially literate, which is much less than the 42% global average. With only 19% of millennials exhibiting sufficient financial awareness yet expressing high trust in their financial skills, the issue is very worrisome. Thus, the increasing number of financial frauds intensifies the issue. 

Zero Liability in Cyber Frauds: Regulatory Safeguards for Digital Banking Customers

‍

In light of the growing emphasis on financial inclusion and consumer protection, and in response to the recent rise in complaints regarding unauthorised debits from customer accounts and cards, the framework for assessing customer liability in such cases has been re-evaluated. The RBI’s circular dated July 6, 2017 titled “Customer Protection-Limited Liability of Customers in Unauthorised Electronic Banking Transactions”  serves as the foundation for regulatory protections for Indian customers of digital banking. A clear and organised framework for determining customer accountability is outlined in the circular, which acknowledges the exponential increase in electronic transactions and related scams. It assigns proportional obligations for unauthorised transactions resulting from system-level breaches, client carelessness, and bank contributory negligence. Most importantly it establishes the zero responsibility concept, which protects clients from monetary losses in cases when the bank or another system component is at fault and the client promptly reports the breach. 

This directive’s sophisticated approach to consumer protection is what makes it unique. It requires banks to set up strong fraud prevention systems, proactive alerting systems, and round-the-clock reporting systems. Furthermore, it significantly alters the power dynamics between financial institutions and customers by placing the onus of demonstrating customer negligence completely on the bank. The circular emphasises prompt reversal of funds to impacted customers and requires banks to implement Board-approved policies on liability to redress. As a result, it is a consumer rights charter rather than just a compliance document, promoting confidence and financial accountability in India’s digital banking sector. 

Judicial Endorsement in Reinforcing the Zero Liability Principle

‍

 In the case of Suresh Chandra Negi & Anr. v. Bank of Baroda & Ors. (Writ (C) No. 24192 of 2022) The Allahabad High Court reaffirmed that the burden of proving consumer accountability rests firmly on the banking institution, hence reaffirming the zero liability concept in circumstances of unapproved electronic banking transactions. The Division bench emphasised the regulatory requirement that banks provide adequate proof before assigning blame to customers, citing Clause 12 of the RBI’s circular dated June 6, 2017, Customer Protection—Limited Liability of Customers in Unauthorised Electronic Banking Transactions. In a similar scenario, the Bombay HC held that a customer is entitled to zero liability when an authorized transaction occurs due to a third-party breach, where the deficiency lies neither with the bank nor the customer, provided the fraud is promptly reported. 

The zero liability principle, as envisaged under Clause 8 of the RBI circular, has emerged as a cornerstone of consumer protection in India’s digital banking ecosystem.  

Another landmark judgment that has given this principle the front stage in addressing banking frauds is Hare Ram Singh vs RBI &Ors. (W.P. (C) 13497/2022) laid down by Delhi HC which is an important legal turning point in the development of the zero liability principle under the RBI’s 2017 framework. The court reiterated the need to evaluate customer diligence in light of new fraud tactics like phishing and vishing by holding the State Bank of India (SBI) liable for a cyber fraud incident even though the transactions were authenticated by OTP. The ruling made it clear that when complex social engineering or technical manipulation is used, banks are nonetheless accountable even if they only rely on OTP validation. The legal protection provided to victims of unauthorised electronic banking transactions is strengthened by the court’s emphasis on the bank having the burden of evidence in accordance with RBI standards. 

Importantly, this ruling lays the full burden of securing digital banking systems on financial organisations and supports the judiciary’s increasing acknowledgement of the digital asymmetry between banks and consumers. It emphasises that prompt consumer reporting, banks’ failure to disclose important credentials, and their own operational errors must all be taken into consideration when determining culpability. As a result, this decision establishes a strong precedent that will increase consumer confidence, promote systemic advancements in digital risk management, and better integrate the zero liability standard into Indian digital banking law. In a time when cyber vulnerabilities are growing, it acts as a beacon for financial accountability. 

Conclusion

‍

The Zero Liability Principle serves as a vital safety net for customers navigating an increasingly intricate and precarious financial environment in a time when digital transactions are the foundation of contemporary banking. In addition to codifying strong safeguards against unauthorized electronic transactions, the RBI’s 2017 framework rebalanced  the fiduciary relationship by putting financial institutions squarely in charge. Through significant rulings, the courts have upheld this protective culture and emphasised that banks, not the victims of cybercrime, bear the burden of proof. 

It would be crucial to execute these principles consistently, review them frequently, and raise public awareness as India transitions to a more digital economy. In order to ensure that consumers are not only protected but also empowered must become more than just a policy on paper. 

‍

References

• https://www.business-standard.com/content/specials/making-money-vs-managing-money-india-s-critical-financial-literacy-gap-125021900786_1.html 
• https://www.livelaw.in/high-court/allahabad-high-court/allahabad-high-court-ruling-bank-liability-unauthorized-electronic-transaction-and-customer-fault-297962 
• https://www.mondaq.com/india/white-collar-crime-anti-corruption-fraud/1635616/cyber-law-series-2-issue-10-the-zero-liability-principle-in-cyber-fraud-hare-ram-singh-v-reserve-bank-of-india-ors-case 

‍

Introduction

Mr Rajeev Chanderashekhar, MoS, Ministry of Electronics and Information Technology, on 09 March 2023, held a stakeholder consultation on the Digital India Bill. This bill will be the successor to the Information technology Act 2000 and provide a set of regulations and laws which will govern cyberspace in times to come. The consultation was held in Bangalore and was the first of many such consultations where the Digital India bill is to be discussed. These public stakeholder consultations will provide direct public feedback to the ministry, and this will help create a safe and secure ecosystem of Indian Cyber Laws.

What is the Digital India Act?

Cyberspace has evolved the fastest as compared to any other industry, and the evolution of the growth cannot be presumed to be stagnant or stuck as we see new technologies and gadgets being invented all across the globe. The ease created by using technology has changed how we live and function. However, bad actors often use these advantages or fruits of technology to wreak havoc upon the nation’s cyberspace. The use of technology is always governed by the application of usage and safeguard policies and laws. As technology is growing exponentially, it is pertinent that we have laws which are in congruence with today’s time and technology. This is keenly addressed by the Digital India Act, which will be the legislation governing Indian Cyberspace in times to come. This was the need of the hour in order to have the judiciary, legislature and law enforcement agencies ahead of the curve when it comes to cyber crimes and laws.

What is the Digital India Bill’s primary goal?

The Digital India Bill’s goal is to guarantee an institutional structure for accountability and that the internet in India is accessible, unhindered by user harm or criminal activity. The law will apply to new technologies, algorithmic social media platforms, artificial intelligence, user risks, the diversity of the internet, and the regulation of intermediaries. The diversity of the internet, user hazards, artificial intelligence, social media platforms, and intermediary regulation are all discussed.

Why is the Digital India Bill necessary?

The number of internet users in the country currently exceeds 760 million; in the upcoming years, this number will reach 1.2 billion. Despite the fact that the internet is useful and promotes connectivity, there are a number of user damages nearby. Thus, it is crucial to enact legislation to set forth new guidelines for individuals’ rights and responsibilities and mention the requirement to gather data.

Major Elements of the Digital India Act

Major Elements of the Digital India Bill, which will eventually become an Act, which will contribute massively towards a safe cyber-ecosystem, some of these elements aim towards the following-

• The legislation attempts to establish an internet regulator.
• Women and Child safety.
• Safe harbour for intermediaries.
• The right of the individual to secure his information and the requirement to utilise personal data for legal purposes provide the main obstacles to data protection or regulation. The law tries to deal with this difficulty.
• A limit will be placed on how far a person’s personal information can be accessed for legal reasons.
• The majority of the bill’s characteristics are contrasted with the EU’s General Data Protection Regulation.

The Way Ahead

As we ride the wave of developments in cyberspace regarding emerging technologies and automated gadgets, it becomes pertinent that the state takes due note of such technologies and the courts take cognisance of offences committed by using technology. Law enforcement agencies must also train police personnel who can effectively and efficiently investigate cybercrime cases. The ministry also released a few bills last year, such as – the Telecommunication Bill, 2022, Intermediary Rules and the Digital Personal Data Protection Bill, 2022, to better address the shortcomings and the issues in cyberspace and how to safeguard the netizens. The Digital India Act will essentially create a synergy between the current bills and the new ones to come in order to create a wholesome, safe and secure Indian cyber ecosystem.

Conclusion

Digital India Bill is necessary to address the challenges of cyberspace, like personal data and privacy, and policies related to online child and women safety to create a and create a modern and comprehensive legal framework that aligns with global standards of cyber laws. The draft of the bill is expected to come out by July. The ministry looks forward to maximising the impact of the bill through such continuous and effective public consultation to understand and fulfil the expectations and requirements of the Indian netizen, thus empowering him/her equivalent to the netizen of a developed country.