India's Pursuit for Regulatory Control in the Crypto Landscape
Introduction
In the labyrinthine world of digital currencies, a new chapter unfolds as India intensifies its scrutiny over the ethereal realm of offshore cryptocurrency exchanges. With nuance and determination that virtually mirrors the Byzantine complexities of the very currencies they seek to regulate, Indian authorities embark on a course of stringent oversight, bringing to the fore an ever-evolving narrative of control and compliance in the fintech sector. The government's latest manoeuvre—a directive to Apple Inc. to excise the apps of certain platforms, including the colossus Binance, from its App Store in India—signals a crescendo in the nation's efforts to rein in the unbridled digital bazaar that had hitherto thrived in a semi-autonomous expanse of cyberspace.
The directive, with ramifications as significant and intricate as the cryptographic algorithms that underpin the blockchain, stems from the Ministry of Electronics and Information Technology, which has cast eight exchanges, including Bitfinex, HTX, and Kucoin, into the shadows, rendering their apps as elusive as the Higgs boson in the vast App Store universe. The movement of these exchanges from visibility to obscurity in the digital storefront is cloaked in secrecy, with sources privy to this development remaining cloaked in anonymity, their identities as guarded as the cryptographic keys that secure blockchain transactions.
The Contention
This escalation, however, did not manifest from the vacuum of the ether; it is the culmination of a series of precipitating actions that began unfolding on December 28th, when the Indian authorities unfurled a net over nine exchanges, ensnaring them with suspicions of malfeasance. The spectre of inaccessible funds, a byproduct of this entanglement, has since haunted Indian crypto traders, prompting a migration of deposits to local exchanges that operate within the nation's regulatory framework—a fortress against the uncertainties of the offshore crypto tempest.
The extent of the authorities' reach manifests further, beckoning Alphabet Inc.'s Google to follow in Apple's footsteps. Yet, in a display of the unpredictable nature of enforcement, the Google Play Store in India still played host to the very apps that Apple's digital Eden had forsaken as of a nondescript Wednesday afternoon, marked by the relentless march of time. The triad of power-brokers—Apple, Google, and India's technology ministry—has maintained a stance as enigmatic as the Sphinx, their communications as impenetrable as the vaults that secure the nation's precious monetary reserves.
Compounding the tightening of this digital noose, the Financial Intelligence Unit of India, a sentinel ever vigilant at the gates of financial propriety, unfurled a compliance show-cause notice to the nine offshore platforms, an ultimatum demanding they justify their elusive presence in Indian cyberspace. The FIU's decree echoed with clarity amidst the cacophony of regulatory overtures: these digital entities were tethered to operations sequestered in the shadows, skirting the reach of India's anti-money laundering edicts, their websites lingering in cyberspace like forbidden fruit, tantalisingly within reach yet potentially laced with the cyanide of non-compliance.
In this chaotic tableau of constraint and control, a glimmer of presence remains—only Bitstamp has managed to brave the regulatory storm, maintaining its presence on the Indian App Store, a lone beacon amid the turbulent sea of regimentation. Kraken, another leviathan of crypto depths, presented only its Pro version to the Indian connoisseurs of the digital marketplace. An aura of silence envelops industry giants such as Binance, Bitfinex, and KuCoin, their absence forming a void as profound as the dark side of the moon in the consciousness of Indian users. HTX, formerly known as Huobi, has announced a departure from Indian operations with the detached finality of a distant celestial body, cold and indifferent to the gravitational pull of India's regulatory orbit.
Compliances
In compliance with the provisions of the Money Laundering Act (PMLA) 2002 and the recent uproar on crypto assessment apps, Apple store finally removed these apps namely Binance and Kucoin from the store after receiving show cause notice. The alleged illegal operation and failure to comply with existing money laundering laws are major reasons for their removal.
The Indian Narrative
The overarching narrative of India's embrace of rigid oversight aligns with a broader global paradigm shift, where digital financial assets are increasingly subjected to the same degree of scrutiny as their physical analogues. The persistence in imposing anti-money laundering provisions upon the crypto sector reflects this shift, with India positioning its regulatory lens in alignment with the stars of international accountability. The preceding year bore witness to seismic shifts as Indian authorities imposed a tax upon crypto transactions, a move that precipitated a downfall in trading volumes, reminiscent of Icarus's fateful flight—hubris personified as his waxen appendages succumbed to the unrelenting kiss of the sun.
On a local scale, trading powerhouses lament the imposition of a 1% levy, colloquially known as Tax Deducted at Source. This fiscal shackle drove an exodus of Indian crypto traders into the waiting, seemingly benevolent arms of offshore financial Edens, absolved of such taxational rites. As Sumit Gupta, CEO of CoinDCX, recounted, this fiscal migration witnessed the haemorrhaging of revenue. His estimation that a staggering 95% of trading volume abandoned local shores for the tranquil harbours of offshore havens punctuates the magnitude of this phenomenon.
Conclusion
Ultimately, the story of India's proactive clampdown on offshore crypto exchanges resembles a meticulously woven tapestry of regulatory ardour, financial prudence, and the inexorable progression towards a future where digital incarnations mirror the scrutinised tangibility of physical assets. It is a saga delineating a nation's valiant navigation through the tempestuous, cryptic waters of cryptocurrency, helming its ship with unwavering determination, with eyes keenly trained on the farthest reaches of the horizon. Here, amidst the fusion of digital and corporeal realms, India charts its destiny, setting its sails towards an inextricably linked future that promises to shape the contour of the global financial landscape.
References
- https://www.business-standard.com/markets/cryptocurrency/govt-escalates-clampdown-on-offshore-crypto-venues-like-binance-report-124011000586_1.html
- https://www.cnbctv18.com/technology/india-escalates-clampdown-on-offshore-crypto-exchanges-like-binance-18763111.htm
- https://economictimes.indiatimes.com/tech/technology/centre-blocks-web-platforms-of-offshore-crypto-apps-binance-kucoin-and-others/articleshow/106783697.cms?from=mdr
Related Blogs
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
Executive Summary:
A recent claim going around on social media that a child created sand sculptures of cricket legend Mahendra Singh Dhoni, has been proven false by the CyberPeace Research Team. The team discovered that the images were actually produced using an AI tool. Evident from the unusual details like extra fingers and unnatural characteristics in the sculptures, the Research Team discerned the likelihood of artificial creation. This suspicion was further substantiated by AI detection tools. This incident underscores the need to fact-check information before posting, as misinformation can quickly go viral on social media. It is advised everyone to carefully assess content to stop the spread of false information.
Claims:
The claim is that the photographs published on social media show sand sculptures of cricketer Mahendra Singh Dhoni made by a child.
Fact Check:
Upon receiving the posts, we carefully examined the images. The collage of 4 pictures has many anomalies which are the clear sign of AI generated images.
In the first image the left hand of the sand sculpture has 6 fingers and in the word INDIA, ‘A’ is not properly aligned i.e not in the same line as other letters. In the second image, the finger of the boy is missing and the sand sculpture has 4 fingers in its front foot and has 3 legs. In the third image the slipper of the boy is not visible whereas some part of the slipper is visible, and in the fourth image the hand of the boy is not looking like a hand. These are some of the major discrepancies clearly visible in the images.
We then checked using an AI Image detection tool named ‘Hive’ image detection, Hive detected the image as 100.0% AI generated.
We then checked it in another AI image detection named ContentAtScale AI image detection, and it found to be 98% AI generated.
From this we concluded that the Image is AI generated and has no connection with the claim made in the viral social media posts. We have also previously debunked AI Generated artwork of sand sculpture of Indian Cricketer Virat Kohli which had the same types of anomalies as those seen in this case.
Conclusion:
Taking into consideration the distortions spotted in the images and the result of AI detection tools, it can be concluded that the claim of the pictures representing the child's sand sculptures of cricketer Mahendra Singh Dhoni is false. The pictures are created with Artificial Intelligence. It is important to check and authenticate the content before posting it to social media websites.
- Claim: The frame of pictures shared on social media contains child's sand sculptures of cricket player Mahendra Singh Dhoni.
- Claimed on: X (formerly known as Twitter), Instagram, Facebook, YouTube
- Fact Check: Fake & Misleading
Introduction
As we delve deeper into the intricate, almost esoteric digital landscape of the 21st century, we are confronted by a new and troubling phenomenon that threatens the very bastions of our personal security. This is not a mere subplot in some dystopian novel but a harsh and palatable reality firmly rooted in today's technologically driven society. We must grapple with the consequences of the alarming evolution of cyber threats, particularly the sophisticated use of artificial intelligence in creating face swaps—a technique now cleverly harnessed by nefarious actors to undermine the bedrock of biometric security systems.
What is GoldPickaxe?
It was amidst the hum of countless servers and data centers that the term 'GoldPickaxe' began to echo, sending shivers down the spines of cybersecurity experts. Originating from the intricate web spun by a group of Chinese hackers as reported in Dark Reading. GoldPickaxe represents the latest in a long lineage of digital predators. It is an astute embodiment of the disguise, blending into the digital environment as a seemingly harmless government service app. But behind its innocuous facade, it bears the intent to ensnare and deceive, with the elderly demographic being especially susceptible to its trap.
Victims, unassuming and trustful, are cajoled into revealing their most sensitive information: phone numbers, private details, and, most alarmingly, their facial data. These virtual reflections, intended to be the safeguard of one's digital persona, are snatched away and misused in a perilous transformation. The attackers harness such biometric data, feeding it into the arcane furnaces of deepfake technology, wherein AI face-swapping crafts eerily accurate and deceptive facsimiles. These digital doppelgängers become the master keys, effortlessly bypassing the sentinel eyes of facial recognition systems that lock the vaults of Southeast Asia's financial institutions.
Through the diligent and unyielding work of the research team at Group-IB, the trajectory of one victim's harrowing ordeal—a Vietnamese individual pilfered of a life-altering $40,000—sheds light on the severity of this technological betrayal. The advancements in deep face technology, once seen as a marvel of AI, now present a clear and present danger, outpacing the mechanisms meant to deter unauthorized access, and leaving the unenlightened multitude unaware and exposed.
Adding weight to the discussion, experts, a potentate in biometric technology, commented with a somber tone: 'This is why we see face swaps as a tool of choice for hackers. It gives the threat actor this incredible level of power and control.' This chilling testament to the potency of digital fraudulence further emphasizes that even seemingly impregnable ecosystems, such as that of Apple’s, are not beyond the reach of these relentless invaders.
New Threat
Emerging from this landscape is the doppelgänger of GoldPickaxe specifically tailored for the iOS landscape—GoldDigger's mutation into GoldPickaxe for Apple's hallowed platform is nothing short of a wake-up call. It engenders not just a single threat but an evolving suite of menaces, including its uncanny offspring, 'GoldDiggerPlus,' which is wielding the terrifying power to piggyback on real-time communications of the affected devices. Continuously refined and updated, these threats become chimeras, each iteration more elusive, more formidable than its predecessor.
One ingenious and insidious tactic exploited by these cyber adversaries is the diversionary use of Apple's TestFlight, a trusted beta testing platform, as a trojan horse for their malware. Upon clampdown by Apple, the hackers, exhibiting an unsettling level of adaptability, inveigle users to endorse MDM profiles, hitherto reserved for corporate device management, thereby chaining these unknowing participants to their will.
How To Protect
Against this stark backdrop, the question of how one might armor oneself against such predation looms large. It is a question with no simple answer, demanding vigilance and proactive measures.
General Vigilance : Aware of the Trojan's advance, Apple is striving to devise countermeasures, yet individuals can take concrete steps to safeguard their digital lives.
Consider Lockdown Mode: It is imperative to exhibit discernment with TestFlight installations, to warily examine MDM profiles, and seriously consider embracing the protective embrace of Lockdown Mode. Activating Lockdown Mode on an iPhone is akin to drawing the portcullis and manning the battlements of one's digital stronghold. The process is straightforward: a journey to the settings menu, a descent into privacy and security, and finally, the sanctification of Lockdown Mode, followed by a device restart. It is a curtailment of convenience, yes, but a potent defense against the malevolence lurking in the unseen digital thicket.
As 'GoldPickaxe' insidiously carves its path into the iOS realm—a rare and unsettling occurrence—it flags the possible twilight of the iPhone's vaunted reputation for tight security. Should these shadow operators set their sights beyond Southeast Asia, angling their digital scalpels towards the U.S., Canada, and other English-speaking enclaves, the consequences could be dire.
Conclusion
Thus, it is imperative that as digital citizens, we fortify ourselves with best practices in cybersecurity. Our journey through cyberspace must be cautious, our digital trails deliberate and sparse. Let the specter of iPhone malware serve as a compelling reason to arm ourselves with knowledge and prudence, the twin guardians that will let us navigate the murky waters of the internet with assurance, outwitting those who weave webs of deceit. In heeding these words, we preserve not only our financial assets but the sanctity of our digital identities against the underhanded schemes of those who would see them usurped.
References
- https://www.timesnownews.com/technology-science/new-ios-malware-stealing-face-id-data-bank-infos-on-iphones-how-to-protect-yourself-article-107761568
- https://www.darkreading.com/application-security/ios-malware-steals-faces-defeat-biometrics-ai-swaps
- https://www.tomsguide.com/computing/malware-adware/first-ever-ios-trojan-discovered-and-its-stealing-face-id-data-to-break-into-bank-accounts
