Deepfake Alert: Sachin Tendulkar's Warning Against Technology Misuse

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

Introduction

The Indian Ministry of Information and Broadcasting has proposed a new legislation. On the 10th of November, 2023, a draft bill emerged, a parchment of governance seeking to sculpt the contours of the nation's broadcasting landscape. The Broadcasting Services (Regulation) Bill, 2023, is not merely a legislative doctrine; it is a harbinger of change, an attestation to the storm of technology and the diversification of media in the age of the internet.     

The bill, slated to replace the Cable Television Networks (Regulation) Act of 1995, acknowledges the paradigm shifts that have occurred in the media ecosystem. The emergence of Internet Protocol Television (IPTV), over-the-top (OTT) platforms and other digital broadcasting services has rendered the previous legislation a relic, ill-suited to the dynamism of the current milieu. The draft bill, therefore, stands at the precipice of the future, inviting stakeholders and the vox populi to weigh in on its provisions, to shape the edifice of regulation that will govern the airwaves and the digital streams.

Defining the certain Clauses of the bill

Clause 1 (dd) - The Programme 

In the intricate tapestry of the bill's clauses, certain threads stand out, demanding scrutiny and careful consideration. Clause 1(dd), for instance, grapples with the definition of 'Programme,' a term that, in its current breadth, could ensnare the vast expanse of audio, visual, and written content transmitted through broadcasting networks. The implications are profound: content disseminated via YouTube or any website could fall within the ambit of this regulation, a prospect that raises questions about the scope of governmental oversight in the digital realm.

Clause 2(v) - The news and current affairs 

Clause 2(v) delves into the murky waters of 'news and current affairs programmes,' a definition that, as it stands, is a maelstrom of ambiguity. The phrases 'newly-received or noteworthy audio, visual or audio-visual programmes' and 'about recent events primarily of socio-political, economic or cultural nature' are a siren's call, luring the unwary into a vortex of subjective interpretation. The threat of potential abuse looms larger, threatening the right to freedom of expression enshrined in Article 19 of the Indian Constitution. It is a clarion call for stakeholders to forge a definition that is objective and clear, one that is in accordance with the Supreme Court's decision in Shreya Singhal v. Union of India, which upheld the sanctity of digital expression while advocating for responsible content creation.

Clause 2(y) Over the Top Broadcasting Services 

Clause 2(y) casts its gaze upon OTT broadcasting services, entities that operate in a realm distinct from traditional broadcasting. The one-to-many paradigm of broadcast media justifies a degree of governmental control, but OTT streaming is a more intimate affair, a one-on-one engagement with content on personal devices. The draft bill's attempt to umbrella OTT services under the broadcasting moniker is a conflation that could stifle the diversity and personalised nature of these platforms. It is a conundrum that other nations, such as Australia and Singapore, have approached with nuanced regulatory frameworks that recognise the unique characteristics of OTT services.

Clause 4(4) - Requirements for Broadcasters and Network Operators 

The bill's journey through the labyrinth of regulation is fraught with other challenges. The definition of 'Person' in Clause 2(z), the registration exemptions in Clause 4(4), the prohibition on state governments and political parties from engaging in broadcasting in Clause 6, and the powers of inspection and seizure in Clauses 30(2) and 31, all present a complex puzzle. Each clause, each sub-section, is a cog in the machinery of governance that must be calibrated with precision to balance the imperatives of regulation with the freedoms of expression and innovation.

Clause 27 - Advisory Council

The Broadcast Advisory Council, envisioned in Clause 27, is yet another crucible where the principles of impartiality and independence must be tempered. The composition of this council, the public consultations that inform its establishment, and the alignment with constitutional principles are all vital to its legitimacy and efficacy.

A Way Forward 

It is up to us, as participants in the democratic process and citizens, to interact with the bill's provisions as it makes its way through the halls of public discourse and legislative examination. To guarantee that the ultimate version of the Broadcasting Services (Regulation) Bill, 2023, is a symbol of advancement and a charter that upholds our most valued liberties while welcoming the opportunities presented by the digital era, we must employ the instruments of study and discussion.

The draft bill is more than just a document in this turbulent time of transition; it is a story of India's dreams, a testament to its dedication to democracy, and a roadmap for its digital future. Therefore, let us take this duty with the seriousness it merits, as the choices we make today will have a lasting impact on the history of our country and the media environment for future generations.

References 

• https://scroll.in/article/1059881/why-indias-new-draft-broadcast-bill-has-raised-fears-of-censorship-and-press-suppression#:~:text=The%20bill%20extends%20the%20regulatory,regulation%20through%20content%20evaluation%20committees.
• https://pib.gov.in/PressReleasePage.aspx?PRID=1976200
• https://www.hindustantimes.com/india-news/new-broadcast-bill-may-also-cover-those-who-put-up-news-content-online-101701023054502.html

Introduction

The most significant change seen in the Indian cyber laws this year was the passing of the Digital Personal Data Protection Act, 2023, in the parliament. DPDP Act is the first concrete form of legislation focusing on the protection of Digital Personal Data of Indian netizens in all aspects; the act is analogous to what GDPR is for Europe. The act lays down heavy compliance mandates for the intermediaries and data fiduciaries, this has made it difficult for the tech companies a lot of policy, legal and technical changes have to be made in order to implement the act to its complete efficiency. Recently, the big techs have addressed a letter to the Minister and Minister of State of Meity to extend the implementation timeline of the act. In other news, the union cabinet has given the green light for the much-awaited MoC with Japan focused on establishing a long-term Semiconductor Supply Chain Partnership. 

Letter to Meity

The lobby of the big techs represented by a Trade Body named the Big Tech Asia Internet Coalition (AIC) this week wrote to the Ministry of Electronics and Information Technology (Meity), addressing it to the Minister Ashwini Vaishnav and Minister of State (MoS) Rajeev Chandershekhra recommending a 12-18 month extension on the implementation of the Digital Personal Data Protection Act. This request comes at a time when the government has been voicing its urgency to implement the act in order to safeguard Indian data at the earliest. The trade body represented big names, including Meta, Google, Microsoft, Apple and many more. These big techs essentially comprise the segment recognised under the DPDP as the Significant Data Fiduciaries due to the sheer volume of data processed, hosted, stored, etc. In the protective sense, the act has been designed to focus on preventing the exploitation of personal data of Indian netizens by the big techs, hence, they form an integral part of the Indian Data Ecosystem.  The following reasons/complications concerning the implementation of the act were highlighted in the letter:

• Unrealistic Timelines: The AIC expressed that the current timeline for the implementation of the act seems unrealistic for the big techs to establish technological, policy and legal mechanisms to be in compliance with section 5 of the act, which talks about the Obligations of a Data Fiduciary and the particular notice to be shared with the data principles in accordance with the act. 
• Technical Requirements: Members of AIC expressed that the duration for the implementation of the act is much less in comparison to the time required by the tech companies to set up/deploy relevant technical critical infrastructure, SoPs and capacity building for the same. This will cause a major hindrance in establishing the efficiency of the act.
• Data Rights:  Right to Erasure, Correction, Deletion, Nominate, etc., are guaranteed under the DPDP, but the big techs are not sure about the efficient implementation of these rights and hence will need fundamental changes in the technology architecture of their platform, thus expressing concern of the early implementation of the act. 
• Equivalency to GDPR: The DPDP is taken to be congruent to the European GDPR, but the DPDP focuses on a few more aspects, such as cross-border data flow and compliance mandates for the right to erasure, hence a lot of GDPR-compliant big techs also need to establish more robust mechanisms to maintain compliance to Indian DPDP.     

Indo-Japan MoC

A Memorandum of Cooperation (MoC) on the Japan-India Semiconductor Supply Chain Partnership was signed in July 2023 between the Ministry of Electronics and Information Technology (MeitY) of India and the Ministry of Economy, Trade and Industry (METI) of Japan. This information was shared with the Union Cabinet, which is led by Prime Minister Narendra Modi. The Ministry of Commerce (MoC) aims to expand collaboration between Japan and India in order to improve the semiconductor supply chain. This is because semiconductors are critical to the development of industries and digital technologies. The Parties agree that the MoC will take effect on the date of signature and be in effect for five years. Bilateral cooperation on business-to-business and G2G levels on ways to develop a robust semiconductor supply chain and make use of complementary skills. The cooperation is aimed at harnessing indigenous talent and creating opportunities for higher employment avenues. 

MeitY's purpose also includes promoting international cooperation within bilateral and regional frameworks in the frontier and emerging fields of information technology. MeitY has engaged in Memorandums of Understanding (MoUs), Memorandums of Covenants (MoCs), and Agreements with counterpart organisations/agencies of other nations with the aim of fostering bilateral collaboration and information sharing. Additionally, MeitY aims to establish supply chain resilience, which would enable India to become a reliable partner. An additional step towards mutually advantageous semiconductor-related commercial prospects and collaborations between India & Japan is the strengthening of mutual collaboration between Japanese and Indian enterprises through this Memorandum of Understanding. The “India-Japan Digital Partnership” (IJDP), which was introduced during PM Modi's October 2018 visit to Japan, was created in light of the two countries' complementary and synergistic efforts. Its goal is to advance both current areas of cooperation and new initiatives within the scope of S&T/ICT cooperation, with a particular emphasis on “Digital ICT Technologies."

Conclusion 

As we move ahead into the digital age, it is pertinent to be aware and educated about the latest technological advancements, new forms of cybercrimes and threats and legal aspects of digital rights and responsibilities, whether it is the recommendation to extend the implementation of DPDP or the Indo-Japan MoC, both of these instances impact the Indian netizen and his/her interests. Hence, the indigenous netizen needs to develop a keen interest in the protection of the Indian cyber-ecosystem to create a safer future. In our war against technology, our best weapon is technology and awareness, thus implementing the same in our daily digital lifestyles and routines is a must.  

References

• https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/
• https://www.moneycontrol.com/news/business/startup/trade-body-representing-big-tech-urges-govt-to-extend-dpdp-act-implementation-by-1-5-years-11605431.html
• https://www.google.com/url?rct=j&sa=t&url=https://www.eetindia.co.in/cabinet-approves-moc-on-japan-india-semiconductor-supply-chain-partnership/&ct=ga&cd=CAEYACoTOTI3Mzg4NzEyODgwMjI2ODk0MDIaOTBiYzUxNmI5YTRjYTE1NTpjb206ZW46VVM&usg=AOvVaw2lEO7-cIBZ_ox1xV39LGLs

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