DPDP Bill 2023 A Comparative Analysis

Executive Summary:

BrazenBamboo’s DEEPDATA malware represents a new wave of advanced cyber espionage tools, exploiting a zero-day vulnerability in Fortinet FortiClient to extract VPN credentials and sensitive data through fileless malware techniques and secure C2 communications. With its modular design, DEEPDATA targets browsers, messaging apps, and password stores, while leveraging reflective DLL injection and encrypted DNS to evade detection. Cross-platform compatibility with tools like DEEPPOST and LightSpy highlights a coordinated development effort, enhancing its espionage capabilities. To mitigate such threats, organizations must enforce network segmentation, deploy advanced monitoring tools, patch vulnerabilities promptly, and implement robust endpoint protection. Vendors are urged to adopt security-by-design practices and incentivize vulnerability reporting, as vigilance and proactive planning are critical to combating this sophisticated threat landscape.

Introduction

The increased use of zero-day vulnerabilities by more complex threat actors reinforces the importance of more developed countermeasures. One of the threat actors identified is BrazenBamboo uses a zero-day vulnerability in Fortinet FortiClient for Windows through the DEEPDATA advanced malware framework. This research explores technical details about DEEPDATA, the tricks used in its operations, and its other effects.

Technical Findings

1. Vulnerability Exploitation Mechanism

The vulnerability in Fortinet’s FortiClient lies in its failure to securely handle sensitive information in memory. DEEPDATA capitalises on this flaw via a specialised plugin, which:

• Accesses the VPN client’s process memory.
• Extracts unencrypted VPN credentials from memory, bypassing typical security protections.
• Transfers credentials to a remote C2 server via encrypted communication channels.

2. Modular Architecture

DEEPDATA exhibits a highly modular design, with its core components comprising:

• Loader Module (data.dll): Decrypts and executes other payloads.
• Orchestrator Module (frame.dll): Manages the execution of multiple plugins.
• FortiClient Plugin: Specifically designed to target Fortinet’s VPN client.

Each plugin operates independently, allowing flexibility in attack strategies depending on the target system.

3. Command-and-Control (C2) Communication

DEEPDATA establishes secure channels to its C2 infrastructure using WebSocket and HTTPS protocols, enabling stealthy exfiltration of harvested data. Technical analysis of network traffic revealed:

• Dynamic IP switching for C2 servers to evade detection.
• Use of Domain Fronting, hiding C2 communication within legitimate HTTPS traffic.
• Time-based communication intervals to minimise anomalies in network behavior.

4. Advanced Credential Harvesting Techniques

Beyond VPN credentials, DEEPDATA is capable of:

• Dumping password stores from popular browsers, such as Chrome, Firefox, and Edge.
• Extracting application-level credentials from messaging apps like WhatsApp, Telegram, and Skype.
• Intercepting credentials stored in local databases used by apps like KeePass and Microsoft Outlook.

5. Persistence Mechanisms

To maintain long-term access, DEEPDATA employs sophisticated persistence techniques:

• Registry-based persistence: Modifies Windows registry keys to reload itself upon system reboot.
• DLL Hijacking: Substitutes legitimate DLLs with malicious ones to execute during normal application operations.
• Scheduled Tasks and Services: Configures scheduled tasks to periodically execute the malware, ensuring continuous operation even if detected and partially removed.

Additional Tools in BrazenBamboo’s Arsenal

1. DEEPPOST

A complementary tool used for data exfiltration, DEEPPOST facilitates the transfer of sensitive files, including system logs, captured credentials, and recorded user activities, to remote endpoints.

2. LightSpy Variants

• The Windows variant includes a lightweight installer that downloads orchestrators and plugins, expanding espionage capabilities across platforms.
• Shellcode-based execution ensures that LightSpy’s payload operates entirely in memory, minimising artifacts on the disk.

3. Cross-Platform Overlaps

BrazenBamboo’s shared codebase across DEEPDATA, DEEPPOST, and LightSpy points to a centralised development effort, possibly linked to a Digital Quartermaster framework. This shared ecosystem enhances their ability to operate efficiently across macOS, iOS, and Windows systems.

Notable Attack Techniques

1. Memory Injection and Data Extraction

Using Reflective DLL Injection, DEEPDATA injects itself into legitimate processes, avoiding detection by traditional antivirus solutions.

• Memory Scraping: Captures credentials and sensitive information in real-time.
• Volatile Data Extraction: Extracts transient data that only exists in memory during specific application states.

2. Fileless Malware Techniques

DEEPDATA leverages fileless infection methods, where its payload operates exclusively in memory, leaving minimal traces on the system. This complicates post-incident forensic investigations.

3. Network Layer Evasion

By utilising encrypted DNS queries and certificate pinning, DEEPDATA ensures that network-level defenses like intrusion detection systems (IDS) and firewalls are ineffective in blocking its communications.

Recommendations

1. For Organisations

• Apply Network Segmentation: Isolate VPN servers from critical assets.
• Enhance Monitoring Tools: Deploy behavioral analysis tools that detect anomalous processes and memory scraping activities.
• Regularly Update and Patch Software: Although Fortinet has yet to patch this vulnerability, organisations must remain vigilant and apply fixes as soon as they are released.

2. For Security Teams

• Harden Endpoint Protections: Implement tools like Memory Integrity Protection to prevent unauthorised memory access.
• Use Network Sandboxing: Monitor and analyse outgoing network traffic for unusual behaviors.
• Threat Hunting: Proactively search for indicators of compromise (IOCs) such as unauthorised DLLs (data.dll, frame.dll) or C2 communications over non-standard intervals.

3. For Vendors

• Implement Security by Design: Adopt advanced memory protection mechanisms to prevent credential leakage.
• Bug Bounty Programs: Encourage researchers to report vulnerabilities, accelerating patch development.

Conclusion

DEEPDATA is a form of cyber espionage and represents the next generation of tools that are more advanced and tunned for stealth, modularity and persistence. While Brazen Bamboo is in the process of fine-tuning its strategies, the organisations and vendors have to be more careful and be ready to respond to these tricks. The continuous updating, the ability to detect the threats and a proper plan on how to deal with incidents are crucial in combating the attacks.

References:

1. https://thehackernews.com/2024/11/warning-deepdata-malware-exploiting.html‍
2. http://www.theregister.com/2024/11/19/china_brazenbamboo_fortinet_0day/

Introduction

In an era where digitalization is transforming every facet of life, ensuring that personal data is protected becomes crucial. The enactment of the Digital Personal Data Protection Act, 2023 (DPDP Act) is a significant step that has been taken by the Indian Parliament which sets forth a comprehensive framework for Digital Personal Data. The Draft Digital Personal Data Protection Rules, 2025 has recently been released for public consultation to supplement the Act and ensure its smooth implementation once finalised. Though noting certain positive aspects, there is still room for addressing certain gaps and multiple aspects under the draft rules that require attention. The DPDP Act, 2023 recognises the individual’s right to protect their personal data providing control over the processing of personal data for lawful purposes. This Act applies to data which is available in digital form as well as data which is not in digital form but is digitalised subsequently. While the Act is intended to offer wide control to the individuals (Data Principal) over their personal information, its impact on vulnerable groups such as ‘Persons with Disabilities’ requires closer scrutiny. 

Person with Disabilities as data principal

The term ‘data principal’ has been defined under the DPDP Act under Section 2(j) as a person to whom the personal data is related to, which also includes a person with a disability. A lawful guardian acting on behalf of such person with disability has also been included under the ambit of this definition of Data Principal. As a result, a lawful guardian acting on behalf of a person with disability will have the same rights and responsibilities as a data principal under the Act. 

• Section 9 of the DPDP Act, 2023 states that before processing the personal data of a person with a disability who has a lawful guardian, the data fiduciary must obtain verifiable consent from that guardian, ensuring proper protection of the person with disability's data privacy.
• The data principal has the right to access information about personal data under Section 11 which is being processed by the data fiduciary.
• Section 12 provides the right to correction and erasure of personal data by making a request in a manner prescribed by the data fiduciary. 
• A right to grievance redressal must be provided to the data principal in respect of any act or omission of performance of obligations by the data fiduciary or the consent manager. 
• Under Section 14, the data principal has the right to nominate any other person to exercise the rights provided under the Act in case of death or incapacity. 

Provision of consent and its implication

The three key components of Consent that can be identified under the DPDP Act, are:

• Explicit and Informed Consent: Consent given for the processing of data by the data principal or a lawful guardian in case of persons with disabilities must be clear, free and informed as per section 6 of the Act. The data fiduciary must specify the itemised description of the personal data required along with the specified purpose and description of the goods or services that would be provided by such processing of data. (Rule 3 under Draft Digital Personal Data Protection Rules)

• Verifiable Consent: Section 9 of the DPDP Act provides that the data fiduciary needs to obtain verifiable consent of the lawful guardian before processing any personal data of such a person with a disability.  Rule 10 of the Draft Rules obligates the data fiduciary to adopt measures to ensure that the consent given by the lawful guardian is verifiable before the is processed. 
• Withdrawal of Consent: Data principal or such lawful guardian has the option to withdraw consent for the processing of data at any point by making a request to the data fiduciary.   

Although the Act includes certain provisions that focus on the inclusivity of persons with disability, the interpretation of such sections says otherwise. 

Concerns related to provisions for Persons with Disabilities under the DPDP Act:

• Lack of definition of ‘person with disabilities’: The DPDP Act or the Draft Rules does not define the term ‘persons with disabilities’. This will create confusion as to which categories of disability are included and up to what percentage.  The Rights of Persons with Disabilities Act, 2016 clearly defines ‘person with benchmark disability’, ‘person with disability’ and ‘person with disability having high support needs’. This categorisation is essential to determine up to what extent a person with disability needs a lawful guardian which is missing under the DPDP Act.   
• Lack of autonomy: Though the definition of data principal includes persons with disabilities however the decision-making authority has been given to the lawful guardian of such individuals. The section creates ambiguity for people who have a lower percentage of disability and are capable of making their own decisions and have no autonomy in making decisions related to the processing of their personal data because of the lack of clarity in the definition of ‘persons with disabilities’. 
• Safeguards for abuse of power by lawful guardian: The lawful guardian once verified by the data fiduciary can make decisions for the persons with disabilities. This raises concerns regarding the potential abuse of power by lawful guardians in relation to the handling of personal data. The DPDP Act does not provide any specific protection against such abuse.
• Difficulty in verification of consent: The consent obtained by the Data Fiduciary must be verified. The process that will be adopted for verification is at the discretion of the data fiduciary according to Rule 10 of the Draft Data Protection Rules. The authenticity of consent is difficult to determine as it is a complex process which lacks a standard format. Also, with the technological advancements, it would be challenging to identify whether the information given to verify the consent is actually true. 

CyberPeace Recommendations

The DPDP Act, 2023 is a major step towards making the data protection framework more comprehensive, however, the provisions related to persons with disabilities and powers given to lawful guardians acting on their behalf still need certain clarity and refinement within the DPDP Act framework. 

• Consonance of DPDP with Rights of Persons with Disabilities (RPWD) Act, 2016: The RPWD and DPDP Act should supplement each other and can be used to clear the existing ambiguities. Such as the definition of ‘persons with disabilities’ under the RPWD Act can be used in the context of the DPDP Act, 2023. 
• Also, there must be certain mechanisms and safeguards within the Act to prevent abuse of power by the lawful guardian. The affected individual in case of suspected abuse of power should have an option to file a complaint with the Data Protection Board and the Board can further take necessary actions to determine whether there is abuse of power or not. 
• Regulatory oversight and additional safeguards are required to ensure that consent is obtained in a manner that respects the rights of all individuals, including those with disabilities. 

References:

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
• https://www.meity.gov.in/writereaddata/files/259889.pdf 
• https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf 
• https://www.deccanherald.com/opinion/consent-disability-rights-and-data-protection-3143441
• https://www.pacta.in/digital-data-protection-consent-protocols-for-disability.pdf
• https://www.snrlaw.in/indias-new-data-protection-regime-tracking-updates-and-preparing-for-compliance/ 

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The evolution of technology has presented both profound benefits and considerable challenges. It has benefited us with global interconnectivity, optimisation of the workforce, faster and solution-oriented approach, but at the same time increases risks of cybercrimes and the misuse of technology via online theft, fraud, and abuse. As the reliance on technology increases, it makes the users vulnerable to cyberattacks. 

One way to address this nuisance is to set global standards and initiate measures for cooperation by integrating the efforts of international institutions such as UN bodies and others. The United Nations Interregional Crime and Justice Research Institute, which combats cybercrime and promotes the responsible use of technology, is making waves in these issues. 

Understanding the Scope of the Problem 

Crowdstrike had estimated the cybersecurity market at $207.77 billion in 2024 and expected it to reach $376.55 billion by 2029 and continue growing at a CAGR of 12.63% during the forecast period. In October of 2024, Forbes predicted that the cost of cyber attacks on the global economy would be over $10.5 trillion. 

The developments in technology have provided cybercriminals with more sophisticated means to commit cybercrimes. These include cybercrimes like data breaches, which are increasingly common, such as phishing attacks, ransomware, social engineering, and IoT attacks. Their impact is evident across various domains, including economic and social spheres. The victims of cybercrimes can often suffer from stress, anxiety, fear of being victimised again, a lack of trust and social polarisation/stigmatisation.

UNICRI’s Strategic Approach 

UNICRI actively combats cybercrimes and technology misuse, focusing on cybersecurity, organized crime in cyberspace, and terrorists' internet use. Since 2020, it has monitored social media misuse, analysed tools to debunk misinformation and balanced security with human rights. 

The key focus areas of UNICRI’s strategic approach include cybersecurity in robotics, critical infrastructure, and SCADA systems, digital forensics, child online protection and addressing online profiling and discrimination. It further supports LEAs (judges, prosecutors, and investigators) by providing them with specialised training. Its strategies to counter cybercrime and tech misuse include capacity-building exercises for law enforcement, developing international legal frameworks, and fostering public-private collaborations.

Key Initiatives under UNICRI Strategic Programme Framework of 2023-2026

The key initiatives under UNICRI set out the strategic priority areas that will guide its work. It  includes:

1. Prevent and Counter Violent Extremism: By addressing the drivers of radicalisation, gender-based discrimination, and leveraging sports for prevention.
2. Combat Organised Crime: Via tackling illicit financial flows, counterfeiting, and supply chain crimes while promoting asset recovery.
3. Promotion of Emerging Technology Governance: Encouraging responsible AI use, mitigating cybercrime risks, and fostering digital inclusivity.
4. Rule of Law and Justice Access: Enhancing justice systems for women and vulnerable populations while advancing criminal law education.
5. CBRN Risk Mitigation: Leveraging expert networks and whole-of-society strategies to address chemical, biological, radiological, and nuclear risks.

The Challenges and Opportunities: CyberPeace Takeaways

The challenges that affect the regulation of cybercrimes are most often caused due to jurisdictional barriers, the lack of resources, and the rapid pace of technological change. This is due to the cross-border nature of cybercrimes and as many nations lack the expertise or infrastructure to address sophisticated cyber threats. The regulatory or legislative frameworks often get outpaced by technology developments, including quantum computing, deepfakes, or blockchain misuse. Due to this, these crimes are often unpunished.  

The opportunities that have been developing for innovation in cybercrime prevention, include AI and machine learning tools to detect cybercrimes, enhanced international cooperation that can strengthen the collective defence mechanisms, like multi-stakeholder approaches.  Capacity Building initiatives for continuous training and education help LEAs and judicial systems adapt to emerging threats, is a continuous effort that requires participation from all sectors, be it public or private. 

Conclusion 

Due to cybercrimes and the threats they induce on individuals, communities, and global security, the proactive approach by UNICRI of combining international cooperation, capacity-building and innovative strategies is pivotal in combating these challenges. By addressing the challenges of organised crime in cyberspace, child online protection, and emerging technology governance, UNICRI exemplifies the power of strategic engagement. While jurisdictional barriers and resource limitations persist, the opportunities in AI, global collaboration, and education offer a path forward. With the evolution of technology, our defences must also be dynamic and ever evolving, and UNICRI’s efforts are essential to building a safer, more inclusive digital future for all.

References

• https://unicri.it/special_topics/securing_cyberspace
• https://www.forbes.com/sites/bernardmarr/2023/10/11/the-10-biggest-cyber-security-trends-in-2024-everyone-must-be-ready-for-now/

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