Empowering India's AI Vision: A Global Leap with the Paris Accelerator Programme

Introduction

In a setback to the Centre, the Bombay High Court on Friday 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms. 

Chronological Overview

• On 6th April 2023, the Ministry of Electronics and Information Technology (MeitY) notified the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023 (IT Amendment Rules, 2023). These rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government”. This amendment was done In exercise of the powers conferred by section 87 of the Information Technology Act, 2000. (IT Act).
• On 20 March 2024, the Central Government notified the Press Information Bureau (PIB) as FCU under rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023). 
• The next day on  21st March 2024, the Supreme Court stayed the Centre's decision on notifying PIB -FCU, considering the pendency of the proceedings before the High Court of Judicature at Bombay. A detailed analysis covered by CyberPeace on the Supreme Court Stay decision can be accessed here.
• In the latest development, the Bombay High Court on 20th September 2024, struck down the provisions under IT Amendment Rules 2023, which empowered the Central Government to establish Fact Check Units (FCUs) to identify ‘fake and misleading’ information about its business on social media platforms.  

Brief Overview of Bombay High Court decision dated 20th September 2024

Justice AS Chandurkar was appointed as the third judge after a split verdict in January 2023 by a division bench consisting of Justices Gautam Patel and Neela Gokhal.  As a Tie-breaker judge' Justice AS Chandurkar delivered the decision striking down provisions for setting up a Fact Check Unit under IT amendment 2023 rules. Striking down the Centre's proposed fact check unit provision, Justice A S Chandurkar of Bombay High Court also opined that there was no rationale to undertake an exercise in determining whether information related to the business of the Central govt was fake or false or misleading when in digital form but not doing the same when such information was in print. It was also contended that there is no justification to introduce an FCU only in relation to the business of the Central Government. Rule 3(1)(b)(v) has a serious chilling effect on the exercise of the freedom of speech and expression under Article 19(1)(a) of the Constitution since the communication of the view of the FCU will result in the intermediary simply pulling down the content for fear of consequences or losing the safe harbour provision given under IT Act.  

Justice Chandurkar held that the expressions ‘fake, false or misleading’ are ‘vague and overbroad’, and that the ‘test of proportionality’ is not satisfied. Rule 3(1)(b)(v), was violative of Articles 14 and 19 (1) (a) and 19 (1) (g) of the Constitution and it is “ultra vires”, or beyond the powers, of the IT Act.

Role of Expert Organisations in Curbing Mis/Disinformation and Fake News

In light of the recent developments, and the rising incidents of Mis/Disinformation and Fake News it becomes significantly important that we all stand together in the fight against these challenges. The actions against Mis/Disinformation and fake news should be strengthened by collective efforts, the expert organisations like CyberPeace Foundation plays an key role in enabling and encouraging netizens to exercise caution and rely on authenticated sources, rather than solely rely on govt FCU to block the content. 

Mis/Disinformation and Fake News should be stopped, identified and countered by netizens at the very first stage of its spread. In light of the Bombay High Court's decision to stuck down the provision related to setting up the FCU by the Central Government, it entails that the government's intention to address misinformation related solely to its business/operations may not have been effectively communicated in the eyes of the judiciary.

It is high time to exercise collective efforts against Mis/Disinformation and Fake News and support expert organizations who are actively engaged in conducting proactive measures, and campaigns to target these challenges, specifically in the online information landscape. CyberPeace actively publishes fact-checking reports and insights on Prebunking and Debunking, conducts expert sessions and takes various key steps aimed at empowering netizens to build cognitive defences to recognise the susceptible information, disregard misleading claims and prevent further spreads to ensure the true online information landscape.

References:

• https://www.scconline.com/blog/post/2024/09/20/bombay-high-court-it-rules-amendment-2023-fact-check-units-article14-article19-legal-news/#:~:text=Bombay%20High%20Court%3A%20A%20case,grounds%20that%20it%20violated%20constitutional
• https://indianexpress.com/article/cities/mumbai/bombay-hc-strikes-down-it-act-amendment-fact-check-unit-9579044/
• https://www.cyberpeace.org/resources/blogs/supreme-court-stay-on-centres-notification-of-pibs-fact-check-unit-under-it-amendment-rules-2023

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March 3rd 2023, New Delhi: If you have received any message that contains a link asking users to download an application to avail Income Tax Refund or KYC benefits with the name of Income Tax Department or reputed Banks, Beware!

CyberPeace Foundation and Autobot Infosec Private Limited along with the academic partners under CyberPeace Center of Excellence (CCoE) recently conducted five different studies on phishing campaigns that have been circulating on the internet by using misleading tactics to convince users to install malicious applications on their devices. The first campaign impersonates the Income Tax Department, while the rest of the campaigns impersonate ICICI Bank, State Bank of India, IDFC Bank and Axis bank respectively. The phishing campaigns aim to trick users into divulging their personal and financial information.

After a detailed study, the research team found that:

• All campaigns appear to be an offer from reputed entities, however hosted on third-party domains instead of the official website of the Income Tax Department or the respective Banks, raising suspicion.
• The applications ask several access permissions of the device. Moreover some of them seek users to provide full control of the device. Allowing such access permission could result in a complete compromise of the system, including access to sensitive information such as microphone recordings, camera footage, text messages, contacts, pictures, videos, and even banking applications.
• Cybercriminals created malicious applications using icons that closely resemble those of legitimate entities with the intention of enticing users into downloading the malicious applications.
• The applications collect user’s personal and banking information. Getting into this type of trap could lead users to face significant financial losses.
• While investigating the impersonated Income Tax Department’s application, the Research team identified the application sends http traffic to a remote server which acts as a Command and Control (CnC/C2) for the application.
• Customers who desire to avail benefits or refunds from respective banks, download relevant apps, believing that the chosen app will assist them. However, they are not always aware that the app may be fraudulent.

“The Research highlights the importance of being vigilant while browsing the internet and not falling prey to such phishing attacks. It is crucial to be cautious when clicking on links or downloading attachments from unknown sources, as they may contain malware that can harm the device or compromise the data.” spokesperson, CyberPeace added.

In addition to this in an earlier report released in last month, the same research team had drawn attention to the WhatsApp messages masquerading as an offer from Tanishq Jewellers with links luring unsuspecting users with the promise of free valentine’s day  presents making the rounds on the app.

CyberPeace Advisory:

• The Research team recommends that people should avoid opening such messages sent via social platforms. One must always think before clicking on such links, or downloading any attachments from unauthorised sources.
• Downloading any application from any third party sources instead of the official app store should be avoided. This will greatly reduce the risk of downloading a malicious app, as official app stores have strict guidelines for app developers and review each app before it gets published on the store.
• Even if you download the application from an authorised source, check the app’s permissions before you install it. Some malicious apps may request access to sensitive information or resources on your device. If an app is asking for too many permissions, it’s best to avoid it.
• Keep your device and the app-store app up to date. This will ensure that you have the latest security updates and bug fixes.
• Falling into such a trap could result in a complete compromise of the system, including access to sensitive information such as microphone recordings, camera footage, text messages, contacts, pictures, videos, and even banking applications and could lead users to financial loss.
• Do not share confidential details like credentials, banking information with such types of Phishing scams.
• Never share or forward fake messages containing links on any social platform without proper verification.

Source : https://www.aninews.in/news/business/business/alert-cybercriminals-target-taxpayers-and-banking-customers-with-phishing-campaign-and-malicious-application20230303182938/

Introduction

In the dynamic intersection of pop culture and technology, an unexpected drama unfolded in the virtual world, where the iconic Taylor Swift account has been temporarily blocked on X . The incident sent a shockwave through the online community, sparking debates and speculation about the misuse of deepfake technology.

Taylor Swift's searches on social media platform X have been restored after a temporary blockage was lifted following outrage over her explicit AI images. The social media site, formerly known as Twitter, temporarily restricted searches for Taylor Swift as a temporary measure to address a flood of AI-generated deepfake images that went viral across X and other platforms. 

X has mentioned it is actively removing the images and taking appropriate actions against the accounts responsible for spreading them. While Swift has not spoken publicly about the fake images, a report stated that her team is "considering legal action" against the site which published the AI-generated images.

The Social Media Frenzy

As news of temporary blockages spread like wildfire across social media platforms, users engaged in a frenzy of reactions. The fake picture was re-shared 24,000 times, with tens of thousands of users liking the post. This engagement supercharged the deepfake image of Taylor Swift, and by the time the moderators woke up, it was too late. Hundreds of accounts began reposting it, which started an online trend. Taylor Swift's AI video reached an even larger audience. The source of the photograph wasn't even known to begin with. The revelations are causing outrage. American lawmakers from across party lines have spoken. One of them said they were astounded, while another said they were shocked. 

AI Deepfake Controversy

The deepfake controversy is not new. There are lot of cases such as Rashmika Mandana, Sachin Tendulkar, and now Taylor Swift have been the victims of such misuse of Deepfake technology. The world is facing a concern about the misuse of AI or deepfake technology. With no proactive measures in place, this threat will only worsen affecting privacy concerns for individuals. This incident has opened a debate among users and industry experts on the ethical use of AI in the digital age and its privacy concerns.

Why has the Incident raised privacy concerns?

The emergence of Taylor Swift's deepfake has raised privacy concerns for several reasons.

1. Misuse of Personal Imagery:  Deepfake uses AI and its algorithms to superimpose one person’s face onto another person’s body, the algorithms are processed again and again till the desired results are obtained. In the case of celebrities or higher-position people, it's very easy for crooks to get images and generate a deepfake.  In the case of Taylor Swift, her images are misused. The misuse of Images can have serious consequences for an individual's reputation and privacy.

2. False narrative and Manipulation:  Deepfake opens the door for public reaction and spreads false narratives, causing harm to reputation, and affecting personal and professional life. Such false narratives through deepfakes may influence public opinion and damage reputation making it challenging for the person to control it. 

3. Invasion of Privacy: Creating a deepfake involves gathering a significant amount of information about their targets without their consent. The use of such personal information for the creation of AI-generated content without permission raises serious privacy concerns. 

4. Difficulty in differentiation: Advanced Deepfake technology makes it difficult for people to differentiate between genuine and manipulated content. 

5. Potential for Exploitation: Deepfake could be exploited for financial gain or malicious motives of the cyber crooks. These videos do harm the reputation, damage the brand name, and partnerships, and even hamper the integrity of the digital platform upon which the content is posted, they also raise questions about the platform’s policy or should we say against the zero-tolerance policy on posting the non-consensual nude images.

Is there any law that could safeguard Internet users?

Legislation concerning deepfakes differs by nation and often spans from demanding disclosure of deepfakes to forbidding harmful or destructive material. Speaking about various countries, the USA including its 10 states like California, Texas, and Illinois have passed criminal legislation prohibiting deepfake. Lawmakers are advocating for comparable federal statutes. A Democrat from New York has presented legislation requiring producers to digitally watermark deepfake content. The United States does not criminalise such deepfakes but does have state and federal laws addressing privacy, fraud, and harassment.

In 2019, China enacted legislation requiring the disclosure of deepfake usage in films and media. Sharing deepfake pornography became outlawed in the United Kingdom in 2023 as part of the Online Safety Act.

To avoid abuse, South Korea implemented legislation in 2020 criminalising the dissemination of deepfakes that endanger the public interest, carrying penalties of up to five years in jail or fines of up to 50 million won ($43,000).

In 2023, the Indian government issued an advisory to social media & internet companies to protect against deepfakes that violate India'sinformation technology laws. India is on its way to coming up with dedicated legislation to deal with this subject.

Looking at the present situation and considering the bigger picture, the world urgently needs strong legislation to combat the misuse of deepfake technology.

Lesson learned

The recent blockage of Taylor Swift's searches on Elon Musk's X has sparked debates on responsible technology use, privacy protection, and the symbiotic relationship between celebrities and the digital era. The incident highlights the importance of constant attention, ethical concerns, and the potential dangers of AI in the digital landscape. Despite challenges, the digital world offers opportunities for growth and learning.

Conclusion

Such deepfake incidents highlight privacy concerns and necessitate a combination of technological solutions, legal frameworks, and public awareness to safeguard privacy and dignity in the digital world as technology becomes more complex.

References:

• https://www.hindustantimes.com/world-news/us-news/taylor-swift-searches-restored-on-elon-musks-x-after-brief-blockage-over-ai-deepfakes-101706630104607.html
• https://readwrite.com/x-blocks-taylor-swift-searches-as-explicit-deepfakes-of-singer-go-viral/

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