#FactCheck - Deepfake Video Falsely Claims visuals of a massive rally held in Manipur

Introduction

Cybercrimes have been traversing peripheries and growing at a fast pace. Cybercrime is known to be an offensive action that either targets or operates through a computer, a computer network or a networked device, according to Kaspersky.  In the “Era of globalisation” and a “Digitally coalesced world”, there has been an increase in International cybercrime. Cybercrime could be for personal or political objectives. Nevertheless, Cybercrime aims to sabotage networks for motives other than gain and be carried out either by organisations or individuals. Some of the cybercriminals have no national boundaries and are considered a global threat. They are likewise inordinately technically adept and operate avant-garde strategies. 

The 2023 Global Risk Report points to exacerbating geopolitical apprehensions that have increased the advanced persistent threats (APTs), which are evolving globally as they are ubiquitous. Christine Lagarde, the president of the European Central Bank and former head of the International Monetary Fund (IMF), in 2020 cautioned that a cyber attack could lead to a severe economic predicament. Contemporary technologies and hazardous players have grown at an exceptional gait over the last few decades. Also, cybercrime has heightened on the agenda of nation-states, establishments and global organisations, as per the World Economic Forum (WEF). 

The Role of the United Nations Ad Hoc Committee 

In two shakes, the United Nations (UN) has a major initiative to develop a new and more inclusive approach to addressing cybercrime and is presently negotiating a new convention on cybercrime. The following convention seeks to enhance global collaboration in the combat against cybercrime. The UN has a central initiative to develop a unique and more inclusive strategy for addressing cybercrime. The UN passed resolution 74/247, which designated an open-ended ad hoc committee (AHC) in December 2019 entrusted with setting a broad global convention on countering the use of information and Communication Technologies (ICTs) for illicit pursuits. 

The Cybercrime treaty, if adopted by the UN General Assembly (UNGA) would be the foremost imperative UN mechanism on a cyber point. The treaty could further become a crucial international legal framework for global collaboration on arraigning cyber criminals, precluding and investigating cybercrime. There have correspondingly been numerous other national and international measures to counter the criminal use of ICTs. However, the UN treaty is intended to tackle cybercrime and enhance partnership and coordination between states. The negotiations of the Ad Hoc Committee with the member states will be completed by early 2024 to further adopt the treaty during the UNGA in September 2024.

However, the following treaty is said to be complex. Some countries endorse a treaty that criminalises cyber-dependent offences and a comprehensive spectrum of cyber-enabled crimes.  The proposals of Russia, Belarus, China, Nicaragua and Cuba have included highly controversial recommendations. Nevertheless, India has backed for criminalising crimes associated with ‘cyber terrorism’ and the suggestions of India to the UN Ad Hoc committee are in string with its regulatory strategy in the country. Similarly, the US, Japan, the UK, European Union (EU) member states and Australia want to include core cyber-dependent crimes. 

Nonetheless, though a new treaty could become a practical instrument in the international step against cybercrime, it must conform to existing global agencies and networks that occupy similar areas. This convention will further supplement the "Budapest Cybercrime Convention" on cybercrime that materialised in the 1990s and was signed in Budapest in the year 2001.

Conclusion

According to Cyber Security Ventures, global cybercrime is expected to increase by 15 per cent per year over the next five years, reaching USD 10.5 trillion annually by 2025, up from USD 3 trillion in 2015. The UN cybercrime convention aims to be more global. That being the case, next-generation tools should have state-of-the-art technology to deal with new cyber crimes and cyber warfare. The global crevasse in nation-states due to cybercrime is beyond calculation. It could lead to a great cataclysm in the global economy and threaten the political interest of the countries on that account. It is crucial for global governments and international organisations. It is necessary to strengthen the collaboration between establishments (public and private) and law enforcement mechanisms. An “appropriately designed policy” is henceforward the need of the hour.

References

• https://www.kaspersky.co.in/resource-center/threats/what-is-cybercrime
• https://www.cyberpeace.org/
• https://www.interpol.int/en/Crimes/Cybercrime
• https://www.bizzbuzz.news/bizz-talk/ransomware-attacks-on-startups-msmes-on-the-rise-in-india-cyberpeace-foundation-1261320
• https://www.financialexpress.com/business/digital-transformation-cyberpeace-foundation-receives-4-million-google-org-grant-3282515/
• https://www.chathamhouse.org/2023/08/what-un-cybercrime-treaty-and-why-does-it-matter
• https://www.weforum.org/agenda/2023/01/global-rules-crack-down-cybercrime/
• https://www.weforum.org/publications/global-risks-report-2023/
• https://www.imf.org/external/pubs/ft/fandd/2021/03/global-cyber-threat-to-financial-systems-maurer.htm
• https://www.eff.org/issues/un-cybercrime-treaty#:~:text=The%20United%20Nations%20is%20currently,of%20billions%20of%20people%20worldwide.
• https://cybersecurityventures.com/hackerpocalypse-cybercrime-report-2016/
• https://www.coe.int/en/web/cybercrime/the-budapest-convention
• https://economictimes.indiatimes.com/tech/technology/counter-use-of-technology-for-cybercrime-india-tells-un-ad-hoc-group/articleshow/92237908.cms?utm_source=contentofinterest&utm_medium=text&utm_campaign=cppst
• https://consultation.dpmc.govt.nz/un-cybercrime-convention/principlesandobjectives/supporting_documents/Background.pdf
• https://unric.org/en/a-un-treaty-on-cybercrime-en-route/

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Introduction

Social media has become integral to our lives and livelihood in today’s digital world. Influencers are now strong people who shape trends, views, and consumer behaviour. Influencers have become targets for bad actors aiming to abuse their fame due to their significant internet presence. Unfortunately, account hacking has grown frequently, with significant ramifications for influencers and their followers. Furthermore, the emergence of social media platforms in recent years has opened the way for influencer culture. Influencers exert power over their followers’ ideas, lifestyle choices, and purchase decisions. Influencers and brands frequently collaborate to exploit their reach, resulting in a mutually beneficial environment. As a result, the value of influencer accounts has risen dramatically, attracting the attention of hackers trying to abuse their potential for financial gain or personal advantage.

Instances of recent attacks

Places of worship

The hackers have targeted renowned temples for fulfilling their malicious activities the recent attack happened on The Khautji Shyam Temple, a famous religious institution with enormous cultural and spiritual value for its adherents. It serves as a place of worship, community events, and numerous religious activities. However, since technology has invaded all sectors of life, the temple’s online presence has developed, giving worshippers access to information, virtual darshans (holy viewings), and interactive forums. Unfortunately, this digital growth has also rendered the shrine vulnerable to cyber threats. The hackers hacked the Facebook page twice in the month, demanded donations and hacked the cheques the devotes gave to the trust. The second event happened by posting objectional images on the page and hurting the sentiments of the devotees. The Committee of the temple has filed an FIR under various charges and is also seeking help from the cyber cell.

Social media Influencers

Influencers enjoy a vast online following worldwide, but their presence is limited to the digital space. Hence every video, photo is of importance to them. An incident took place with leading news anchor and reporter Barkha Dutt, where in her youtube channel was hacked into, and all the posts made from the channel were deleted. The hackers also replaced the channel’s logo with Tesla and were streaming a live video on the channel featuring Elon Musk. A similar incident was reported by influencer Tanmay Bhatt, who also lost all the content e had posted on his channel. The hackers use the following methods to con social media influencers:

• Social engineering
• Phishing
• Brute Force Attacks

Such attacks on influencers can cause harm to their reputation, can also cause financial loss, and even lose the trust of the viewers or the followers who follow them, thus further impacting the collaborations.

Safeguards

Social media influencers need to be very careful about their cyber security as their prominent presence is in the online world. The influencers from different platforms should practice the following safeguards to protect themselves and their content better online

Secure your accounts

Protecting your accounts with passphrases or strong passwords is the first step. The best strategy for doing this is to create a passphrase, a phrase only you know. We advise choosing a passphrase with at least four words and 15 characters.

To further secure your accounts, you must enable multi-factor authentication in the second step.

To access your account, a hacker must guess your password and provide a second authentication factor (such as a face scan or fingerprint) that matches yours.

Be careful about who has access

Many social media influencers collaborate with a team to help generate and post content while building their personal brands.

This entails using team members who can write and produce material that influencers can share themselves, according to some of them. In these situations, the influencer is the only person who still has access to the account.

There are more potential weak spots when more people have access. Additionally, it increases the number of ways a password or account access could fall into the hands of a cybercriminal. Only some staff members will be as cautious about password security as you may be.

Stay up-to-date on the threats

What’s the most significant way to combat threats to computer security? Information.

Cybercriminals constantly adapt their methods. It’s crucial to stay informed about these threats and how they can be utilised against you.

But it’s not just threats. Social media platforms and other service providers are likewise changing their offerings to avoid these challenges.

Educate yourself to protect yourself. You can keep one step ahead of the hazards that cybercriminals offer by continuously educating yourself.

Preach cybersecurity

As influencers, cyber security should be preached, no matter your agenda.

This will also enable users to inculcate best practices for digital hygiene.

This will also boost the reporting numbers and increase population awareness, thus eradicating such bad actors from our cyberspace.

Acknowledge the risks

Keeping a blind eye will always hurt the safety aspects, as ignorance always causes issues.

Risks should be kept in mind while creating the digital routine and netiquette

Always inform your users of risk existing and potential risks

Monitor threats

After the acknowledgement, it is essential to monitor threats.

Active lookout for threats will allow you to understand the modus Operandi and the vulnerabilities to avoid criminals

Threats monitoring is also a basic netizens’ responsibility to ensure that the threats are reported as they emerge.

Interpret the data

All cyber nodal agencies release data and trends of cybercrimes, understand the trends and protect your vulnerabilities.

Data interpretation can lead to an early flagging of threats and issues, thus protecting the cyber ecosystem by and large.

Create risk profiles

All influencers should create risk profiles and backup profiles.

This will also help protect one’s data as it can be stored on different profiles.

Risk profiles and having a private profile are essential to safeguard the basic cyber interests of an influencer.

Conclusion

As we go deeper into the digital age, we see more technologies emerging, but along with them, we see a new generation of cyber threats and challenges. The physical, as well as the cyberspace, is now inter twinned and interdependent. Practising basic cyber security practices, hygiene, netiquette, and monitoring best practices will go a long way in protecting the online interests of the Influencers and will impact their followers to engage in best practices thus safeguarding the cyber ecosystem at large.

Introduction

Assisted Reproductive Technology (“ART”) refers to a diverse set of medical procedures designed to aid individuals or couples in achieving pregnancy when conventional methods are unsuccessful. This umbrella term encompasses various fertility treatments, including in vitro fertilization (IVF), intrauterine insemination (IUI), and gamete and embryo manipulation. ART procedures involve the manipulation of both male and female reproductive components to facilitate conception.

The dynamic landscape of data flows within the healthcare sector, notably in the realm of ART, demands a nuanced understanding of the complex interplay between privacy regulations and medical practices. In this context, the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011, play a pivotal role, designating health information as "sensitive personal data or information" and underscoring the importance of safeguarding individuals' privacy. This sensitivity is particularly pronounced in the ART sector, where an array of personal data, ranging from medical records to genetic information, is collected and processed. The recent Assisted Reproductive Technology (Regulation) Act, 2021, in conjunction with the Digital Personal Data Protection Act, 2023, establishes a framework for the regulation of ART clinics and banks, presenting a layered approach to data protection.

A note on data generated by ART

Data flows in any sector are scarcely uniform and often not easily classified under straight-jacket categories. Consequently, mapping and identifying data and its types become pivotal. It is believed that most data flows in the healthcare sector are highly sensitive and personal in nature, which may severely compromise the privacy and safety of an individual if breached. The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules”) categorizes any information pertaining to physical, physiological, mental conditions or medical records and history as “sensitive personal data or information”; this definition is broad enough to encompass any data collected by any ART facility or equipment. These include any information collected during the screening of patients, pertaining to ovulation and menstrual cycles, follicle and sperm count, ultrasound results, blood work etc. It also includes pre-implantation genetic testing on embryos to detect any genetic abnormality. 

But data flows extend beyond mere medical procedures and technology. Health data also involves any medical procedures undertaken, the amount of medicine and drugs administered during any procedure, its resultant side effects, recovery etc. Any processing of the above-mentioned information, in turn, may generate more personal data points relating to an individual’s political affiliations, race, ethnicity, genetic data such as biometrics and DNA etc.; It is seen that different ethnicities and races react differently to the same/similar medication and have different propensities to genetic diseases. Further, it is to be noted that data is not only collected by professionals but also by intelligent equipment like AI which may be employed by any facility to render their service. Additionally, dissemination of information under exceptional circumstances (e.g. medical emergency) also affects how data may be classified. Considerations are further nuanced when the fundamental right to identity of a child conceived and born via ART may be in conflict with the fundamental right to privacy of a donor to remain anonymous. 

Intersection of Privacy laws and ART laws: 

In India, ART technology is regulated by the Assisted Reproductive Technology (Regulation) Act, 2021 (“ART Act”). With this, the Union aims to regulate and supervise assisted reproductive technology clinics and ART banks, prevent misuse and ensure safe and ethical practice of assisted reproductive technology services. When read with the Digital Personal Data Protection Act, 2023 (“DPDP Act”) and other ancillary guidelines, the two legislations provide some framework regulations for the digital privacy of health-based apps.

The ART Act establishes a National Assisted Reproductive Technology and Surrogacy Registry (“National Registry”) which acts as a central database for all clinics and banks and their nature of services. The Act also establishes a National Assisted Reproductive Technology and Surrogacy Board (“National Board”)  under the Surrogacy Act to monitor the implementation of the act and advise the central government on policy matters. It also supervises the functioning of the National Registry, liaises with State Boards and curates a code of conduct for professionals working in ART clinics and banks. Under the DPDP Act, these bodies (i.e. National Board, State Board, ART clinics and banks) are most likely classified as data fiduciaries (primarily clinics and banks), data processors (these may include National Board and State boards) or an amalgamation of both (these include any appropriate authority established under the ART Act for investigation of complaints, suspend or cancellation of registration of clinics etc.) depending on the nature of work undertaken by them. If so classified, then the duties and liabilities of data fiduciaries and processors would necessarily apply to these bodies. As a result, all bodies would necessarily have to adopt Privacy Enhancing Technologies (PETs) and other organizational measures to ensure compliance with privacy laws in place. This may be considered one of the most critical considerations of any ART facility since any data collected by them would be sensitive personal data pertaining to health, regulated by the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011 (“SPDI Rules 2011”). These rules provide for how sensitive personal data or information are to be collected, handled and processed by anyone.

The ART Act independently also provides for the duties of ART clinics and banks in the country. ART clinics and banks are required to inform the commissioning couple/woman of all procedures undertaken and all costs, risks, advantages, and side effects of their selected procedure. It mandatorily ensures that all information collected by such clinics and banks to not informed to anyone except the database established by the National Registry or in cases of medical emergency or on order of court. Data collected by clinics and banks (these include details on donor oocytes, sperm or embryos used or unused) are required to be detailed and must be submitted to the National Registry online. ART banks are also required to collect personal information of donors including name, Aadhar number, address and any other details. By mandating online submission, the ART Act is harmonized with the DPDP Act, which regulates all digital personal data and emphasises free, informed consent.

Conclusion

With the increase in active opt-ins for ART, data privacy becomes a vital consideration for all healthcare facilities and professionals. Safeguard measures are not only required on a corporate level but also on a governmental level. It is to be noted that in the 262 Session of the Rajya Sabha, the Ministry of Electronics and Information Technology reported 165 data breach incidents involving citizen data from January 2018 to October 2023 from the Central Identities Data Repository despite publicly denying. This discovery puts into question the safety and integrity of data that may be submitted to the National Registry database, especially given the type of data (both personal and sensitive information) it aims to collate. At present the ART Act is well supported by the DPDP Act. However, further judicial and legislative deliberations are required to effectively regulate and balance the interests of all stakeholders.

References

• The Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Or Information) Rules, 2011
• Caring for Intimate Data in Fertility Technologies https://dl.acm.org/doi/pdf/10.1145/3411764.3445132 
• Digital Personal Data Protection Act, 2023
• https://www.wolterskluwer.com/en/expert-insights/pharmacogenomics-and-race-can-heritage-affect-drug-disposition