#FactCheck - Old Video of Yogi Adityanath Edited to Push ‘Next PM 2029’ Claim

Introduction

Deepfake technology, which combines the words "deep learning" and "fake," uses highly developed artificial intelligence—specifically, generative adversarial networks (GANs)—to produce computer-generated content that is remarkably lifelike, including audio and video recordings. Because it can provide credible false information, there are concerns about its misuse, including identity theft and the transmission of fake information. Cybercriminals leverage AI tools and technologies for malicious activities or for committing various cyber frauds. By such misuse of advanced technologies such as AI, deepfake, and voice clones. Such new cyber threats have emerged. 

India Topmost destination for deepfake attacks

According to Sumsub’s identity fraud report 2023, a well-known digital identity verification company with headquarters in the UK. India, Bangladesh, and Pakistan have become an important participants in the Asia-Pacific identity fraud scene with India’s fraud rate growing exponentially by 2.99% from 2022 to 2023. They are among the top ten nations most impacted by the use of deepfake technology. Deepfake technology is being used in a significant number of cybercrimes, according to the newly released Sumsub Identity Fraud Report for 2023, and this trend is expected to continue in the upcoming year. This highlights the need for increased cybersecurity awareness and safeguards as identity fraud poses an increasing concern in the area. 

How Deeepfake Works 

Deepfakes are a fascinating and worrisome phenomenon that have emerged in the modern digital landscape. These realistic-looking but wholly artificial videos have become quite popular in the last few months. Such realistic-looking, but wholly artificial, movies have been ingrained in the very fabric of our digital civilisation as we navigate its vast landscape. The consequences are enormous and the attraction is irresistible.  

Deep Learning Algorithms

Deepfakes examine large datasets, frequently pictures or videos of a target person, using deep learning techniques, especially Generative Adversarial Networks. By mimicking and learning from gestures, speech patterns, and facial expressions, these algorithms can extract valuable information from the data. By using sophisticated approaches, generative models create material that mixes seamlessly with the target context. Misuse of this technology, including the dissemination of false information, is a worry. Sophisticated detection techniques are becoming more and more necessary to separate real content from modified content as deepfake capabilities improve.

Generative Adversarial Networks

Deepfake technology is based on GANs, which use a dual-network design. Made up of a discriminator and a generator, they participate in an ongoing cycle of competition. The discriminator assesses how authentic the generated information is, whereas the generator aims to create fake material, such as realistic voice patterns or facial expressions. The process of creating and evaluating continuously leads to a persistent improvement in Deepfake's effectiveness over time. The whole deepfake production process gets better over time as the discriminator adjusts to become more perceptive and the generator adapts to produce more and more convincing content. 

 Effect on Community

The extensive use of Deepfake technology has serious ramifications for several industries. As technology develops, immediate action is required to appropriately manage its effects. And promoting ethical use of technologies. This includes strict laws and technological safeguards. Deepfakes are computer trickery that mimics prominent politicians' statements or videos. Thus, it's a serious issue since it has the potential to spread instability and make it difficult for the public to understand the true nature of politics. Deepfake technology has the potential to generate totally new characters or bring stars back to life for posthumous roles in the entertainment industry. It gets harder and harder to tell fake content from authentic content, which makes it simpler for hackers to trick people and businesses.

Ongoing Deepfake Assaults In India

Deepfake videos continue to target popular celebrities, Priyanka Chopra is the most recent victim of this unsettling trend. Priyanka's deepfake adopts a different strategy than other examples including actresses like Rashmika Mandanna, Katrina Kaif, Kajol, and Alia Bhatt. Rather than editing her face in contentious situations, the misleading film keeps her look the same but modifies her voice and replaces real interview quotes with made-up commercial phrases. The deceptive video shows Priyanka promoting a product and talking about her yearly salary, highlighting the worrying development of deepfake technology and its possible effects on prominent personalities.

Actions Considered by Authorities

A PIL was filed requesting the Delhi High Court that access to websites that produce deepfakes be blocked. The petitioner's attorney argued in court that the government should at the very least establish some guidelines to hold individuals accountable for their misuse of deepfake and AI technology. He also proposed that websites should be asked to identify information produced through AI as such and that they should be prevented from producing illegally. A division bench highlighted how complicated the problem is and suggested the government (Centre) to arrive at a balanced solution without infringing the right to freedom of speech and expression (internet).  

Information Technology Minister Ashwini Vaishnaw stated that new laws and guidelines would be implemented by the government to curb the dissemination of deepfake content. He presided over a meeting involving social media companies to talk about the problem of deepfakes. "We will begin drafting regulation immediately, and soon, we are going to have a fresh set of regulations for deepfakes. this might come in the way of amending the current framework or ushering in new rules, or a new law," he stated.

Prevention and Detection Techniques

To effectively combat the growing threat posed by the misuse of deepfake technology, people and institutions should place a high priority on developing critical thinking abilities, carefully examining visual and auditory cues for discrepancies, making use of tools like reverse image searches, keeping up with the latest developments in deepfake trends, and rigorously fact-check reputable media sources. Important actions to improve resistance against deepfake threats include putting in place strong security policies, integrating cutting-edge deepfake detection technologies, supporting the development of ethical AI, and encouraging candid communication and cooperation. We can all work together to effectively and mindfully manage the problems presented by deepfake technology by combining these tactics and adjusting the constantly changing terrain.

Conclusion

Advanced artificial intelligence-powered deepfake technology produces extraordinarily lifelike computer-generated information, raising both creative and moral questions. Misuse of tech or deepfake presents major difficulties such as identity theft and the propagation of misleading information, as demonstrated by examples in India, such as the latest deepfake video involving Priyanka Chopra. It is important to develop critical thinking abilities, use detection strategies including analyzing audio quality and facial expressions, and keep up with current trends in order to counter this danger. A thorough strategy that incorporates fact-checking, preventative tactics, and awareness-raising is necessary to protect against the negative effects of deepfake technology. Important actions to improve resistance against deepfake threats include putting in place strong security policies, integrating cutting-edge deepfake detection technologies, supporting the development of ethical AI, and encouraging candid communication and cooperation. We can all work together to effectively and mindfully manage the problems presented by deepfake technology by combining these tactics and making adjustments to the constantly changing terrain. Creating a true cyber-safe environment for netizens. 

References:

• https://yourstory.com/2023/11/unveiling-deepfake-technology-impact
• https://www.indiatoday.in/movies/celebrities/story/deepfake-alert-priyanka-chopra-falls-prey-after-rashmika-mandanna-katrina-kaif-and-alia-bhatt-2472293-2023-12-05
• https://www.csoonline.com/article/1251094/deepfakes-emerge-as-a-top-security-threat-ahead-of-the-2024-us-election.html
• https://timesofindia.indiatimes.com/city/delhi/hc-unwilling-to-step-in-to-curb-deepfakes-delhi-high-court/articleshow/105739942.cms
• https://www.indiatoday.in/india/story/india-among-top-targets-of-deepfake-identity-fraud-2472241-2023-12-05
• https://sumsub.com/fraud-report-2023/

Introduction

Digital Arrests are a form of scam that involves the digital restraint of individuals. These restraints can vary from restricting access to the account(s), and digital platforms, to implementing measures to prevent further digital activities or being restrained on video calling or being monitored through video calling. Typically, these scams target vulnerable individuals who are unfamiliar with digital fraud tactics, making them more susceptible to manipulation. These scams often target the victims on allegations of drug trafficking, money laundering, falsified documents, etc. These are serious crimes and these scammers scare the victim into thinking that either their identities were used to commit these crimes or they have committed these crimes. Recently there has been an uptick in the digital fraud scams in India highlighting the growing concerns.

The Legality of Digital Arrests in India

There is no legal provision for law enforcement to conduct ‘arrests’ via video calls or online monitoring. If you receive such calls, it is a clear scam. In fact, recently enacted new criminal laws do not provide for any provision for law enforcement agencies conducting a digital arrest.  The law only provides for service of the summons and the proceedings in an electronic mode. 

The Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023 provides for the summons to be served electronically under section 63. The section defines the form of summons. It states that every summons served electronically shall be encrypted and bear the image of the seal of the Court or digital signature. Further, according to section 532 of the BNSS, the trial and proceedings may be held in electronic mode, by use of electronic communication or by the use of audio-video electronic means. 

Modus Operandi

Under digital arrest scams, the scammer makes a connection via video calls (WhatsApp calls, skype, etc) with the victim over their alleged involvement in crimes (financial, drug trafficking, etc) in bogus charges. The victims are intimidated that the arrest will take place soon and till the time the arresting officers do not reach the victim they are to remain on the call and be under digital surveillance and not contact anyone during the ongoing investigation. 

During this period, the scammers start collecting information from the victim to confirm their identity and create an atmosphere in which multiple senior officials are on the victim’s case and they are investigating the case thoroughly. By this time, the victim, scared out of their wits, sits through this arrest and it is then that the scammers posing as law enforcement officials make comments that they can avoid arrest by paying a certain amount of the fines to the accounts that they specify.  This monitoring/ surveillance continues till the time the victim makes the transfers to the accounts provided by the scammers. These are the common manipulation tactics used by scammers in digital arrest fraud.

Recent Cyber Arrest Cases

• Recently a 35-year-old NBCC official was duped of Rs 55 lakh in a 'digital arrest' scam. Posing as customs officials, fraudsters claimed her details were linked to intercepted illegal items and a pending arrest. They kept her on video calls, convincing her to transfer Rs 55 lakh to avoid money laundering charges. After the transfer, the scammers vanished. A police investigation traced the funds to a fake company, leading to the arrest of suspects.
• Another recent case involved a neurologist who was duped Rs 2.81 crores in a ‘digital arrest’ scam. Fraudsters claimed her phone number and Aadhaar was linked to accounts transferring funds to an Individual. Under pressure, she was convinced to undergo “verification” and made multiple transactions over two days. The scammers threatened legal consequences for money laundering if she didn’t comply. Now a police investigation is ongoing, and her immense financial loss highlights the severity of this cybercrime.
• One another case took place where the victim was duped of Rs 7.67 crores in a prolonged ‘digital arrest’ scam over three months. Fraudsters posing as TRAI officials claimed complaints against her phone number and threatened to suspend it, alleging illegal use of another number linked to her Aadhaar. Pressured and manipulated through video calls, the victim was coerced into transferring large sums, even taking an Rs 80 lakh loan. The case is under investigation as authorities pursue the cybercriminals behind the massive fraud.

Best Practices

• Do not panic when you get any calls where sudden unexpected news is shared with you. Scammers thrive on the panic that they create.
• Do not share personal details such as Aadhaar number, PAN number etc with unknown or suspect entities. Be cautious of your personal and financial information such as credit card numbers, OTPs, or any other passwords with anyone.
• If individuals contact, claiming to be government officials, always verify their identities by contacting the entity through the proper channels. 
• Report and block any fraudulent communications that are received and mark them as Spam. This would further inform other users if they see the caller ID being marked as fraud or spam.
• If you have been defrauded then report about the same to the authorities so that action can be taken and authorities can arrest the fraudsters. 
• Do not transfer any money as part of ‘fines’ or ‘dues’ to the accounts that these calls or messages link to. 
• In case of any threat, issue or discrepancy, file a complaint at cybercrime.gov.in or helpline number 1930. You can also seek assistance from the CyberPeace helpline at +91 9570000066.

References: 

• https://www.cyberpeace.org/resources/blogs/digital-arrest-fraud 
• https://www.business-standard.com/india-news/what-is-digital-house-arrest-find-out-how-to-avoid-this-new-scam-124052400799_1.html
• https://www.the420.in/ias-ips-officers-major-generals-doctors-and-professors-fall-victim-to-digital-arrest-losing-crores-stay-alert-read-5-real-cases-inside/
• https://indianexpress.com/article/cities/delhi/senior-nbcc-official-duped-in-case-of-digital-arrest-3-arrested-delhi-police-9588418/#:~:text=Of%20the%20duped%20amount%2C%20Rs,a%20Delhi%20police%20officer%20said (case study 1)
• https://timesofindia.indiatimes.com/city/lucknow/lucknow-sgpgims-professor-duped-of-rs-2-81-crore-in-digital-arrest-scam/articleshow/112521530.cms (case study 2)
• https://timesofindia.indiatimes.com/city/jaipur/bits-prof-duped-of-7-67cr-cops-want-cbi-probe-in-case/articleshow/109514200.cms (case study 3)

‍

The Digital Personal Data Protection (DPDP) Act, 2023, operationalises data privacy largely through a consent management framework. It aims to give data principles, ie, individuals, control over their personal data by giving them the power to track, change, and withdraw their consent from its processing. However, in practice, consent management is often not straightforward. For example, people may be frequently bombarded with requests, which can lead to fatigue and eventual overlooking of consent requests. This article discusses the way consent management is handled by the DPDP Act, and looks at how India can design the system to genuinely empower users while holding organisations accountable.

‍

Consent Management in the DPDP Act

‍

According to the DPDP Act, consent must be unambiguous, free, specific, and informed. It must also be easy for people to revoke their consent (DPO India, 2023). To this end, the Act creates Consent Managers- registered middlemen- who serve as a link between users and data custodians. 

The purpose of consent managers is to streamline and centralise the consent procedure. Users can view, grant, update, or revoke consent across various platforms using the dashboards they offer. They hope to improve transparency and lessen the strain on people to keep track of permissions across different services by standardising the way consent is presented (IAPP, 2024).

The Act draws inspiration from international frameworks such as the GDPR (General Data Protection Regulation), mandating that Indian users be provided with a single platform to manage permissions rather than having to deal with dispersed consent prompts from every service.

‍

The Challenges 

‍

Despite the mandate for an interoperable platform for consent management, several key challenges emerge. There is a lack of clarity on how consent management will be operationalised. This creates challenges of accountability and implementation.  Thus, : 

1. If the interface is poorly designed,  users could be bombarded with content permissions from apps/platforms/ services that are not fully compliant with the platform. 
2. If consent notices are vague, frequent, lengthy, or complex, users may continue to grant permissions without meaningful engagement. 
3. It leaves scope for data fiduciaries to use dark patterns to coerce customers into granting consent through poor UI/UX design.
4. The lack of clear, standardised interoperability protocols across sectors could lead to a fragmented system, undermining the goal of a single, easy-to-use platform.
5. Consent fatigue could easily appear in India's digital ecosystem, where apps, e-commerce websites, and government services all ask for permissions from over 950 million internet subscribers. Experiences from GDPR countries show that users who are repeatedly prompted eventually become banner blind, which causes them to ignore notices entirely.
6. Low levels of literacy (including digital literacy) and unequal access to digital devices among women and marginalised communities create complexities in the substantive coverage of privacy rights.  
7. Placing the burden of verification of legal guardianship for children and persons with disabilities (PwDs) on data fiduciaries might be ineffective, as SMEs may lack the resources to undertake this activity. This could create new forms of vulnerability for the two groups. 

Legal experts claim that this results in what they refer to as a legal fiction, wherein consent is treated as valid by the law despite the fact that it does not represent true understanding or choice (Lawvs, 2023). Additionally, research indicates that users hardly ever read privacy policies in their entirety. People are very likely to tick boxes without fully understanding what they are agreeing to. By drastically limiting user control, this has a bearing on the privacy rights of Indian citizens and residents.  (IJLLR, 2023).

‍

Impacts of Weak Consent Management:

‍

According to the Indian Journal of Law and Technology, in an era of asymmetry and information overload, privacy cannot be sufficiently protected by relying only on consent (IJLT, 2023). Almost every individual will be impacted by inadequate consent management.

1. For Users: True autonomy is replaced by the appearance of control. Individuals may unintentionally disclose private information, which undermines confidence in digital services.
2. For Businesses: Compliance could become a mere formality. Further, if acquired consent is found to be manipulated or invalid, it creates space for legal risks and reputational damage. 
3. For Regulators: It becomes difficult to oversee a system where consent is frequently disregarded or misinterpreted. When consent is merely formal, the law's promise to protect personal information is undermined.

‍

Way Forward

‍

1. Layered and Simplified Notices: Simple language and layers of visual cues should be used in consent requests. Important details like the type of data being gathered, its intended use, and its duration should be made clear up front. Additional explanations are available for users who would like more information. This method enhances comprehension and lessens cognitive overload (Lawvs, 2023).
2. Effective Dashboards: Dashboards from consent managers should be user-friendly, cross-platform, and multilingual. Management is made simple by features like alerts, one-click withdrawal or modification, and summaries of active permissions. The system is more predictable and dependable when all services use the same format, which also reduces confusion (IAPP, 2024). 
3. Dynamic and Contextual Consent: Instead of appearing as generic pop-ups, consent requests should show up when they are pertinent to a user's actions. Users can make well-informed decisions without feeling overburdened by subtle cues, such as emphasising risks when sensitive data is requested (IJLLR, 2023). 
4. Accountability of Consent Managers: Organisations that offer consent management services must be accountable and independent, through clear certification, auditing, and specific legal accountability frameworks. Even when formal consent is given, strong trustee accountability guarantees that data is not misused (IJLT, 2023).
5. Complementary Protections Beyond Consent: Consent continues to be crucial, but some high-risk data processing might call for extra protections. These may consist of increased responsibilities for fiduciaries or proportionality checks. These steps improve people's general protection and lessen the need for frequent consent requests (IJLLR, 2023).

‍

Conclusion

‍

The core of the DPDP Act is to empower users to have control over their data through measures such as consent management. But requesting consent is insufficient; the system must make it simple for people to manage, monitor, and change it. Effectively designed, managed, and executed consent management has the potential to revolutionise user experience and trust in India's digital ecosystem if it is implemented carefully.To make consent management genuinely meaningful, it is imperative to standardise procedures, hold fiduciaries accountable, simplify interfaces, and investigate supplementary protections.

‍

References

‍

Building Trust with Technology: Consent Management Under India’s DPDP Act, 2023

Consent Fatigue and Data Protection Laws: Is ‘Informed Consent’ a Legal Fiction

Beyond Consent: Enhancing India's Digital Personal Data Protection Framework

Constitutional Implications Of Consent Fatigue In Data Protection: Rethinking Meaningful Consent In The Indian Context 

Top 10 operational impacts of India’s DPDPA – Consent management

‍