#FactCheck - Old Wedding Fire Video Misleadingly Shared as Iranian Hypersonic Missile Strike in Tel Aviv

The concept of web accessibility (i.e., access to the internet) stems from the recognition of internet access as an inalienable right. In 2016, the United Nations Human Rights Commission (UNHRC) General Assembly referred to the access to Internet as an essential human right. The Supreme Court of India also declared such internet access as a fundamental right under the Constitution of India. Various international instruments of which India is a signatory, such as the United Nations Convention on Rights of Persons with Disabilities (UNCRPD) mandate access to information. The heavy reliance on the internet and websites necessitates making the web space inclusive, navigational and accessible to all individuals, including persons with disabilities.

Various laws mandate web accessibility:

• Right of Persons with Disability Act, 2016: The Right of Persons with Disability Act 2016 Is the primary document for the protection of the rights of persons with disabilities to ensure their full participation. The Act provides several direct and indirect provisions (such as Section 2(y) “Reasonable Accommodation”, Section 40 on “Accessibility”, and Section 42 on “Access to Information and Communication Technology”) to ensure that technology products and services are accessible to a person with disabilities. 
• Rights of Persons with Disabilities Rules 2017: The 2017 rules under Rule 15 (2) task the respective Ministries and Departments to ensure compliance with accessibility standards.
• Guidelines for Indian Government Websites (GIGW): The GIGW provide a framework for websites to be designed in accordance with Web Content Accessibility Guidelines (WCAG) 2.0 standards. The GIGW enables websites to obtain certification by the Standardisation Testing and Quality Certification Directorate, after audit. 

Various other policies include;

• National Policy on Universal Electronic Accessibility, 2013: The National Policy ("Policy") on Electronic Accessibility recognizes the need to eliminate discrimination on the basis of disabilities and to facilitate equal access to Electronics & ICTs. The National Policy also recognizes the diversity of differently-abled persons and provides for their specific needs. The Policy covers accessibility requirements in the area of Electronics & ICT by different stakeholders. It recognizes the need to ensure that accessibility standards, guidelines and universal design concepts are adopted and adhered to.
• Web Content Accessibility Guidelines (WCAG): The WCAG defines how to make web content more accessible to persons with disabilities. While adhering to these guidelines is optional, various versions of the WCAG have been issued. It operates on four principles; perceivable, operable, understandable and robust. It provides a path to ensuring compliance and demonstrating reasonable accommodation for persons with disabilities.

However, despite the laws, web accessibility remains a challenge. A vast majority of Indian websites, especially e-commerce entities and several government websites remain inaccessible to persons with disabilities and most often do not conform with international accessibility standards. A report by the Centre of Internet and Society states that out of the 7800 websites of the Government of India, 5815 had accessibility barriers and 1985 websites failed to open. The report also notes that more than half of the websites had no navigation markup and only 52 websites had the option to change colours. The Ministry of Electronics and Information Technology (MeITy), during the 258^th Session of the Rajya Sabha on 9 December 2022 noted that 95 websites of the Central Government have been made accessible to persons with disabilities during the COVID-19 pandemic, however, only 45 websites of the Central Government have been certified as compliant under the Guidelines for Indian Government Websites (GIGW). As of that date, certification of the remaining governmental websites remains incomplete due to the pandemic. Meity also stated that the Department of Empowerment of Persons with Disabilities in 2017 sanctioned a project to be implemented by ERNET India for making 917 websites of State and Union territories. Under the project, a total of 647 websites have been made accessible as of that date.

Conclusion 

While India has established a robust legal framework and policies emphasizing the importance of web accessibility as a fundamental right, the existing gap between legislation and effective implementation poses a significant challenge. The reported accessibility barriers on numerous government and e-commerce websites indicate a pressing need for heightened efforts in enforcing and enhancing accessibility standards. 

In addressing these challenges, continued collaboration between government agencies, private entities and advocacy groups can play a crucial role. Ongoing monitoring, regular audits and public awareness campaigns may contribute to improving accessibility for persons with disabilities to ensure an inclusive environment and compliance with fundamental laws.

References:

1. https://www.legalserviceindia.com/legal/article-2967-right-to-internet-and-fundamental-rights.html 
2. https://www.indiacode.nic.in/bitstream/123456789/15939/1/the_rights_of_persons_with_disabilities_act%2C_2016.pdf 
3. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
4. https://www.meity.gov.in/writereaddata/files/National%20Policy%20on%20Universal%20Electronics%281%29_0.pdf 
5. https://www.w3.org/TR/WCAG21/#:~:text=Web%20Content%20Accessibility%20Guidelines%20(WCAG)%202.1%20defines%20how%20to%20make,%2C%20learning%2C%20and%20neurological%20disabilities. 
6. https://www.boia.org/blog/india-digital-accessibility-laws-an-overview
7. https://cis-india.org/accessibility/accessibility-of-govt-websites.pdf/view 
8. https://sansad.in/rs/questions/questions-and-answers  

Introduction

‍

In the hyperconnected world, cyber incidents can no longer be treated as sporadic disruptions; such incidents have become an everyday occurrence. The attack landscape today is very consequential and shows significant multiplication in its frequency, with ransomware attacks incapacitating a health system, phishing attacks hitting a financial institution, or state-sponsored attacks on critical infrastructures. Towards counteracting such threats, traditional ways alone are not enough, they gravely rely on manual research and human intellect. Attackers exercise speed, scale, and stealth, and defenders are always four steps behind. With such a widening gap, it is deemed necessary to facilitate incident response and crisis management with the intervention of automation and artificial intelligence (AI) for faster detection, context-driven decision-making, and collaborative response beyond human capabilities.

‍

Incident Response and Crisis Management

‍

Incident response is the structured way in which organisations deal with responding to detecting, segregating, and recovering from security incidents. Crisis management takes this even further, dealing not only with the technical fallout of a breach but also its business, reputation, and regulatory implications. Echelon used to depend on manual teams of people sorting through logs, cross-correlating alarms, and generating responses, a paradigm effective for small numbers but quickly inadequate in today's threat climate. Today's opponents attack at machine speed, employing automation to launch attacks. Under such circumstances, responding with slow, manual methods means delay and draconian consequences. The AI and automation introduction is a paradigm change that allows organisations to equate the pace and precision with which attackers initiate attacks in responding to incidents.

‍

How Automation Reinvents Response

‍

Cybercrime automation liberates cybercrime analysts from boring and repetitive tasks that consume time. An analyst manually detects potential threats from a list of hundreds each day, while automated systems sift through noise and focus only on genuine threats. Malware can automatically cause infected computers to be disconnected from the network to avoid spreading or may automatically have its suspicious account permissions removed without human intervention. The security orchestration systems move further by introducing playbooks, predefined steps describing how incidents of a certain type (e.g., phishing attempts or malware infections) should be handled. This ensures fast containment while ensuring consistency and minimising human error amid the urgency of dealing with thousands of alerts.

Automation takes care of threat detection, prioritisation, and containment, allowing human analysts to refocus on more complex decision-making. Instead of drowning in the sea of trivial alerts, security teams can now devote their efforts to more strategic areas: threat hunting and longer-term resilience. Automation is a strong tool of defence, cutting response times down from hours to minutes.

‍

The Intelligence Layer: AI in Action

‍

If automation provides speed, then AI is what allows the brain to be intelligent and flexible. Working with old and fixed-rule systems, AI-enabled solutions learn from experiences, adapt to changes in threats, and discover hidden patterns of which human analysts themselves would be unaware. For instance, machine learning algorithms identify normal behaviour on a corporate network and raise alerts on any anomalies that could indicate an insider attack or an advanced persistent threat. Similarly, AI systems sift through global threat intelligence to predict likely attack vectors so organisations can have their vulnerabilities fixed before they are exploited.

AI also boosts forensic analysis. Instead of searching forever for clues, analysts let AI-driven systems trace back to the origin of an event, identify vulnerabilities exploited by attackers, and flag systems that are still under attack. During a crisis, AI is a decision support that predicts outcomes of different scenarios and recommends the best response. In response to a ransomware attack, for example, based on context, AI might advise separating a single network segment or restoring from backup or alerting law enforcement. 

‍

Real-World Applications and Case Studies

‍

Already, this mitigation has been provided in the form of real-world applications of automation and AI. Consider, for example, IBM Watson for Cybersecurity, which has been applied in analysing unstructured threat intelligence and providing analysts with actionable results in minutes, rather than days. Like this, systems driven by AI in DARPA's Cyber Grand Challenge demonstrated the ability to automatically identify an instant vulnerability, patch it, and reveal the potential of a self-healing system. AI-powered fraud detection systems stop suspicious transactions in the middle of their execution and work all night to prevent losses. What is common in all these examples is that automation and AI lessen human effort, increase accuracy, and in the event of a cyberattack, buy precious time.

‍

Challenges and Limitations

‍

While promising, the technology is still not fully mature. The quality of an AI system is highly dependent on the training data provided; poor training can generate false positives that drown teams or worse false negatives that allow attackers to proceed unabated. Attackers have also started targeting AI itself by poisoning datasets or designing malware that does not get detected. Aside from risks that are more technical, the operational and financial costs involved in implementing advanced AI-based systems present expensive threats to any company. Organisations will have to make expenditures not only on technology but also for the training of staff to best utilise these tools. There are some ethical and privacy issues to consider as well because systems may be processing sensitive personal data, so global data protection laws such as the GDPR or India's DPDP Act could come into conflict.

‍

Creating a Human-AI Collaboration

‍

The future is not going to be one of substitution by machines but of creating human-AI synergy. Automation can do the drudgery, AI can provide smarts, and human professionals can use judgment, imagination, and ethical decisions. One would want to build AI-fuelled Security Operations Centres where technology and human experts work in tandem. Continuous training must be provided to AI models to reduce false alarms and make them most resistant against adversarial attacks. Regular conduct of crisis drills that combine AI tools and human teams can ensure preparedness for real-time events. Likewise, it is worth integrating ethical AI guidelines into security frameworks to ensure a stronger defence while respecting privacy and regulatory compliance.

‍

Conclusion

‍

Cyber-attacks are an eventuality in this modern time, but the actual impact need not be so harsh. The organisations can maintain the programmatic method of integrating automation and AI into incident response and crisis management so that the response against the very threat can be shifted from reactive firefighting to proactive resilience. Automation gives speed and efficiency while AI gives intelligence and foresight, hence putting the defenders on par and possibly exceeding the speed and sophistication of the attackers. But an utmost system without human inquisitiveness, ethical reasoning, and strategic foresight would remain imperfect. The best defence is in that human-machine relationship symbiotic system wherein automation and AI take care of how fast and how many cyber threats come in, whereas human intellect ensures that every response is aligned with larger organizational goals. This synergy is where cybersecurity resiliency will reside in the future-the defenders won't just be reacting to emergencies but will rather be driving the way.

‍

References

‍

• https://www.sisainfosec.com/blogs/incident-response-automation/
• https://stratpilot.ai/role-of-ai-in-crisis-management-and-its-critical-importance/
• https://www.juvare.com/integrating-artificial-intelligence-into-crisis-management/
• https://www.motadata.com/blog/role-of-automation-in-incident-management/

‍

Introduction

On March 12, the Ministry of Corporate Affairs (MCA) proposed the Bill to curb anti-competitive practices of tech giants through ex-ante regulation. The Draft Digital Competition Bill is to apply to ‘Core Digital Services,’ with the Central Government having the authority to update the list periodically. The proposed list in the Bill encompasses online search engines, online social networking services, video-sharing platforms, interpersonal communications services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. 

The primary highlight of the Digital Competition Law Report created by the Committee on Digital Competition Law presented to the Parliament in the 2nd week of March 2024 involves a recommendation to introduce new legislation called the ‘Digital Competition Act,’ intended to strike a balance between certainty and flexibility. The report identified ten anti-competitive practices relevant to digital enterprises in India. These are anti-steering, platform neutrality/self-preferencing, bundling and tying, data usage (use of non-public data), pricing/ deep discounting, exclusive tie-ups, search and ranking preferencing, restricting third-party applications and finally advertising Policies.

Key Take-Aways: Digital Competition Bill, 2024

1. Qualitative and quantitative criteria for identifying Systematically Significant Digital Enterprises, if it meets any of the specified thresholds. 

• Financial thresholds in each of the immediately preceding three financial years like turnover in India, global turnover, gross merchandise value in India, or global market capitalization.
• User thresholds in each of the immediately preceding 3 financial years in India like the core digital service provided by the enterprise has at least 1 crore end users, or it has at least 10,000 business users.
• The Commission may make the designation based on other factors such as the size and resources of an enterprise, number of business or end users, market structure and size, scale and scope of activities of an enterprise and any other relevant factor.

2. A period of 90 days is provided to notify the CCI of qualification as an SSDE. Additionally, the enterprise must also notify the Commission of other enterprises within the group that are directly or indirectly involved in the provision of Core Digital Services, as Associate Digital Enterprises (ADE) and the qualification shall be for 3 years.
3. It prescribes obligations for SSDEs and their ADEs upon designation. The enterprise must comply with certain obligations regarding Core Digital Services, and non-compliance with the same shall result in penalties. Enterprises must not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with the enterprise’s obligations under the Act. 
4. Avoidance of favouritism in product offerings by SSDE,  its related parties, or third parties for the manufacture and sale of products or provision of services over those offered by third-party business users on the Core Digital Service in any manner.
5. The Commission will be having the same powers as vested to a civil court under the Code of Civil Procedure, 1908 when trying a suit.
6. Penalty for non-compliance without reasonable cause may extend to Rs 1 lakh for each day during which such non-compliance occurs (max. of Rs 10 crore). It may extend to 3 years or with a fine, which may extend to Rs 25 crore or with both. The Commission may also pass an order imposing a penalty on an enterprise (not exceeding 1% of the global turnover) in case it provides incorrect, incomplete, misleading information or fails to provide information. 

Suggestions and Recommendations

• The ex-ante model of regulation needs to be examined for the Indian scenario and studies need to be conducted on it has worked previously in different jurisdictions like the EU. 
• The Bill should be aimed at prioritising the fostering of fair competition by preventing monopolistic practices in digital markets exclusively. A clear distinction from the already existing Competition Act, 2002 in its functioning needs to be created so that there is no overlap in the regulations and double jeopardy is not created for enterprises.
• Restrictions on tying and bundling and data usage have been shown to negatively impact MSMEs that rely significantly on big tech to reduce operational costs and enhance customer outreach.
• Clear definitions of "dominant position" and "anti-competitive behaviour" are essential for effective enforcement in terms of digital competition need to be defined. 
• Encouraging innovation while safeguarding consumer data privacy in consonance with the DPDP Act should be the aim. Promoting interoperability and transparency in algorithms can prevent discriminatory practices. 
• Regular reviews and stakeholder consultations will ensure the law adapts to rapidly evolving technologies. 
• Collaboration with global antitrust bodies which is aimed at enhancing cross-border regulatory coherence and effectiveness.

Conclusion

The need for a competition law that is focused exclusively on Digital Enterprises is the need of the hour and hence the Committee recommended enacting the Digital Competition Act to enable CCI to selectively regulate large digital enterprises. The proposed legislation should be restricted to regulate only those enterprises that have a significant presence and ability to influence the Indian digital market. The impact of the law needs to be restrictive to digital enterprises and it should not encroach upon matters not influenced by the digital arena. India's proposed Digital Competition Bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses prevalent in the digital business space. The Ministry of Corporate Affairs has received 41-page public feedback on the draft which is expected to be tabled next year in front of the Parliament. 

References

1. https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf
2. https://prsindia.org/files/policy/policy_committee_reports/Report_Summary-Digital_Competition_Law.pdf
3. https://economictimes.indiatimes.com/tech/startups/meity-meets-india-inc-to-hear-out-digital-competition-law-concerns/articleshow/111091837.cms?from=mdr
4. https://www.mca.gov.in/bin/dms/getdocument?mds=gzGtvSkE3zIVhAuBe2pbow%253D%253D&type=open
5. https://www.barandbench.com/law-firms/view-point/digital-competition-laws-beginning-of-a-new-era
6. https://www.linkedin.com/pulse/policy-explainer-digital-competition-bill-nimisha-srivastava-lhltc/
7. https://www.lexology.com/library/detail.aspx?g=5722a078-1839-4ece-aec9-49336ff53b6c

‍