#FactCheck - Viral Photos Falsely Linked to Iranian President Ebrahim Raisi's Helicopter Crash

Introduction

The Senate bill introduced on 19 March 2024 in the United States would require online platforms to obtain consumer consent before using their data for Artificial Intelligence (AI) model training. If a company fails to obtain this consent, it would be considered a deceptive or unfair practice and result in enforcement action from the Federal Trade Commission (FTC) under the AI consumer opt-in, notification standards, and ethical norms for training (AI Consent) bill. The legislation aims to strengthen consumer protection and give Americans the power to determine how their data is used by online platforms. 

The proposed bill also seeks to create standards for disclosures, including requiring platforms to provide instructions to consumers on how they can affirm or rescind their consent. The option to grant or revoke consent should be made available at any time through an accessible and easily navigable mechanism, and the selection to withhold or reverse consent must be at least as prominent as the option to accept while taking the same number of steps or fewer as the option to accept.

The AI Consent bill directs the FTC to implement regulations to improve transparency by requiring companies to disclose when the data of individuals will be used to train AI and receive consumer opt-in to this use. 
The bill also commissions an FTC report on the technical feasibility of de-identifying data, given the rapid advancements in AI technologies, evaluating potential measures companies could take to effectively de-identify user data.

The definition of ‘Artificial Intelligence System’ under the proposed bill

ARTIFICIALINTELLIGENCE SYSTEM- The term artificial intelligence system“ means a machine-based system that—

1. Is capable of influencing the environment by producing an output, including predictions, recommendations or decisions, for a given set of objectives; and
2. 2. Uses machine or human-based data and inputs to

(i) Perceive real or virtual environments;

(ii) Abstract these perceptions into models through analysis in an automated manner (such as by using machine learning) or manually; and

(iii) Use model inference to formulate options for outcomes.

Importance of the proposed AI Consent Bill USA

1. Consumer Data Protection: The AI Consent bill primarily upholds the privacy rights of an individual. Consent is necessitated from the consumer before data is used for AI Training; the bill aims to empower individuals with unhinged autonomy over the use of personal information. The scope of the bill aligns with the greater objective of data protection laws globally, stressing the criticality of privacy rights and autonomy.

2. Prohibition Measures: The proposed bill intends to prohibit covered entities from exploiting the data of consumers for training purposes without their consent. This prohibition extends to the sale of data, transfer to third parties and usage. Such measures aim to prevent data misuse and exploitation of personal information. The bill aims to ensure companies are leveraged by consumer information for the development of AI without a transparent process of consent.

3. Transparent Consent Procedures: The bill calls for clear and conspicuous disclosures to be provided by the companies for the intended use of consumer data for AI training. The entities must provide a comprehensive explanation of data processing and its implications for consumers. The transparency fostered by the proposed bill allows consumers to make sound decisions about their data and its management, hence nurturing a sense of accountability and trust in data-driven practices.

4. Regulatory Compliance: The bill's guidelines call for strict requirements for procuring the consent of an individual. The entities must follow a prescribed mechanism for content solicitation, making the process streamlined and accessible for consumers. Moreover, the acquisition of content must be independent, i.e. without terms of service and other contractual obligations. These provisions underscore the importance of active and informed consent in data processing activities, reinforcing the principles of data protection and privacy.

5. Enforcement and Oversight: To enforce compliance with the provisions of the bill, robust mechanisms for oversight and enforcement are established. Violations of the prescribed regulations are treated as unfair or deceptive acts under its provisions. Empowering regulatory bodies like the FTC to ensure adherence to data privacy standards. By holding covered entities accountable for compliance, the bill fosters a culture of accountability and responsibility in data handling practices, thereby enhancing consumer trust and confidence in the digital ecosystem.

Importance of Data Anonymization

Data Anonymization is the process of concealing or removing personal or private information from the data set to safeguard the privacy of the individual associated with it. Anonymised data is a sort of information sanitisation in which data anonymisation techniques encrypt or delete personally identifying information from datasets to protect data privacy of the subject. This reduces the danger of unintentional exposure during information transfer across borders and allows for easier assessment and analytics after anonymisation. When personal information is compromised, the organisation suffers not just a security breach but also a breach of confidence from the client or consumer. Such assaults can result in a wide range of privacy infractions, including breach of contract, discrimination, and identity theft.

The AI consent bill asks the FTC to study data de-identification methods. Data anonymisation is critical to improving privacy protection since it reduces the danger of re-identification and unauthorised access to personal information. Regulatory bodies can increase privacy safeguards and reduce privacy risks connected with data processing operations by investigating and perhaps implementing anonymisation procedures.

The AI consent bill emphasises de-identification methods, as well as the DPDP Act 2023 in India, while not specifically talking about data de-identification, but it emphasises the data minimisation principles, which highlights the potential future focus on data anonymisation processes or techniques in India.

Conclusion

The proposed AI Consent bill in the US represents a significant step towards enhancing consumer privacy rights and data protection in the context of AI development. Through its stringent prohibitions, transparent consent procedures, regulatory compliance measures, and robust enforcement mechanisms, the bill strives to strike a balance between fostering innovation in AI technologies while safeguarding the privacy and autonomy of individuals.

References:

• https://fedscoop.com/consumer-data-consent-training-ai-models-senate-bill/#:~:text=%E2%80%9CThe%20AI%20CONSENT%20Act%20gives,Welch%20said%20in%20a%20statement
• https://www.dataguidance.com/news/usa-bill-ai-consent-act-introduced-house#:~:text=USA%3A%20Bill%20for%20the%20AI%20Consent%20Act%20introduced%20to%20House%20of%20Representatives,-ConsentPrivacy%20Law&text=On%20March%2019%2C%202024%2C%20US,the%20U.S.%20House%20of%20Representatives
• https://datenrecht.ch/en/usa-ai-consent-act-vorgeschlagen/
• https://www.lujan.senate.gov/newsroom/press-releases/lujan-welch-introduce-billto-require-online-platforms-receive-consumers-consent-before-using-their-personal-data-to-train-ai-models/

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Introduction 

The Data Protection Data Privacy Act 2023 is the most essential step towards protecting, prioritising, and promoting the users’ privacy and data protection. The Act is designed to prioritize user consent in data processing while assuring uninterrupted services like online shopping, intermediaries, etc. The Act specifies that once a user provides consent to the following intermediary platforms, the platforms can process the data until the user withdraws the rights of it. This policy assures that the user has the entire control over their data and is accountable for its usage.

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A keen Outlook 

The Following Act also provides highlights for user-specific purpose, which is limited to data processing. This step prevents the misuse of data and also ensures that the processed data is being for the purpose for which it was obtained at the initial stage from the user.

1. Data Fudiary and Processing of Online Shopping Platforms: The Act Emphasises More on Users’ Consent. Once provided, the Data Fudiary can constantly process the data until it is specifically withdrawn by the Data Principal.

• Detailed Analysis

• Consent as a Foundation: The Act places the user's consent as a backbone to the data processing. It sets clear boundaries for data processing. It can be Collecting, Processing, and Storing, and must comply with users’ consent before being used.
• Uninterrupted Data processing: With the given user consent, the intermediaries are not time-restrained. As long as the user does not obligate their consent, the process will be ongoing.

2. Consent and Order Fulfillment: Consent, once provided, encloses all the activities related to the specific purpose for which it was meant to the data it was given for subsequent actions such as order fulfilment. 

• Detailed Analysis

• Purpose-Limited Consent: The consent given is purpose-limited. The platform cannot misuse the obtained data for its personal use.
• Seamless User Experience: By ensuring that the user consent covers the full transactions, spared from the unwanted annoyance of repeated consent requests from the actual ongoing activities. 

3. Data Retention and Rub Out on Online Platforms: Platforms must ensure data minimisation post its utilisation period. This extends to any kind of third-party processors they might take on.

• Detailed Analysis

• Minimization and Security Assurance: By compulsory data removal on post ultization,This step helps to reduce the volume of data platforms hold, which leads to minimizing the risk to data.
• Third-Party Accountability, User Privacy Protection. 

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Influence from Global frameworks

The impactful changes based on global trends and similar legislation( European Union’s GDPR) here are some fruitful changes in intermediaries and social media platforms experienced after the implementation of the DPDP Act 2023.

1. Solidified Consent Mechanism: Platforms and intermediatries need to ensure the users’ consent is categorically given, and informed, and should be specific to which the data is obtained. This step may lead to user-friendly consent forms activities and prompts. 
2. Data Minimizations: Platforms that tend to need to collect the only data necessary for the specific purpose mentioned and not retain information beyond its utility.
3. Transparency and Accountability: Data collecting Platforms need to ensure transparency in data collecting, data processing, and sharing practices. This involves more detailed policy and regular audits.
4. Data Portability: Users have the right to request for a copy of their own data used in format, allowing them to switch platforms effectively.
5. Right to Obligation: Users can have the request right to deletion of their data, also referred to as the “Right to be forgotten”.
6. Prescribed Reporting: Under circumstances of data breaches, intermediary platforms are required to report the issues and instability to the regulatory authorities within a specific timeline.
7. Data Protection Authorities: Due to the increase in data breaches, Large platforms indeed appoint data protection officers, which are responsible for the right compliance with data protection guidelines.
8. Disciplined Policies: Non-compliance might lead to a huge amount of fines, making it indispensable to invest in data protection measures.
9. Third-Party Audits: Intermediaries have to undergo security audits by external auditors to ensure they are meeting the expeditions of the following compliances.
10. Third-Party Information Sharing Restrictions: Sharing personal information and users’ data with third parties (such as advertisers) come with more detailed and disciplined guideline and user consent.

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Conclusion 

The Data Protection Data Privacy Act 2023 prioritises user consent, ensuring uninterrupted services and purpose-limited data processing. It aims to prevent data misuse, emphasising seamless user experiences and data minimisation. Drawing inspiration from global frameworks like the EU's GDPR, it introduces solidified consent mechanisms, transparency, and accountability. Users gain rights such as data portability and data deletion requests. Non-compliance results in significant fines. This legislation sets a new standard for user privacy and data protection, empowering users and holding platforms accountable. In an evolving digital landscape, it plays a crucial role in ensuring data security and responsible data handling.

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References:

• https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
• https://www.mondaq.com/india/privacy-protection/1355068/data-protection-law-in-india-analysis-of-dpdp-act-2023-for-businesses--part-i
• https://www.hindustantimes.com/technology/explained-indias-new-digital-personal-data-protection-framework-101691912775654.html

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Executive Summary:

A viral video has circulated on social media, wrongly showing lawbreakers surrendering to the Indian Army. However, the verification performed shows that the video is of a group surrendering to the Bangladesh Army and is not related to India. The claim that it is related to the Indian Army is false and misleading. 

Claims:

A viral video falsely claims that a group of lawbreakers is surrendering to the Indian Army, linking the footage to recent events in India.

Fact Check:

Upon receiving the viral posts, we analysed the keyframes of the video through Google Lens search. The search directed us to credible news sources in Bangladesh, which confirmed that the video was filmed during a surrender event involving criminals in Bangladesh, not India.

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We further verified the video by cross-referencing it with official military and news reports from India. None of the sources supported the claim that the video involved the Indian Army.  Instead, the video was linked to another similar Bangladesh Media covering the news.

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No evidence was found in any credible Indian news media outlets that covered the video. The viral video was clearly taken out of context and misrepresented to mislead viewers.

Conclusion:

The viral video claiming to show lawbreakers surrendering to the Indian Army is footage from Bangladesh. The CyberPeace Research Team confirms that the video is falsely attributed to India, misleading the claim.

• Claim: The video shows miscreants surrendering to the Indian Army.  
• Claimed on: Facebook, X, YouTube
• Fact Check: False & Misleading

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