#FactCheck: Viral AI image shown as AI -171 caught fire after collision

Introduction

On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).

However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.

The official notification dated 20th March 2024 read as follows:

“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”

Impact of the notification

The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.

Safe harbour provision u/s 79 of IT Act, 2000

Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.

Rule 3 (1)(b)(v) Under IT Amendment Rules 2023

Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”.

PIB - FCU

The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.

Concerns with IT Amendment Rules 2023

The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.

The Constitutional validity of  IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.

Supreme Court Stays Setting up of FCU

A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.

Emphasizing Freedom of Speech in the Democratic Environment

The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.

The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.

We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.

Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.

Conclusion

Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.

Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.

References

• https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
• https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
• https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
• https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
• ‍https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
• ‍https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
• ‍https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
• 2024 SCC On Line Bom 360

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Introduction 

As various technological developments enable our phones to take on a greater role, these devices, along with the applications they host, also become susceptible to greater risks. Recently, Zimperium, a tech company that provides security services for mobiles and applications from threats like malware, phishing, etc., has announced its identification of a malware that is targeted toward stealing information from Indian Banks. The Indian Express reports that data from over 25 million devices has been exfiltrated, making it increasingly dangerous, just going by the it has affected so far.

Understanding the Threat: The Case of FatBoyPanel 

A malware is a malicious software that is a file or a program, intentionally harmful to a network, server, computer, and other devices. It is also of various types; however, in the context of the aforementioned case, it is a Trojan horse i.e., a file/program designed to trick the victim into assuming it to be a legitimate software program that is trying to gain access. They are able to execute malicious functions on a device as soon as they are activated post-installation. 

The FatBoyPanel, as it is called, is a malware management system that carried out a massive cyberattack, targeting Indian mobile users and their bank details. Their modus operandi included the process of social engineering, wherein attackers posed as bank officials who called their target and warned them that if no immediate action was taken to update their bank details, their account would be suspended immediately. On panicking and asking for instructions, they were told to download a banking application from the link sent in the form of an Android Package Kit (APK) file (that requires one to enable “Install from Unknown Sources” ) and install it. Various versions of similar incidents were acted on by other attackers, all to trick the target into downloading the file sent. The apps sent through the links are fake, and once installed, they immediately ask for critical permissions such as access to contacts, device storage, overlay permissions (to show fake login pages over real apps), and access to SMS messages (to steal OTPs and banking alerts). This aids in capturing text messages (especially OTPs related to banks), read stored files, monitor app usage, etc. This data is stolen and then sent to the FatBoyPanel backend, where hackers are able to see real-time data on their dashboard, which they can further download and sell.  FatBoyPanel is a C&C (command and control) server that acts as a centralised control room.

Protecting Yourself: Essential Precautions in the Digital Realm 

Although there are various other types of malware, how one must deal with them remains the same. Following are a few instructions that one can practice in order to stay safe:

• Be cautious with app downloads: Only download apps from official app stores (Google Play Store, Apple App Store). Even then, check the developer's reputation, app permissions, and user reviews before installing.
• Keep your operating system and apps updated: Updates often include security patches that protect against known vulnerabilities.
• Be wary of suspicious links and attachments: Avoid clicking on links or opening attachments in unsolicited emails, SMS messages, or social media posts. Verify the sender's authenticity before interacting.
• Enable multi-factor authentication (MFA) wherever possible: While malware like FatBoyPanel can sometimes bypass OTP-based MFA, it still adds an extra layer of security against many other threats. 
• Use strong and unique passwords: Employ a combination of uppercase and lowercase letters, numbers, and symbols for all your online accounts. Avoid reusing passwords across different platforms.
• Install and maintain a reputable mobile security app: These apps can help detect and remove malware, as well as warn you about malicious websites and links (Bitdefender, etc.)
• Regularly review app permissions and give access judiciously: Check what permissions your installed apps have and revoke any that seem unnecessary or excessive. 
• Educate yourself and stay informed: Keep up-to-date with the latest cybersecurity threats and best practices.

Conclusion 

The emergence of malware management systems indicates just how sophisticated the attackers have become over the years. Vigilance at the level of the general public is recommended, but so are increasing efforts in awareness regarding such methods of crime, as people continue to remain vulnerable in aspects related to cybersecurity. Sensitive information at stake, we must take steps to sensitise and better prepare the public to deal with the growing landscape of the digital world.

References

• https://zimperium.com/blog/mobile-indian-cyber-heist-fatboypanel-and-his-massive-data-breach
• https://indianexpress.com/article/technology/tech-news-technology/fatboypanel-new-malware-targeting-indian-users-what-is-it-9965305/ 
• https://www.techtarget.com/searchsecurity/definition/malware 

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Introduction

As per the National Crime Records Bureau (NCRB) ‘Cyber Crime In India Report 2022’, A total of 65,893 cases were registered under Cyber Crimes, showing an increase of 24.4% in registration in comparison to 52,974 cases registered in 2021. The crime rate increased from 3.9 in 2021 to 4.8 in 2022. During 2022, 64.8% of cyber-crime cases registered were for the motive of fraud (42,710 out of 65,893 cases), followed by Extortion with 5.5% (3,648 cases) and Sexual Exploitation with 5.2% (3,434 cases). The statistics released by NCRB show the increased rate of cyber crimes in the country, which poses a significant question of safety in the online world. The rise in cybercrime indicates a rise in emerging criminal groups with malicious intentions, creating new cybercrime hotspots in the country where these groups target and commit cyber crimes despite limited resources.

Cyber Crime Hotspots

Police have recently arrested several cyber criminals in a specific region, indicating that certain areas have become hotspots for cybercrime. Mewat region is one such hotspot indicating a growing trend of cybercrime operating from this area. The Mewat gang's modus operandi is quite different; Cybercriminals in Mewat scam mobile owners just using smartphones and SIM cards without kingpins and targeting mobile owners. The scammers also lure people through online marketplaces such as OLX, in which they pretend to sell possessions and then either physically lure victims to pick-up locations or scam them virtually. 

A study conducted by Future Crime Research Foundation and IIT Kanpur in 2023 has revealed that Jamatara city, once considered the cyber crime capital of India, is no longer the epicentre. The study found that 35 hotspots in India are actively involved in cybercrime activities. The top 10 cybercrime hotspots in India collectively account for 80% of cybercrime-related cases in India. These districts are strategically located near India's capital or closer to the National Capital Region (NCR). These districts are strategically placed with multiple borders, making them easy targets for criminals.  

Online financial fraud and social media-related crimes are the most common in India. Cybercriminals exploit data as a gold mine, using it to commit crimes. For instance, they can obtain banking and insurance data, use simple AI tools to cheat victims, and they can easily impersonate identities to lure innocent people. In cybercrime hotspots, sextortion is a modern way for cybercriminals to record and demand money. Loan app fraud, OLX fraud, and job fraud also originate from these specific regions.

Recommendations 

To counter the challenges posed by emerging cybercrime hubs, the following recommendations are to be considered: 

• Advanced threat Intelligence: The digital landscape is evolving, and the threat landscape is becoming more complex. AI's role in cybersecurity is becoming increasingly critical, both positively and negatively, as it helps in understanding and addressing advanced threats. AI is capable of proactive threat hunting, real-time anomaly detection, and swift incident response.
• Enhancing capabilities of Law Enforcement Agencies: Law enforcement agencies must be sensitised to advanced tools or techniques to investigate cyber crime cases effectively. The development and implementation of advanced forensic tools and technologies need to be utilised or implemented to keep up with the evolving tactics of cybercrime perpetrators. 
• Continuous Monitoring: Continuous cybersecurity monitoring is crucial for detecting anomalies and preventing cyber-attacks. It involves analysing systems and data to establish baseline security, identify deviations, and investigate potential threats. Cybersecurity experts use data observability tools, artificial intelligence, and machine learning to detect unexpected dataset changes.
• Cyber Security Awareness: Public awareness needs to be higher. Cybercrime prevention and cybersecurity is a shared responsibility of all of us by being aware of the threats and following the best practices. The frequent interaction between law enforcement and the public is necessary to raise awareness about safeguarding personal and financial information. Effective campaigns on cyber security are necessary to educate netizens.

Safety Tips for Netizens

Install up-to-date security software and firewalls on devices, use strong passwords for accounts, and regularly update software and applications. Be cautious when clicking on links or downloading files from unknown sources, and be cautious of your personal information.

Conclusion

The rise of Cyber Crime Hotspots in specific regions or districts has significantly exacerbated the issue of increasing cybercrime rates. In order to combat cybercrime more effectively, it is necessary for law enforcement agencies to strengthen their coordination between different states and to adapt advanced technology methods to counter cybercrime threats effectively. Moreover, educating netizens about cyber crime threats and providing best practices is an effective method to counter these threats, considered the first line of defense against cybercrime.

References

• https://ncrb.gov.in/uploads/nationalcrimerecordsbureau/custom/1701607577CrimeinIndia2022Book1.pdf
• https://economictimes.indiatimes.com/tech/technology/no-kingpins-just-a-smartphone-and-sim-card-how-cybercriminals-in-mewat-scam-mobile-owners/articleshow/98062889.cms?from=mdr
• https://www.futurecrime.org/fcrf-cyber-crime-survey-2023
• https://timesofindia.indiatimes.com/city/mumbai/jamtara-loses-crown-as-new-remote-districts-rewrite-indias-cybercrime-map/articleshow/104475868.cms?from=mdr
• https://government.economictimes.indiatimes.com/news/secure-india/80-of-cyber-crimes-from-10-new-districts-iit-report/103921338
• https://www.dw.com/en/how-mewat-became-indias-new-hub-for-cyber-criminals/video-68674527
• https://www.indiatoday.in/from-india-today-magazine/story/into-cybercrime-hotspot-india-mewat-rajasthan-haryana-uttar-pradesh-2381545-2023-05-19
• https://frontline.thehindu.com/the-nation/spotlight-how-nuh-district-in-haryana-became-a-breeding-ground-for-cybercriminals/article67098193.ece
• https://www.opindia.com/2024/04/nuh-mewat-cyber-crime-haryana-police-crackdown/#google_vignette

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