Indian Judiciary's Stance on Deepfakes
Introduction
An age of unprecedented problems has been brought about by the constantly changing technological world, and misuse of deepfake technology has become a reason for concern which has also been discussed by the Indian Judiciary. Supreme Court has expressed concerns about the consequences of this quickly developing technology, citing a variety of issues from security hazards to privacy violations to the spread of disinformation. In general, misuse of deepfake technology is particularly dangerous since it may fool even the sharpest eye because they are almost identical to the actual thing.
SC judge expressed Concerns: A Complex Issue
During a recent speech, Supreme Court Justice Hima Kohli emphasized the various issues that deepfakes present. She conveyed grave concerns about the possibility of invasions of privacy, the dissemination of false information, and the emergence of security threats. The ability of deepfakes to be created so convincingly that they seem to come from reliable sources is especially concerning as it increases the potential harm that may be done by misleading information.
Gender-Based Harassment Enhanced
In this internet era, there is a concerning chance that harassment based on gender will become more severe, as Justice Kohli noted. She pointed out that internet platforms may develop into epicentres for the quick spread of false information by anonymous offenders who act worrisomely and freely. The fact that virtual harassment is invisible may make it difficult to lessen the negative effects of toxic online postings. In response, It is advocated that we can develop a comprehensive policy framework that modifies current legal frameworks—such as laws prohibiting sexual harassment online —to adequately handle the issues brought on by technology breakthroughs.
Judicial Stance on Regulating Deepfake Content
In a different move, the Delhi High Court voiced concerns about the misuse of deepfake and exercised judicial intervention to limit the use of artificial intelligence (AI)-generated deepfake content. The intricacy of the matter was highlighted by a division bench. The bench proposed that the government, with its wider outlook, could be more qualified to handle the situation and come up with a fair resolution. This position highlights the necessity for an all-encompassing strategy by reflecting the court's acknowledgement of the technology's global and borderless character.
PIL on Deepfake
In light of these worries, an Advocate from Delhi has taken it upon himself to address the unchecked use of AI, with a particular emphasis on deepfake material. In the event that regulatory measures are not taken, his Public Interest Litigation (PIL), which is filed at the Delhi High Court, emphasises the necessity of either strict limits on AI or an outright prohibition. The necessity to discern between real and fake information is at the center of this case. Advocate suggests using distinguishable indicators, such as watermarks, to identify AI-generated work, reiterating the demand for openness and responsibility in the digital sphere.
The Way Ahead:
Finding a Balance
- The authorities must strike a careful balance between protecting privacy, promoting innovation, and safeguarding individual rights as they negotiate the complex world of deepfakes. The Delhi High Court's cautious stance and Justice Kohli's concerns highlight the necessity for a nuanced response that takes into account the complexity of deepfake technology.
- Because of the increased complexity with which the information may be manipulated in this digital era, the court plays a critical role in preserving the integrity of the truth and shielding people from the possible dangers of misleading technology. The legal actions will surely influence how the Indian judiciary and legislature respond to deepfakes and establish guidelines for the regulation of AI in the nation. The legal environment needs to change as technology does in order to allow innovation and accountability to live together.
Collaborative Frameworks:
- Misuse of deepfake technology poses an international problem that cuts beyond national boundaries. International collaborative frameworks might make it easier to share technical innovations, legal insights, and best practices. A coordinated response to this digital threat may be ensured by starting a worldwide conversation on deepfake regulation.
Legislative Flexibility:
- Given the speed at which technology is advancing, the legislative system must continue to adapt. It will be required to introduce new legislation expressly addressing developing technology and to regularly evaluate and update current laws. This guarantees that the judicial system can adapt to the changing difficulties brought forth by the misuse of deepfakes.
AI Development Ethics:
- Promoting moral behaviour in AI development is crucial. Tech businesses should abide by moral or ethical standards that place a premium on user privacy, responsibility, and openness. As a preventive strategy, ethical AI practices can lessen the possibility that AI technology will be misused for malevolent purposes.
Government-Industry Cooperation:
- It is essential that the public and commercial sectors work closely together. Governments and IT corporations should collaborate to develop and implement legislation. A thorough and equitable approach to the regulation of deepfakes may be ensured by establishing regulatory organizations with representation from both sectors.
Conclusion
A comprehensive strategy integrating technical, legal, and social interventions is necessary to navigate the path ahead. Governments, IT corporations, the courts, and the general public must all actively participate in the collective effort to combat the misuse of deepfakes, which goes beyond only legal measures. We can create a future where the digital ecosystem is safe and inventive by encouraging a shared commitment to tackling the issues raised by deepfakes. The Government is on its way to come up with dedicated legislation to tackle the issue of deepfakes. Followed by the recently issued government advisory on misinformation and deepfake.
References:
Related Blogs
Key points: Data collection, Protecting Children, and Awareness
Introduction
The evolution of technology has drastically changed over the period impacting mankind and their lifestyle. For every single smallest aspect, humans are reliable on the computers they have manufactured. The use of AI has almost hindered mankind, kids these days are more lethargic to work and write more sensibly on their own, but they are more likely interested in television, video games, mobile games, etc. School kids use AI just to complete their homework. Is it a good sign for the country’s future? The study suggests that Tools like ChatGPT is a threat to humans/a child’s potential to be creative and make original content requiring a human writer’s insight. Tools like ChatGPT can remove students’ artistic voices rather than using their unique writing style.
Does any of those browsers or search engines use your search history against you? or How do non-users tend to lose their private info on such a search engine?
Are there any safety measures that one’s the government of a particular country taking to protect their people’s rights?
Some of us might wonder how these two fancy-looking world merge and into, Arey they a boon or curse?
So here’s the top news getting flooded all over the world through the internet,
“Italian Agency impose strict measures on OpenAI’s ChatGPT”
Italy becomes the first Western European country to take serious measures about using Open AI ChatGPT. An Italian Data Protection agency named Garante has set mandates on ChatGPT. Garante has raised concerns about privacy violations and the inability to verify the age of users. Garate has also claimed that the AI ChatBot is violating the EU’s General Data Protection Regulation (GDPR). In a press release, Garante demanded OpenAI take necessary actions.
To begin with, Garante has demanded that OpenAI’s ChatGPT should increase its transparency and give a comprehensive statement about its data processing practices. OpenAI must specify between obtaining user consent for processing users’ data to train its AI model or may rely on a legitimate basis. OpenAI must maintain the privacy of users’ data.
In addition, ChatGPT should also take measures to prevent minors from accessing the technology at such an early stage of life, which could hinder their brain power. ChatGPT should add some age verification system to prevent minors from accessing explicit content. Moreover, Garante suggests that OpenAI should spread awareness among its users about their data being processed to train its AI model. Garante has set a deadline of April 30 for ChatGPT to complete the given tasks. Until then, its service should be banned in the country.
Child safety while surfing on ChatGpt
Italian agency demands age limitation to surf and an age verification method to exclude users under the age of 13, and parental authority should be required for users between the ages of 13 and 18. As this is a matter of security. Children might get exposed to explicit content invalidated to their age or explore illegitimate content. The AI chatbot doesn’t have the sense to determine which content is appropriate for the underage audience. Due to tools like chatbots, subjective things/information are already available to young students, leading to endangered irrespective of their future. As ChatGpt can hinder their potential and ability to create original and creative content for young minds. It is a threat motivation to humans’ motivation to write. Moreover, when students need time to think and analyze they get lethargic due to tools like ChatGPT, and the practice they need fades away.
Collection of User’s Data
According to some reports from the company’s privacy policy, OpenAI ChatGpt collects an assortment of additional data. The first two questions are for a free trial when a session starts. It asks for your Login, and SignUp through your Gmail account collects your IP address, browser type, and the data you put in the form of input, i.e. it collects data on the user’s interaction with the website, It also collects the user’s data like session time, cookies through third party may tend to sell it to an unspecified third party.
This snapshot shows that they have added a few things after Garante’s draft.
Conclusion
AI chatbot – Chatgpt is an advanced technology tool that makes work a little easier, but one surfing on such tools must stay aware of the information they are asking for. Such AI bots are trained to understand mankind, its job is to give a helping hand and not doltish. In case of this, some people tend to provide sensitive information unknowingly, young minds get exposed to explicit information. Such bots need to put some age limitations. Such innovations keep taking place, but it’s individuals’ responsibility what actions to be allowed to access their online connected device. Unlike the Italian Agency, which has taken some preventive measures to keep their user’s data safe, also looking at the adverse effect of such chatbots on a young mind.
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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—
- Is capable of influencing the environment by producing an output, including predictions, recommendations or decisions, for a given set of objectives; and
- 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/
Introduction
The Telecom Regulatory Authority of India (TRAI) has directed all telcos to set up detection systems based on Artificial Intelligence and Machine Learning (AI/ML) technologies in order to identify and control spam calls and text messages from unregistered telemarketers (UTMs).
The TRAI Directed telcos
The telecom regulator, TRAI, has directed all Access Providers to detect Unsolicited commercial communication (UCC)by systems, which is based on Artificial Intelligence and Machine Learning to detect, identify, and act against senders of Commercial Communication who are not registered in accordance with the provisions of the Telecom Commercial Communication Customer Preference Regulations, 2018 (TCCCPR-2018). Unregistered Telemarketers (UTMs) are entities that do not register with Access Providers and use 10-digit mobile numbers to send commercial communications via SMS or calls.
TRAI steps to curb Unsolicited commercial communication
TRAI has taken several initiatives to reduce Unsolicited Commercial Communication (UCC), which is a major source of annoyance for the public. It has resulted in fewer complaints filed against Registered Telemarketers (RTMs). Despite the TSPs’ efforts, UCC from Unregistered Telemarketers (UTMs) continues. Sometimes, these UTMs use messages with bogus URLs and phone numbers to trick clients into revealing crucial information, leading to financial loss.
To detect, identify, and prosecute all Unregistered Telemarketers (UTMs), the TRAI has mandated that Access Service Providers implement the UCC.
Detect the System with the necessary functionalities within the TRAI’s Telecom Commercial Communication Customer Preference Regulations, 2018 framework.
Access service providers have implemented such detection systems based on their applicability and practicality. However, because UTMs are constantly creating new strategies for sending unwanted communications, the present UCC detection systems provided by Access Service providers cannot detect such UCC.
TRAI also Directs Telecom Providers to Set Up Digital Platform for Customer Consent to Curb Promotional Calls and Messages.
Unregistered Telemarketers (UTMs) sometimes use messages with fake URLs and phone numbers to trick customers into revealing essential information, resulting in financial loss.
TRAI has urged businesses like banks, insurance companies, financial institutions, and others to re-verify their SMS content templates with telcos within two weeks. It also directed telecom companies to stop misusing commercial messaging templates within the next 45 days.
The telecom regulator has also instructed operators to limit the number of variables in a content template to three. However, if any business intends to utilise more than three variables in a content template for communicating with their users, this should be permitted only after examining the example message, as well as adequate justifications and justification.
In order to ensure consistency in UCC Detect System implementations, TRAI has directed all Access Providers to deploy UCC and detect systems based on artificial intelligence and Machine Learning that are capable of constantly evolving to deal with new signatures, patterns, and techniques used by UTMs.
Access Providers have also been directed to use the DLT platform to share intelligence with others. Access Providers have also been asked to ensure that such UCC Detect System detects senders that send unsolicited commercial communications in bulk and do not comply with the requirements. All Access Providers are directed to follow the instructions and provide an update on actions done within thirty days.
The move by TRAI is to curb the menacing calls as due to this, the number of scam cases is increasing, and now a new trend of scams started as recently, a Twitter user reported receiving an automated call from +91 96681 9555 with the message “This call is from Delhi Police.” It then asked her to stay in the queue since some of her documents needed to be picked up. Then he said he works as a sub-inspector at the Kirti Nagar police station in New Delhi. He then inquired whether she had recently misplaced her Aadhaar card, PAN card, or ATM card, to which she replied ‘no’. The scammer then poses as a cop and requests that she authenticate the last four digits of her card because they have found a card with her name on it. And a lot of other people tweeted about it.
Conclusion
TRAI directed the telcos to check the calls and messages from Unregistered numbers. This step of TRAI will curb the pesky calls and messages and catch the Frauds who are not registered with the regulation. Sometimes the unregistered sender sends fraudulent links, and through these fraudulent calls and messages, the sender tries to take the personal information of the customers, which results in financial losses.
