AI Revolution

Introduction

Data Breaches have taken over cyberspace as one of the rising issues, these data breaches result in personal data making its way toward cybercriminals who use this data for no good. As netizens, it's our digital responsibility to be cognizant of our data and the data of one's organization. The increase in internet and technology penetration has made people move to cyberspace at a rapid pace, however, awareness regarding the same needs to be inculcated to maximise the data safety of netizens. The recent AIIMS cyber breach has got many organisations worried about their cyber safety and security. According to the HIPPA Journal, 66% of healthcare organizations reported ransomware attacks on them. Data management and security is the prime aspect of clients all across the industry and is now growing into a concern for many. The data is primarily classified into three broad terms-

• Personal Identified Information (PII) - Any representation of information that permits the identity of an individual to whom the information applies to be reasonably inferred by either direct or indirect means.
• Non-Public Information (NPI) - The personal information of an individual that is not and should not be available to the public. This includes Social Security Numbers, bank information, other personal identifiable financial information, and certain transactions with financial institutions.
• Material Non-Public Information (MNPI) - Data relating to a company that has not been made public but could have an impact on its share price. It is against the law for holders of nonpublic material information to use the information to their advantage in trading stocks.

This classification of data allows the industry to manage and secure data effectively and efficiently and at the same time, this allows the user to understand the uses of their data and its intensity in case of breach of data. Organisations process data that is a combination of the above-mentioned classifications and hence in instances of data breach this becomes a critical aspect. Coming back to the AIIMS data breach, it is a known fact that AIIMS is also an educational and research institution. So, one might assume that the reason for any attack on AIIMS could be either to exfiltrate patient data or could be to obtain hands-on the R & D data including research-related intellectual properties. If we postulate the latter, we could also imagine that other educational institutes of higher learning such as IITs, IISc, ISI, IISERs, IIITs, NITs, and some of the significant state universities could also be targeted. In 2021, the Ministry of Home Affairs through the Ministry of Education sent a directive to IITs and many other institutes to take certain steps related to cyber security measures and to create SoPs to establish efficient data management practices. The following sectors are critical in terms of data protection-

• Health sector
• Financial sector
• Education sector
• Automobile sector

These sectors are generally targeted by bad actors and often data breach from these sectors result in cyber crimes as the data is soon made available on Darkweb. These institutions need to practice compliance like any other corporate house as the end user here is the netizen and his/her data is of utmost importance in terms of protection.Organisations in today's time need to be in coherence to the advancement in cyberspace to find out keen shortcomings and vulnerabilities they may face and subsequently create safeguards for the same. The AIIMS breach is an example to learn from so that we can protect other organisations from such cyber attacks. To showcase strong and impenetrable cyber security every organisation should be able to answer these questions-

• Do you have a centralized cyber asset inventory?
• Do you have human resources that are trained to model possible cyber threats and cyber risk assessment?
• Have you ever undertaken a business continuity and resilience study of your institutional digitalized business processes?
• Do you have a formal vulnerability management system that enumerates vulnerabilities in your cyber assets and a patch management system that patches freshly discovered vulnerabilities?
• Do you have a formal configuration assessment and management system that checks the configuration of all your cyber assets and security tools (firewalls, antivirus management, proxy services) regularly to ensure they are most securely configured?
• Do have a segmented network such that your most critical assets (servers, databases, HPC resources, etc.) are in a separate network that is access-controlled and only people with proper permission can access?
• Do you have a cyber security policy that spells out the policies regarding the usage of cyber assets, protection of cyber assets, monitoring of cyber assets, authentication and access control policies, and asset lifecycle management strategies?
• Do you have a business continuity and cyber crisis management plan in place which is regularly exercised like fire drills so that in cases of exigencies such plans can easily be followed, and all stakeholders are properly trained to do their part during such emergencies?
• Do you have multi-factor authentication for all users implemented?
• Do you have a supply chain security policy for applications that are supplied by vendors? Do you have a vendor access policy that disallows providing network access to vendors for configuration, updates, etc?
• Do you have regular penetration testing of the cyberinfrastructure of the organization with proper red-teaming?
• Do you have a bug-bounty program for students who could report vulnerabilities they discover in your cyber infrastructure and get rewarded?
• Do you have an endpoint security monitoring tool mandatory for all critical endpoints such as database servers, application servers, and other important cyber assets?
• Do have a continuous network monitoring and alert generation tool installed?
• Do you have a comprehensive cyber security strategy that is reflected in your cyber security policy document?
• Do you regularly receive cyber security incidents (including small, medium, or high severity incidents, network scanning, etc) updates from your cyber security team in order to ensure that top management is aware of the situation on the ground?
• Do you have regular cyber security skills training for your cyber security team and your IT/OT engineers and employees?
• Do your top management show adequate support, and hold the cyber security team accountable on a regular basis?
• Do you have a proper and vetted backup and restoration policy and practice?

If any organisation has definite answers to these questions, it is safe to say that they have strong cyber security, these questions should not be taken as a comparison but as a checklist by various organisations to be up to date in regard to the technical measures and policies related to cyber security. Having a strong cyber security posture does not drive the cyber security risk to zero but it helps to reduce the risk and improves the fighting chance. Further, if a proper risk assessment is regularly carried out and high-risk cyber assets are properly protected, then the damages resulting from cyber attacks can be contained to a large extent.

Executive Summary:

A photo that has gone viral on social media alleges that the Indian company Patanjali founded by Yoga Guru Baba Ramdev is selling a product called “Recipe Mix for Beef Biryani”. The image incorporates Ramdev’s name in its promotional package. However, upon looking into the matter, CyberPeace Research Team revealed that the viral image is not genuine. The original image was altered and it has been wrongly claimed which does not even exist. Patanjali is an Indian brand designed for vegetarians and an intervention of Ayurveda. For that reason, the image in context is fake and misleading.

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Claims:

An image circulating on social media shows Patanjali selling "Recipe Mix for Beef Biryani”.

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Fact Check:

Upon receiving the viral image, the CyberPeace Research Team immediately conducted an in-depth investigation. A reverse image search revealed that the viral image was taken from an unrelated context and digitally altered to be associated with the fabricated packaging of "National Recipe Mix for Biryani". 

The analysis of the image confirmed signs of manipulation. Patanjali, a well-established Indian brand known for its vegetarian products, has no record of producing or promoting a product called “Recipe mix for Beef Biryani”. We also found a similar image with the product specified as “National Biryani” in another online store.

Comparing both photos, we found that there are several differences.

Further examination of Patanjali's product catalog and public information verified that this viral image is part of a deliberate attempt to spread misinformation, likely to damage the reputation of the brand and its founder. The entire claim is based on a falsified image aimed at provoking controversy, and therefore, is categorically false.

Conclusions:

The viral image associating Patanjali and Baba Ramdev with "Recipe mix for Beef Biryani" is entirely fake. This image was deliberately manipulated to spread false information and damage the brand’s reputation. Social media users are encouraged to fact-check before sharing any such claims, as the spread of misinformation can have significant consequences. The CyberPeace Research Team emphasizes the importance of verifying information before circulating it to avoid spreading false narratives.

• Claim: Patanjali and Baba Ramdev endorse "Recipe mix for Beef Biryani"
• Claimed on: X
• Fact Check: Fake & Misleading

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The rapid innovation of technology and its resultant proliferation in India has integrated businesses that market technology-based products with commerce. Consumer habits have now shifted from traditional to technology-based products, with many consumers opting for smart devices, online transactions and online services. This migration has increased potential data breaches, product defects, misleading advertisements and unfair trade practices. 

The need to regulate technology-based commercial industry is seen in the backdrop of various threats that technologies pose, particularly to data. Most devices track consumer behaviour without the authorisation of the consumer. Additionally, products are often defunct or complex to use and the configuration process may prove to be lengthy with a vague warranty. 

It is noted that consumers also face difficulties in the technology service sector, even while attempting to purchase a product. These include vendor lock-ins (whereby a consumer finds it difficult to migrate from one vendor to another), dark patterns (deceptive strategies and design practices that mislead users and violate consumer rights), ethical concerns etc. 

Against this backdrop, consumer laws are now playing catch up to adequately cater to new consumer rights that come with technology. Consumer laws now have to evolve to become complimentary with other laws and legislation that govern and safeguard individual rights. This includes emphasising compliance with data privacy regulations, creating rules for ancillary activities such as advertising standards and setting guidelines for both product and product seller/manufacturer. 

The Legal Framework in India

Currently, Consumer Laws in India while not tech-targeted, are somewhat adequate; The Consumer Protection Act 2019 (“Act”) protects the rights of consumers in India. It places liability on manufacturers, sellers and service providers for any harm caused to a consumer by faulty/defective products. As a result, manufacturers and sellers of ‘Internet & technology-based products’ are brought under the ambit of this Act. The Consumer Protection Act 2019 may also be viewed in light of the Digital Personal Data Protection Act 2023, which mandates the security of the digital personal data of an individual. Envisioned provisions such as those pertaining to mandatory consent, purpose limitation, data minimization, mandatory security measures by organisations, data localisation, accountability and compliance by the DPDP Act can be applied to information generated by and for consumers.

Multiple regulatory authorities and departments have also tasked themselves to issue guidelines that imbibe the principle of caveat venditor. To this effect, the Networks & Technologies (NT) wing of the Department of Telecommunications (DoT) on 2 March 2023, issued the Advisory Guidelines to M2M/IoT stakeholders for securing consumer IoT (“Guidelines”) aiming for M2M/IoT (i.e. Machine to Machine/Internet of things) compliance with the safety and security standards and guidelines in order to protect the users and the networks that connect these devices. The comprehensive Guidelines suggest the removal of universal default passwords and usernames such as “admin” that come preprogrammed with new devices and mandate the password reset process to be done after user authentication. Web services associated with the product are required to use Multi-Factor Authentication and duty is cast on them to not expose any unnecessary user information prior to authentication. Further, M2M/IoT stakeholders are required to provide a public point of contact for reporting vulnerability and security issues. Such stakeholders must also ensure that the software components are updateable in a secure and timely manner. An end-of-life policy is to be published for end-point devices which states the assured duration for which a device will receive software updates.

The involvement of regulatory authorities depends on the nature of technology products; a single product or technical consumer threat may see multiple guidelines. The Advertising Standards Council of India (ASCI) notes that cryptocurrency and related products were considered as the most violative category to commit fraud. In an attempt to protect consumer safety, it introduced guidelines to regulate advertising and promotion of virtual digital assets (VDA) exchange and trading platforms and associated services as a necessary interim measure in February 2022. It mandates that all VDA ads must carry the stipulated disclaimer “Crypto products and NFTs are unregulated and can be highly risky. There may be no regulatory recourse for any loss from such transactions.” must be made in a prominent and unmissable manner.

Further, authorities such as Securities and Exchange Board of India (SEBI) and the Reserve Bank of India (RBI) also issue cautionary notes to consumers and investors against crypto trading and ancillary activities. Even bodies like Bureau of Indian Standards (BIS) act as a complimenting authority, since product quality, including electronic products, is emphasised by mandating compliance to prescribed standards. 

It is worth noting that ASCI has proactively responded to new-age technology-induced threats to consumers by attempting to tackle “dark patterns” through its existing Code on Misleading Ads (“Code”), since it is applicable across media to include online advertising on websites and social media handles. It was noted by ASCI that 29% of advertisements were disguised ads by influencers, which is a form of dark pattern. Although the existing Code addressed some issues, a need was felt to encompass other dark patterns.

Perhaps in response, the Central Consumer Protection Authority in November 2023 released guidelines addressing “dark patterns” under the Consumer Protection Act 2019 (“Guidelines”). The Guidelines define dark patterns as deceptive strategies and design practices that mislead users and violate consumer rights. These may include creating false urgency, scarcity or popularity of a product, basket sneaking (whereby additional services are added automatically on purchase of a product or service), confirm shaming (it refers to statements such as “I will stay unsecured” when opting out of travel insurance on booking of transportation tickets), etc. The Guidelines also cater to several data privacy considerations; for example, they stipulate a bar on encouraging consumers from divulging more personal information while making purchases due to difficult language and complex settings of their privacy policies, thereby ensuring compliance of technology product sellers and e-commerce platforms/vendors with data privacy laws in India. It is to be noted that the Guidelines are applicable on all platforms that systematically offer goods and services in India, advertisers and sellers.

Conclusion

Consumer laws for technology-based products in India play a pivotal role in safeguarding the rights and interests of individuals in an era marked by rapid technological advancements. These legislative frameworks, spanning facets such as data protection, electronic transactions, and product liability, assume a pivotal role in establishing a regulatory equilibrium that addresses the nuanced challenges of the digital age. The dynamic evolution of the digital landscape necessitates an adaptive legal infrastructure that ensures ongoing consumer safeguarding amidst technological innovations. As the digital landscape evolves, it is imperative for regulatory frameworks to adapt, ensuring that consumers are protected from potential risks associated with emerging technologies. Striking a balance between innovation and consumer safety requires ongoing collaboration between policymakers, businesses, and consumers. By staying attuned to the evolving needs of the digital age, Indian consumer laws can provide a robust foundation for security and equitable relationships between consumers and technology-based products.

References:

• https://dot.gov.in/circulars/advisory-guidelines-m2miot-stakeholders-securing-consumer-iot
• https://www.mondaq.com/india/advertising-marketing--branding/1169236/asci-releases-guidelines-to-govern-ads-for-cryptocurrency
• https://www.ascionline.in/the-asci-code/#:~:text=Chapter%20I%20(4)%20of%20the,nor%20deceived%20by%20means%20of
• https://www.ascionline.in/wp-content/uploads/2022/11/dark-patterns.pdf