Are Big Tech Companies Under Siege From Regulators?
Introduction
Monopolies in any sector can have a great impact on economic efficiency and, by extension, on the market and the larger economy. Data monopolies hurt both small startups and large, established companies, and it is typically the biggest corporate players who have the biggest data advantage. Google has recently lost a major antitrust case filed by the U.S. Department of Justice, which focused on the company's search engine dominance and expensive partnerships to promote its products. The lawsuit accused Google of using its dominant position in the search engine market to maintain a monopoly. The case has had a significant impact on consumers and the tech industry as a whole. This dominance allowed Google to raise prices on advertisers without consequences, and delay innovations and privacy features that consumers want when they search online.
Antitrust Allegations Against Google in the US and EU
In the case filed by the US Department of Justice, US District Judge Amit Mehta ruled that Google was monopolistic. In the 10-week-long trial, Google lost the major antitrust lawsuit, and it was established that the tech giant had a monopoly in the web search and advertising sectors. The lawsuit accused Google of using its dominant position in the search engine market to elbow out rivals and maintain a monopoly. The tech giant’s exclusive deals with handset makers were brought before the court as evidence. Additionally, the European Commission has fined Google €1.49 billion for breaching EU antitrust rules in 2019.
The Impact of Big Tech Monopolies on the Digital Ecosystem and Beyond
- Big-tech companies collect vast amounts of personal data, raising concerns about how this data is used and protected. The concentration of data in the hands of a few companies can lead to privacy breaches and misuse of personal information.
- The dominance of a few tech giants in digital advertising markets can stifle competition, leading to higher prices for advertisers and fewer choices for consumers. This concentration also allows these companies to exert major control over what ads are shown and to whom.
- Big-tech platforms have substantial power over the dissemination of information. Their algorithms and policies on content moderation can influence public discourse and may spread misinformation. The lack of competition means fewer alternatives are accessible for users seeking different content moderation policies. In 2021 Google paid $26.3 billion to ensure its search engine is the default on smartphones and browsers and to keep control of its dominant market share.
Regulatory Mechanisms in the Indian Context
In India, antitrust issues are governed by the Competition Act of 2002 and the Competition Commission of India (CCI) checks monopolistic practices. In 2022, the CCI imposed a penalty of Rs 1,337.76 crore on Google for abusing its dominant position in multiple markets for 'anti-competitive practices' in the Android mobile device ecosystem. The Draft Digital Competition Bill, 2024, has been proposed as a legislative reform to regulate a wide range of digital services, including online search engines, social networking platforms, video-sharing sites, interpersonal communication services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. The bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses in the digital business space.
Conclusion
Big-tech companies are increasingly under scrutiny from regulators due to concerns over their monopolistic practices, data privacy issues, and the immense influence on markets and public discourse. The U.S. Department of Justice's victory against Google and the European Commission's hefty fines are indicators of a global paradigm shift towards more aggressive regulation to foster competition and protect consumer interests. The combined efforts of regulators across different jurisdictions underscore the recognition that monopolistic practices by such big tech giants can stifle innovation, harm consumers’ interests, and create barriers for new entrants, thus necessitating strong legal frameworks to ensure fair and contestable markets. Overall, the increasing regulatory pressure signifies a pivotal moment for big-tech companies, as they face the challenge of adapting to a more tightly controlled environment where their market dominance and business practices are under intense examination.
References
- https://www.livemint.com/technology/tech-news/googles-future-siege-u-s-court-explores-breaking-up-company-after-landmark-ruling-11723648047735.html
- https://www.thehindu.com/sci-tech/technology/what-is-the-google-monopoly-antitrust-case-and-how-does-it-affect-consumers/article68495551.ece
- https://indianexpress.com/article/business/google-has-an-illegal-monopoly-on-search-us-judge-finds-9497318/
Related Blogs
Introduction
The government has announced that the new criminal laws will come into force on 1st July 2024. The Union Government notified that three recently enacted criminal laws, viz. Bhartiya Nyaya Sanhita 2023, Bharatiya Nagarik Suraksha Sanhita 2023, and Bharatiya Sakshya Adhiniyam 2023 will be effective from 1st July 2024. The Indian Penal Code 1860, Code of Criminal Procedure 1973, and Indian Evidence Act 1872 have been replaced by these new criminal laws.
On 23 February 2024, the Ministry of Home Affairs Announced the Effective Date of new criminal laws as follows:
- Bharatiya Nyaya Sanhita, 2023 Effective from 1-7-2024, except Section 106(2).
- Bharatiya Sakshya Adhiniyam, 2023 Effective from 1-7-2024.
- Bharatiya Nagarik Suraksha Sanhita, 2023 The provisions will come into force on 1-7-2024 except the provisions of the entry relating to section 106(2) of the Bharatiya Nyaya Sanhita, 2023, in the First Schedule.
Section 106(2) Will Not Be Enforced
Truckers protested against this provision, which provides 10 years imprisonment and fines for those who cause death by rash and negligent driving of a vehicle not amounting to culpable homicide, and escape without reporting it to a police officer. As of now, the government has promised truckers and transporters that subsection 2 of Section 106 of Bharatiya Nyay Sanhita (BNS) will not come into force. This subsection deals with fatal hit-and-run cases and prescribes higher penalties for not informing authorities immediately after an accident.
Section 106(2) of Bharatiya Nyaya Sanhita, 2023 read as follows;
106. Causing death by negligence.—
(2) Whoever causes death of any person by rash and negligent driving of vehicle not amounting to culpable homicide, and escapes without reporting it to a police officer or a Magistrate soon after the incident, shall be punished with imprisonment of either description of aterm which may extend to ten years, and shall also be liable to fine.
BHARATIYA SAKSHYA ADHINIYAM, 2023
The Bhartiya Sakshya Adhiniyam 2023 will replace the Indian Evidence Act 1872. The Act has undergone significant modification to maintain its fundamental principles for fair legal proceedings and adapt to technological advancements and changes in societal norms. This Act recognises electronic records as primary evidence under Section 57. It also allows the electronic presentation of oral evidence, enabling remote testimony and ensuring that electronic records will have the same legal effect as paper records.
Bharatiya Nagarik Suraksha Sanhita, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 replaces the 1973 Code of Criminal Procedure, introducing certain modifications. This Act, under section 176, requires forensic investigation for crimes punished with seven years' imprisonment or more. Section 530 of BNSS, 2023 is a newly inserted provision which envisages the use of electronic communication audio-video electronic means for trials, inquiries, proceedings, service and issuance of summons. Electronic mode is permitted for all trials, inquiries, and proceedings under section 173 of this Act. The concept of Zero FIR is also introduced under section 173(1) and mandates police stations to register the FIR, irrespective of jurisdiction.
Conclusion
India's new criminal laws are set to take effect on 1st July 2024. These laws modernise the country's legal framework, replacing outdated statutes and incorporating technological advancements. The concerns from stakeholders led to the withholding of enforcement of Section 106(2) of Bharatiya Nyaya Sanhita 2023. The new criminal laws aim to address contemporary society's complexities while upholding justice and fairness.
References
- https://www.indiatoday.in/india/video/new-criminal-laws-to-come-into-effect-from-july-1-2506664-2024-02-24
- https://www.lawrbit.com/article/ipc-crpc-evidence-act-replaced-by-new-criminal-laws/
Introduction
In an alarming event, one of India’s premier healthcare institutes, AIIMS Delhi, has fallen victim to a malicious cyberattack for the second time in the year. The Incident serves as a clear-cut reminder of the escalating threat landscape faced by the healthcare organisation in this digital age. In the attack, which unfolded with grave implications, the attackers not only explored the vulnerabilities present in the healthcare sector, but this also raised the concern about the security of patient data and the uninterrupted delivery of critical healthcare services. In this blog post, we will explore the incident, what happened, and what safety measures can be taken.
Backdrop
The cyber-security systems deployed in AIIMS, New Delhi, recently detected a malware attack. The nature and scope of the attack were both sophisticated and targeted. This second hack acts as a wake-up call for healthcare organisations nationwide. As the healthcare business increasingly depends on digital technology to improve patient care and operational efficiency, cybersecurity must be prioritised to protect sensitive data. To minimise cyber-attack dangers, healthcare organisations must invest in robust defences such as multi-factor authentication, network security, frequent system upgrades, and employee training.
The attempt was successfully prevented, and the deployed cyber-security systems neutralised the threat. The e-Hospital services remain to be fully secure and are functioning normally.
Impact on AIIMS
Healthcare services have been under hackers’ radar worldwide, and the healthcare sector has been impacted badly. The attack on AIIMS Delhi’s effects has been both immediate and far-reaching. The organisation, which is recognised for delivering excellent healthcare services and performing breakthrough medical research, faced significant interruptions in its everyday operations. Patient care and treatment processes were considerably impeded, resulting in delays, cancellations, and the inability to access essential medical documents. The stolen data raises serious concerns about patient privacy and confidentiality, raising doubts about the institution’s capacity to protect sensitive information. Furthermore, the financial ramifications of the assault, such as the cost of recovery, deploying more robust cybersecurity measures, and potential legal penalties and forensic analyses, contribute to the scale of the effect. The event has also generated public concerns about the institution’s ability to preserve personal information, undermining confidence and degrading AIIMS Delhi’s image.
Impact on Patients: The attacks not only impact the institutes but also have serious implications for the patients and here are some key highlights:
Healthcare Service Disruption: The hack has affected the seamless delivery of healthcare services at AIIMS Delhi. Appointments, surgeries, and other medical treatments may be delayed, cancelled, or rescheduled. This disturbance can result in longer wait times, longer treatment periods, and potential problems from delayed or interrupted therapy.
Patient Privacy and Confidentiality are jeopardised because of the breach of sensitive patient data. Medical data, test findings, and treatment plans may have been compromised. This breach may diminish patient faith in the institution’s capacity to safeguard their personal information, discouraging them from seeking care or submitting sensitive information in the future.
As a result of the cyberattack, patients may endure mental anguish and worry. Fear of possible exploitation of personal health information, confusion about the scope of the breach, and concerns about the security of their healthcare data can all have a negative impact on their mental health. This stress might aggravate pre-existing medical issues and impede total recovery.
Trust at stake: A data breach may harm patients’ faith and confidence in AIIMS Delhi and the healthcare system. Patients rely on healthcare facilities to keep their information secure and confidential while providing safe, high-quality care. A hack can doubt the institution’s ability to safeguard patient data, affecting patients’ overall faith in the organisation and potentially leading to patients seeking care elsewhere.
Cybersecurity Measures
To avoid future hacks and protect patient data, AIIMS Delhi must prioritize enhancing its cybersecurity procedures. The institution can strengthen its resistance to changing threats by establishing strong security practices. The following steps can be considered.
Using Multi-factor Authentication: By forcing users to submit several forms of identity to access systems and data, multi-factor authentication offers an extra layer of protection. AIIMS Delhi may considerably lower the danger of unauthorised access by applying this precaution, even in the case of leaked passwords or credentials. Biometrics and one-time passwords, for example, should be integrated into the institution’s authentication systems.
Improving Network Security and Firewalls: AIIMS Delhi should improve network security by implementing strong firewalls, intrusion detection and prevention systems, and network segmentation. These techniques serve to construct barriers between internal systems and external threats, reducing attackers’ lateral movement within the network. Regular network traffic monitoring and analysis can assist in recognising and mitigating any security breaches.
Risk Assessment: Regular penetration testing and vulnerability assessments are required to uncover possible flaws and vulnerabilities in AIIMS Delhi’s systems and infrastructure. Security professionals can detect vulnerabilities and offer remedial solutions by carrying out controlled simulated assaults. This proactive strategy assists in identifying and addressing any security flaws before attackers exploit them.
Educating and training Healthcare Professionals: Education and training have a crucial role in enhancing cybersecurity practices in healthcare facilities. Healthcare workers, including physicians, nurses, administrators, and support staff, must be well-informed about the importance of cybersecurity and trained in risk-mitigation best practices. This will empower healthcare professionals to actively contribute to protecting the patient’s data and maintaining the trust and confidence of patients.
Learnings from Incidents
AIIMS Delhi should embrace cyber-attacks as learning opportunities to strengthen its security posture. Following each event, a detailed post-incident study should be performed to identify areas for improvement, update security policies and procedures, and improve employee training programs. This iterative strategy contributes to the institution’s overall resilience and preparation for future cyber-attacks. AIIMS Delhi can effectively respond to cyber incidents, minimise the impact on operations, and protect patient data by establishing an effective incident response and recovery plan, implementing data backup and recovery mechanisms, conducting forensic analysis, and promoting open communication. Proactive measures, constant review, and regular revisions to incident response plans are critical for staying ahead of developing cyber threats and ensuring the institution’s resilience in the face of potential future assaults.
Conclusion
To summarise, developing robust healthcare systems in the digital era is a key challenge that healthcare organisations must prioritise. Healthcare organisations can secure patient data, assure the continuation of key services, and maintain patients’ trust and confidence by adopting comprehensive cybersecurity measures, building incident response plans, training healthcare personnel, and cultivating a security culture. Adopting a proactive and holistic strategy for cybersecurity is critical to developing a healthcare system capable of withstanding and successfully responding to digital-age problems.
Executive Summary:
The internet has become a hub for fraudsters, and a new fraudulent scheme has been circulating, stating a free 84-day recharge of ₹719 given by the Honourable Prime Minister Narendra Modi in celebration of the BJP Government formation in 2024. This is yet another scam that uses tricks to lure the users, for instance by fake questionnaires, fake promises and the use of the Honourable Prime Minister Narendra Modi’s image to give a fake impression of legitimacy. The following blog post analyzes the scam and offers recommendations on how to recognize similar frauds and avoid them.
False Claim:
A viral link trending on various social media platforms states that Narendra Modi, the Honourable Prime Minister of India, is giving a free 84-day free recharge worth ₹719 to all users in India and this is an Election Bonus in celebration of the BJP government formation in 2024. The claim insists the users are required to click on the link (https://offerraj.in/Congress2024-Recharge/id=9jMiaeN1) and complete a questionnaire to get the offer.
The Deceptive Scheme:
- Mobile-Only Access: The malicious link (https://offerraj.in/Congress2024-Recharge/id=9jMiaeN1) is designed to open only on mobile devices; this makes it easier for more people to be affected.
- Multiple Redirects: After clicking the link, the users are led through a sequence of other links in order to conceal the actual source of the deception, and probably a try of making it difficult to track the notorious activity.
- Fake Comments & Images: First, the landing page contains a banner with the photo of India’s Honourable Prime-Minister Narendra Modi which gives the site’s visitors the impression of the official source. Also, fake comments can be made for the same reason, stating that the author has received a free recharge and supporting the so-called initiative.
- Fake Prize Notifications: For instance, after responding to the questions in the questionnaire, users may be presented with messages such as ‘Congratulations, you have won a free recharge’; this further creates an impression of a genuine offer.
- Social Sharing Requirement: To collect the so-called ‘prize’, the users are requested to share the link in the WhatsApp or other social networks, thus contributing to the spread of the scam.
Analyzing the Fraudulent Campaign:
- No Official Announcement: The internet and other social platforms are the only places where such an offer has been mentioned, and there is no official announcement from the Government or any other authorized body.
- Multiple Redirects: After clicking the link, users are taken through multiple redirects to obfuscating the source of the deception and to trace the malicious activity.
- Suspicious Domain and Hosting: The campaign is hosted on a third-party domain (offerraj.in) instead of any official government website, raising suspicion about its authenticity.
- Personal Data Collection: The questionnaire prompts users to provide personal information, which legitimate Government initiatives would not typically request through unofficial channels.
- Insecure HTTP Link: The link provided is an insecure HTTP link, whereas legitimate government websites employ secure HTTPS encryption.
Domain Analysis:
The actual url is hosted on a third party domain instead of the official website of the BJP or any Government website. This is the common way to deceive users into falling for a Phishing scam. Whois information reveals that the domain has been registered recently i.e on 28-03-2023 and the domain is registered with godaddy.com and state is from Rajasthan, India. Cybercriminals used Cloudflare technology to mask the actual IP address of the fraudulent website.
- Domain Name: offerraj.in
- Registry Domain ID: D9483D0EB38264263958C9609D2DCEA70-IN
- Registrar WHOIS Server:
- Registrar URL: www.godaddy.com
- Updated Date: 2024-05-03T07:30:03Z
- Creation Date: 2023-03-28T04:33:12Z
- Registry Expiry Date: 2026-03-28T04:33:12Z
- Registrar: GoDaddy.com, LLC
- Registrar IANA ID: 146
- Registrant State/Province: Rajasthan
- Registrant Country: IN
- Name Server: johnathan.ns.cloudflare.com
- Name Server: braelyn.ns.cloudflare.com
Similar offer surfing with different links: Several similar kind of offers through various links such as https://offerintro.com/BJP2024-Recharge/id=QYntPBDU, https://mahaloot2.xyz, https://mahaloot3.xyz, https://pmoffer4.online, are available in the social media. All these links are analysed and validated to be malicious or phishing links.
CyberPeace Advisory and Best Practices:
- Stay Informed: Be aware of potential scams and rely on official government channels for verified information.
- Verify Website Security: Do not click on links that have the ‘http’ at the beginning and focus on sites that have encryption (‘https’).
- Protect Personal Information: Be careful when there is any request to send some type of personal information, especially if it is done through informal companies.
- Report Suspicious Activity: When you notice that you have been scammed or a certain activity is fraudulent, ensure to report the incidents to the necessary authorities and the platforms to prevent others from being scammed.
Conclusion:
The claim of 84 day free recharge worth ₹719 to all users in India as an “Election Bonus” is false and similar kinds of various links are consistently surfing through the internet. The deceptive practices employed in these kinds of links are insecure and it has multiple redirects to false promises which highlights the need for heightened awareness and caution among internet users. In this digital world, it is important to stay informed, verify the authenticity of resources to protect personal information. Individuals can safeguard themselves against such fraudulent schemes and contribute to a safer online environment.
