Centre Proposes New Bills for Criminal Law

Introduction 

In the digital era, where technology is growing rapidly,  the role of Artificial Intelligence (AI) has been making its way to different corners of the world. Where nothing seems to be impossible, technology and innovation have been moving conjointly and once again, and such innovation is in the limelight with its groundbreaking initiative known as “Project Groot”, which has been announced by the AI chip leader “Nvidia”. The core of this project is the fusion of technology with AI and robotics, where a humanoid can be produced with the capability to understand the natural language and interact with it to further learn from the physical environment by observing human actions and skills. Project Groot aims to assist humans in diverse sectors such as Healthcare and so on. 

Humanoid robots are based on NVIDIA’s thor system-on-chip (SoC). The thor powers the intelligence of these robots, and the chip has been designed to handle complex tasks and ensure a safe and natural interaction between humans and robots. However, a big question arises about the ethical considerations of privacy, autonomy and the possible replacement of human workers. 

Brief Analysis 

Nvidia has announced Project GR00T, or Generalist Robot 00 Technology, which aims to create AI-powered humanoid robots with human-like understanding and movement. The project is part of Nvidia's efforts to drive breakthroughs in robotics and embodied AI, which can interact with and learn from a physical environment. The robots built on this platform are designed to understand natural language and emulate movements by observing human actions, such as coordination, dexterity, and other skills.

The model has been trained on NVIDIA GPU-accelerated simulation, enabling the robots to learn from human demonstrations with imitation learning and from the robotics platform NVIDIA Isaac Lab for reinforcement learning. This multimodal AI system acts as the mind for humanoid robots, allowing them to learn new skills and interact with the real world. Leading names in robotics, such as Figure, Boston Dynamics, Apptronik, Agility Robotics, Sanctuary AI, and Unitree, are reported to have collaborated with Nvidia to leverage GR00T.

Nvidia has also updated Isaac with Isaac Manipulator and Isaac Perceptor, which add multi-camera 3D vision. The company also unveiled a new computer, Jetson Thor, to aid humanoid robots based on NVIDIA's SoC, which is designed to handle complex tasks and ensure a safe and natural interaction between humans and robots.

Despite the potential job loss associated with humanoid robots potentially handling hazardous and repetitive tasks, many argue that they can aid humans and make their lives more comfortable rather than replacing them.

Policy Recommendations 

The Nvidia project highlights a significant development in AI Robotics, presenting a brimming potential and ethical challenges critical for the overall development and smooth assimilation of AI-driven tech in society. To ensure its smooth assimilation, a comprehensive policy framework must be put in place. This includes:

• Human First Policy - Emphasis should be on better augmentation rather than replacement. The authorities must focus on better research and development (R&D) of applications that aid in modifying human capabilities, enhancing working conditions, and playing a role in societal growth. 
• Proper Ethical Guidelines - Guidelines stressing human safety, autonomy and privacy should be established. These norms must include consent for data collection, fair use of AI in decision making and proper protocols for data security. 
• Deployment of Inclusive Technology - Access to AI Driven Robotics tech should be made available to diverse sectors of society. It is imperative to address potential algorithm bias and design flaws to avoid discrimination and promote inclusivity.
• Proper Regulatory Frameworks - It is crucial to establish regulatory frameworks to govern the smooth deployment and operation of AI-driven tech. The framework must include certification for safety and standards, frequent audits and liability protocols to address accidents. 
• Training Initiatives - Educational programs should be introduced to train the workforce for integrating AI driven robotics and their proper handling. Upskilling of the workforce should be the top priority of corporations to ensure effective integration of AI Robotics. 
• Collaborative Research Initiatives - AI and emerging technologies have a profound impact on the trajectory of human development. It is imperative to foster collaboration among governments, industry and academia to drive innovation in AI robotics responsibly and undertake collaborative initiatives to mitigate and address technical, societal, legal and ethical issues posed by AI Robots. 

Conclusion 

On the whole, Project GROOT is a significant quantum leap in the advancement of robotic technology and indeed paves the way for a future where robots can integrate seamlessly into various aspects of human lives. 

References

• https://indianexpress.com/article/explained/explained-sci-tech/what-is-nvidias-project-gr00t-impact-robotics-9225089/
• https://medium.com/paper-explanation/understanding-nvidias-project-groot-762d4246b76d
• https://www.techradar.com/pro/nvidias-project-groot-brings-the-human-robot-future-a-significant-step-closer
• https://www.barrons.com/livecoverage/nvidia-gtc-ai-conference/card/nvidia-announces-ai-model-for-humanoid-robot-development-BwT9fewMyD6XbuBrEDSp

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Introduction

Sexual Offences against children have recently come under scrutiny after the decision of the Madras High Court which has ruled that watching and downloading child sexual porn is an inchoate crime. In response, the Supreme Court, on 23 September 2024, ruled that Section 15 of the POCSO and Section 67B of the IT Act penalise any form of use of child pornography, including storing and watching such pornographic content. Along with this, the Supreme Court has further recommended replacing the term “Child Pornography” which it said acts as a misnomer and does not capture the full extent of the crime, with a more inclusive term “Child Sexual Exploitative and Abuse Material” (CESAM). This term would more accurately reflect the reality that these images and videos are not merely pornographic but are records of incidents, where a child has either been sexually exploited and abused or where any abuse of children has been portrayed through any self-generated visual depiction.

Intermediaries cannot claim exemption from Liability U/S 79 

Previously, intermediaries claimed safe harbour by only complying with the requirements stipulated under the  MOU. As per the decision of the SC, now, an intermediary cannot claim exemption from the liability under Section 79 of the IT Act for any third-party information, data, or communication link made available or hosted by it unless due diligence is conducted by it and compliance is made of these provisions of the POCSO Act. This is as per the provisions of Sections 19 and 20 of the POCSO read with Rule 11 of the POCSO Rules which have a mandatory nature.

The due diligence under section 79 of the IT Act includes the removal of child pornographic content and immediate reporting of such content to the concerned police units in the manner specified under the POCSO Act and the Rules. In this way, the Supreme Court has broadened the Interpretation and scope of the ‘Due Diligence’ obligation under section 79 of the IT Act. It was also stated that is to be duly noted that merely because an intermediary complies with the IT Act, will not absolve it of any liability under the POCSO. This is unless it duly complies with the requirements and procedure set out under it, particularly Section 20 of the POCSO Act and Rule 11 of the POCSO Rules.

Bar on Judicial Use of the term ‘Child Porn’

Supreme Court found that the term child pornography can be trivialised as pornography is often seen as a consensual act between adults. Supreme Court emphasised using the term Child Sexual Exploitative and Abuse Material  (CESAM) as it would emphasise the exploitation of children highlight the criminality of the act and shift the focus to a more robust framework to counter these crimes. The Supreme Court also stated that the Union of India should consider amending the POCSO Act to replace the "child pornography" term with "child sexual exploitative and abuse material" (CSEAM). This would reflect more accurately on the reality of such offences. Supreme Court also directed that the term "child pornography" shall not be used in any judicial order or judgment, and instead, the term "CSEAM" should be endorsed.

Curbing CSEAM Content on Social Media Platforms

Social Media Intermediaries and Expert Organisations play an important role in curbing CESAM content. Per the directions of the Apex Court, a need to impart positive age-appropriate sex education to prevent youth from engaging in harmful sexual behaviours, including the distribution, and viewing of CSEAM is important and all stakeholders must engage in proactive measures to counter these offences which are under the umbrella of CSEAM. This should entail promoting age-appropriated and lawful content on social media platforms and social media platforms to ensure compliance with applicable provisions.  

Conclusion 

In light of the Supreme Court’s landmark ruling, it is imperative to acknowledge the pressing necessity of establishing a safer online environment that shields children from exploitation. The shift towards using "Child Sexual Exploitative and Abuse Material" (CSEAM) emphasizes the severity of the crime and the need for a vigilant response. The social media intermediaries must respect their commitment to report and remove exploitive content and must ensure compliance with POCSO and IT regulations. Furthermore, comprehensive, age-appropriate sex education can also be used as a preventive measure, educating young people about the moral and legal ramifications of sexual offences, encouraging respect and awareness and ensuring safer cyberspace. 

References

• https://www.scconline.com/blog/post/2024/09/23/storing-watching-child-pornography-crime-supreme-court-pocso-it-act/#:~:text=Supreme%20Court%3A%20The%20bench%20of,watching%20of%20such%20pornographic%20content
• https://timesofindia.indiatimes.com/india/supreme-court-viewing-child-porn-is-offence-under-pocso-it-acts/articleshow/113613572.cms
• https://bwlegalworld.com/article/dont-use-term-child-pornography-says-sc-urges-parliament-to-amend-pocso-act-534053  
• https://indianexpress.com/article/india/child-pornography-law-pocso-it-supreme-court-9583376/

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Introduction:

With the rapid advancement in technologies, vehicles are also being transformed into moving data centre. There is an introduction of connectivity, driver assistance systems, advanced software systems, automated systems and other modern technologies are being deployed to make the experience of users more advanced and joyful. Software plays an important role in the overall functionality and convenience of the vehicle. For example, Advanced technologies like keyless entry and voice assistance, censor cameras and communication technologies are being incorporated into modern vehicles. Addressing the cyber security concerns in the vehicles the Ministry of Road Transport and Highways (MoRTH) has proposed standard Cyber Security and Management Systems (CSMS) rules for specific categories of four-wheelers, including both passenger and commercial vehicles. The goal is to protect these vehicles and their functions against cyber-attacks or vulnerabilities. This move will aim to ensure standardized cybersecurity measures in the automotive industry. These proposed standards will put forth certain responsibilities on the vehicle manufacturers to implement suitable and proportional measures to secure dedicated environments and to take steps to ensure cyber security. 

The New Mandate

The new set of standards requires automobile manufacturers to install a new cybersecurity management system, which will be inclusive of protection against several cyberattacks on the vehicle’s autonomous driving functions, electronic control unit, connected functions, and infotainment systems. The proposed automotive industry standards aim to fortify vehicles against cyberattacks. These standards, expected to be notified by early next month, will apply to all M and N category vehicles. This includes passenger vehicles, goods carriers, and even tractors if they possess even a single electronic control unit. The need for enhanced cybersecurity in the automotive sector is palpable. Modern vehicles, equipped with advanced technologies, are highly prone to cyberattacks. The Ministry of Road Transport and Highways has thus taken a precautionary measure to safeguard all new-age commercial and private vehicles against cyber threats and vulnerabilities.

Cyber Security and Management Systems (CSMS)

The proposed standards by the Ministry of Road Transport and Highways (MoRTH) clarify that CSMS refers to a systematic risk-based strategy that defines organisational procedures, roles, and governance to manage and mitigate risks connected with cyber threats to vehicles, eventually safeguarding them from cyberattacks. According to the draft regulations, all manufacturers will be required to install a cyber security management system in their vehicles and provide the government with a certificate of compliance at the time of vehicle type certification.

Electrical vehicle charging system

Electric vehicle charging stations could also be susceptible and prone to cyber threats and vulnerabilities, which significantly requires to have in place standards to prevent them. It is highlighted that the Indian Computer Emergency Response Team (CERT-In), a designated authority to track and monitor cybersecurity incidents in India, had received reports of vulnerabilities in products and applications related to electric vehicle charging stations. Electric cars or vehicles becoming increasingly popular as the world shifts to green technology. EV owners may charge their cars at charging points in convenient spots. When you charge an EV at a charging station, data transfers between the car, the charging station, and the company that owns the device. This trail of data sharing and EV charging stations in many ways can be exploited by the bad actors. Some of the threats may include Malware, remote manipulation, and disturbing charging stations, social engineering attacks, compromised aftermarket devices etc.

Conclusion

Cyber security is necessary in view of the increased connectivity and use of software systems and other modern technologies in vehicles. As the automotive industry continues to adopt advanced technologies, it will become increasingly important that organizations take a proactive approach to ensure cybersecurity in the vehicles. A balanced approach between technology innovation and security measures will be instrumental in ensuring the cybersecurity aspect in the automotive industry. The recent proposed policy standard by the Ministry of Road Transport and Highways (MoRTH) can be seen as a commendable step to make the automotive industry cyber-resilient and safe for everyone.

References:

• https://economictimes.indiatimes.com/news/india/road-transport-ministry-proposes-uniform-cyber-security-system-for-four-wheelers/articleshow/105187952.cms
• https://www.financialexpress.com/business/express-mobility-cybersecurity-in-the-autonomous-vehicle-the-next-frontier-in-mobility-3234055/
• https://www.gktoday.in/morth-proposes-uniform-cyber-security-standards-for-four-wheelers/
• https://cybersecurity.att.com/blogs/security-essentials/the-top-8-cybersecurity-threats-facing-the-automotive-industry-heading-into-2023

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