CERT-In Alert: Protecting Yourself from Smishing Attacks

Introduction

On March 12, the Ministry of Corporate Affairs (MCA) proposed the Bill to curb anti-competitive practices of tech giants through ex-ante regulation. The Draft Digital Competition Bill is to apply to ‘Core Digital Services,’ with the Central Government having the authority to update the list periodically. The proposed list in the Bill encompasses online search engines, online social networking services, video-sharing platforms, interpersonal communications services, operating systems, web browsers, cloud services, advertising services, and online intermediation services. 

The primary highlight of the Digital Competition Law Report created by the Committee on Digital Competition Law presented to the Parliament in the 2nd week of March 2024 involves a recommendation to introduce new legislation called the ‘Digital Competition Act,’ intended to strike a balance between certainty and flexibility. The report identified ten anti-competitive practices relevant to digital enterprises in India. These are anti-steering, platform neutrality/self-preferencing, bundling and tying, data usage (use of non-public data), pricing/ deep discounting, exclusive tie-ups, search and ranking preferencing, restricting third-party applications and finally advertising Policies.

Key Take-Aways: Digital Competition Bill, 2024

1. Qualitative and quantitative criteria for identifying Systematically Significant Digital Enterprises, if it meets any of the specified thresholds. 

• Financial thresholds in each of the immediately preceding three financial years like turnover in India, global turnover, gross merchandise value in India, or global market capitalization.
• User thresholds in each of the immediately preceding 3 financial years in India like the core digital service provided by the enterprise has at least 1 crore end users, or it has at least 10,000 business users.
• The Commission may make the designation based on other factors such as the size and resources of an enterprise, number of business or end users, market structure and size, scale and scope of activities of an enterprise and any other relevant factor.

2. A period of 90 days is provided to notify the CCI of qualification as an SSDE. Additionally, the enterprise must also notify the Commission of other enterprises within the group that are directly or indirectly involved in the provision of Core Digital Services, as Associate Digital Enterprises (ADE) and the qualification shall be for 3 years.
3. It prescribes obligations for SSDEs and their ADEs upon designation. The enterprise must comply with certain obligations regarding Core Digital Services, and non-compliance with the same shall result in penalties. Enterprises must not directly or indirectly prevent or restrict business users or end users from raising any issue of non-compliance with the enterprise’s obligations under the Act. 
4. Avoidance of favouritism in product offerings by SSDE,  its related parties, or third parties for the manufacture and sale of products or provision of services over those offered by third-party business users on the Core Digital Service in any manner.
5. The Commission will be having the same powers as vested to a civil court under the Code of Civil Procedure, 1908 when trying a suit.
6. Penalty for non-compliance without reasonable cause may extend to Rs 1 lakh for each day during which such non-compliance occurs (max. of Rs 10 crore). It may extend to 3 years or with a fine, which may extend to Rs 25 crore or with both. The Commission may also pass an order imposing a penalty on an enterprise (not exceeding 1% of the global turnover) in case it provides incorrect, incomplete, misleading information or fails to provide information. 

Suggestions and Recommendations

• The ex-ante model of regulation needs to be examined for the Indian scenario and studies need to be conducted on it has worked previously in different jurisdictions like the EU. 
• The Bill should be aimed at prioritising the fostering of fair competition by preventing monopolistic practices in digital markets exclusively. A clear distinction from the already existing Competition Act, 2002 in its functioning needs to be created so that there is no overlap in the regulations and double jeopardy is not created for enterprises.
• Restrictions on tying and bundling and data usage have been shown to negatively impact MSMEs that rely significantly on big tech to reduce operational costs and enhance customer outreach.
• Clear definitions of "dominant position" and "anti-competitive behaviour" are essential for effective enforcement in terms of digital competition need to be defined. 
• Encouraging innovation while safeguarding consumer data privacy in consonance with the DPDP Act should be the aim. Promoting interoperability and transparency in algorithms can prevent discriminatory practices. 
• Regular reviews and stakeholder consultations will ensure the law adapts to rapidly evolving technologies. 
• Collaboration with global antitrust bodies which is aimed at enhancing cross-border regulatory coherence and effectiveness.

Conclusion

The need for a competition law that is focused exclusively on Digital Enterprises is the need of the hour and hence the Committee recommended enacting the Digital Competition Act to enable CCI to selectively regulate large digital enterprises. The proposed legislation should be restricted to regulate only those enterprises that have a significant presence and ability to influence the Indian digital market. The impact of the law needs to be restrictive to digital enterprises and it should not encroach upon matters not influenced by the digital arena. India's proposed Digital Competition Bill aims to promote competition and fairness in the digital market by addressing anti-competitive practices and dominant position abuses prevalent in the digital business space. The Ministry of Corporate Affairs has received 41-page public feedback on the draft which is expected to be tabled next year in front of the Parliament. 

References

1. https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf
2. https://prsindia.org/files/policy/policy_committee_reports/Report_Summary-Digital_Competition_Law.pdf
3. https://economictimes.indiatimes.com/tech/startups/meity-meets-india-inc-to-hear-out-digital-competition-law-concerns/articleshow/111091837.cms?from=mdr
4. https://www.mca.gov.in/bin/dms/getdocument?mds=gzGtvSkE3zIVhAuBe2pbow%253D%253D&type=open
5. https://www.barandbench.com/law-firms/view-point/digital-competition-laws-beginning-of-a-new-era
6. https://www.linkedin.com/pulse/policy-explainer-digital-competition-bill-nimisha-srivastava-lhltc/
7. https://www.lexology.com/library/detail.aspx?g=5722a078-1839-4ece-aec9-49336ff53b6c

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Introduction

DDoS – Distributed Denial of Service Attack is one of the cyber-attacks which has been evolving at the fastest pace,  the new technologies have created a blanket of vulnerability for the victim which allows the cyber criminals to stay under the radar and keep launching small scale high intensity cyber attacks. A distributed denial-of-service (DDoS) attack is a malicious attempt to disrupt the normal traffic of a targeted server, service, or network by overwhelming the target or its surrounding infrastructure with a flood of Internet traffic. DDoS attacks achieve effectiveness by utilizing multiple compromised computer systems as sources of attack traffic. Exploited machines can include computers and other networked resources such as IoT devices. From a high level, a DDoS attack is like an unexpected traffic jam clogging up the highway, preventing regular traffic from arriving at its destination.

Op Power Off

In a recent Operation by Law enforcement agencies known as Op Power Off, LEAs from United Kingdom, United States of America, Netherlands, Poland, and Germany joined hands to target the cybergroups committing such large-scale attacks which can paralyse the Internet become inaccessible for a large faction of netizens. The services collectively seized were by far the most popular DDoS booter services on the market, receiving top billing on search engines. One such service taken down had been used to carry out over 30 million attacks. As part of this action, seven administrators have been arrested so far in the United States and the United Kingdom, with further actions planned against the users of these illegal services.  International police cooperation was central to the success of this operation as the administrators, users, critical infrastructure, and victims were scattered across the world. Europol’s European Cybercrime Centre coordinated the activities in Europe through its Joint Cybercrime Action Taskforce (J-CAT).

Participating Authorities

• United States: US Department of Justice (US DOJ), Federal Bureau of Investigation (FBI)
• United Kingdom: National Crime Agency (NCA)
• The Netherlands: National High Tech Crime Unit Landelijke Eenheid, Cybercrime team Midden-Nederland, Cybercrime team Noord-Holland and Cybercrime team Den Haag
• Germany: Federal Criminal Police Office (Bundeskriminalamt), Hanover Police Department (Polizeidirektion Hannover), Public Prosecutor’s Office Verden (Staatsanwaltschaft Verden)
• Poland: National Police Cybercrime Bureau (Biuro do Walki z Cyber-przestępczością)

Issue related to DDoS Attacks

DDoS booter services have effectively lowered the entry barrier into cybercrime: for a fee as low as EUR 10, any low-skilled individual can launch DDoS attacks with the click of a button, knocking offline whole websites and networks by barraging them with traffic.  The damage they can do to victims can be considerable, crippling businesses financially and depriving people of essential services offered by banks, government institutions, and police forces. Emboldened by perceived anonymity, many young IT enthusiasts get involved in this seemingly low-level crime, unaware of the consequences that such online activities can carry. The influence of toolkits available on the dark net has made it easier for criminals to commit such crimes and at times even get away with it as well.

‍Recent examples of DDoS Attacks

• In February 2020, Amazon Web Services (AWS) suffered a DDoS attack sophisticated enough to keep its incident response teams occupied for several days also affecting customers worldwide.
• In February 2021, the EXMO Cryptocurrency exchange fell victim to a DDoS attack that rendered the organization inoperable for almost five hours.
• Recently, Australia experienced a significant, sustained, state-sponsored DDoS attack.
• Belgium also became a victim of a DDoS attack that targeted the country’s parliament, police services, and universities.

DDoS vs. DoS Attacks: What’s the Difference?

It’s important to avoid confusing a DDoS (distributed denial of service) attack with a DoS (denial of service) attack. Although only one word separates the two, these attacks vary significantly in nature.

• Strictly defined, a typical DDoS attack manipulates many distributed network devices between the attacker and the victim into waging an unwitting attack, exploiting legitimate behavior.
• A traditional DoS attack doesn’t use multiple, distributed devices, nor does it focus on devices between the attacker and the organization. These attacks also tend not to use multiple internet devices.

Conclusion

In this era of cyberspace, it is of paramount importance to maintain digital safety and security equivalent to physical safety, the cybercriminals will not stop at anything and can stoop to any level to target netizens and critical infrastructures in order to commit ransomware and malware attacks. As we can see DDoS-ing is taken seriously by law enforcement, at all levels of users, and are on the radar of law enforcement, be it a gamer booting out the competition out of a video game, or a high-level hacker carrying out DDoS attacks against commercial targets for financial gain.

Introduction

Union Minister of State for Electronics and IT, Rajeev Chandrasekhar, announced that rules for the Digital Personal Data Protection (DPDP) Act are expected to be released by the end of January. The rules will be subject to a month-long consultation process, but their notification may be delayed until after the general elections in April-May 2024. Chandrasekhar mentioned changes to the current IT regulations would be made in the next few days to address the problem of deepfakes on social networking sites.

The government has observed a varied response from platforms regarding advisory measures on deepfakes, leading to the decision to enforce more specific rules. During the Digital India Dialogue, platforms were made aware of existing provisions and the consequences of non-compliance. An advisory was issued, and new amended IT rules will be released if satisfaction with compliance is not achieved.

When Sachin Tendulkar reported a deepfake on a site where he was seen endorsing a gaming application, it raised concerns about the exploitation of deepfakes. Tendulkar urged the reporting of such incidents and underlined the need for social media companies to be watchful, receptive to grievances, and quick to address disinformation and deepfakes.

The DPDP Act, 2023

The Digital Personal Data Protection Act (DPDP) 2023 is a brand-new framework for digital personal data protection that aims to protect individuals' digital personal data. The act ensures compliance by the platforms collecting personal data. The act aims to provide consent-based data collection techniques. DPDP Act 2023 is an important step toward protecting individual privacy. The Act, which requires express consent for the acquisition, administration, and processing of personal data, seeks to guarantee that organisations follow the stated objective for which user consent was granted. This proactive strategy coincides with global data protection trends and demonstrates India's commitment to safeguarding user information in the digital era.

Amendments to IT rules

Minister Chandrasekhar declared that existing IT regulations would be amended in order to combat the rising problem of deepfakes and disinformation on social media platforms. These adjustments, which will be published over the next few days, are primarily aimed at countering widespread of false information and deepfake. The decision follows a range of responses from platforms to deepfake recommendations made during Digital India Dialogues.

The government's stance: blocking non-compliant platforms

Minister Chandrasekhar reaffirmed the government's commitment to enforcing the updated guidelines. If platforms fail to follow compliance, the government may consider banning them. This severe position demonstrates the government's commitment to safeguarding Indian residents from the possible harm caused by false information.

Empowering Users with Education and Awareness

In addition to the upcoming DPDP Act Rules/recommendations and IT regulation changes, the government recognises the critical role that user education plays in establishing a robust digital environment. Minister Rajeev Chandrasekhar emphasised the necessity for comprehensive awareness programs to educate individuals about their digital rights and the need to protect personal information.

These instructional programs seek to equip users to make informed decisions about giving consent to their data. By developing a culture of digital literacy, the government hopes to guarantee that citizens have the information to safeguard themselves in an increasingly linked digital environment.

Balancing Innovation with User Protection

As India continues to explore its digital frontier, the junction of technology innovation and user safety remains a difficult balance. The upcoming Rules on the DPDP Act and modifications to existing IT rules represent the government's proactive efforts to build a strong framework that supports innovation while protecting user privacy and combating disinformation. Recognising the changing nature of the digital world, the government is actively participating in continuing discussions with stakeholders such as industry professionals, academia, and civil society. These conversations promote a collaborative approach to policy creation, ensuring that legislation is adaptable to the changing nature of cyber risks and technology breakthroughs. Such inclusive talks demonstrate the government's dedication to transparent and participatory governance, in which many viewpoints contribute to the creation of effective and nuanced policy. These advances reflect an important milestone in India's digital journey, as the country prepares to set a good example by creating responsible and safe digital ecosystems for its residents.

Reference : 

• https://economictimes.indiatimes.com/tech/technology/govt-may-release-personal-data-bill-rules-in-a-fortnight/articleshow/106162669.cms?from=mdr
• https://www.business-standard.com/india-news/dpdp-rules-expected-to-be-released-by-end-of-the-month-mos-chandrasekhar-124011600679_1.html 

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