Digital Deception: Navigating the Rise of Deepfake Technology
Introduction
AI-generated fake videos are proliferating on the Internet indeed becoming more common by the day. There is a use of sophisticated AI algorithms that help manipulate or generate multimedia content such as videos, audio, and images. As a result, it has become increasingly difficult to differentiate between genuine, altered, or fake content, and these AI-manipulated videos look realistic. A recent study has shown that 98% of deepfake-generated videos have adult content featuring young girls, women, and children, with India ranking 6th among the nations that suffer from misuse of deepfake technology. This practice has dangerous consequences and could harm an individual's reputation, and criminals could use this technology to create a false narrative about a candidate or a political party during elections.
The working of deepfake videos is based on algorithms that refine the fake content, and the generators are built and trained in such a way as to get the desired output. The process is repeated several times, allowing the generator to improve the content until it seems realistic, making it more flawless. Deepfake videos are created by specific approaches some of them are: -
- Lip syncing: This is the most common technique used in deepfake. Here, the voice recordings of the video, make it appear as to what was originally said by the person appearing in the video.
- Audio deepfake: For Audio-generated deepfake, a generative adversarial network (GAN) is used to colon a person’s voice, based on the vocal patterns and refine it till the desired output is generated.
- Deepfake has become so serious that the technology could be used by bad actors or by cyber-terrorist squads to set their Geo-political agendas. Looking at the present situation in the past few the number of cases has just doubled, targeting children, women and popular faces.
- Greater Risk: in the last few years the cases of deep fake have risen. by the end of the year 2022, the number of cases has risen to 96% against women and children according to a survey.
- Every 60 seconds, a deepfake pornographic video is created, now quicker and more affordable than ever, it takes less than 25 minutes and costs using just one clean face image.
- The connection to deepfakes is that people can become targets of "revenge porn" without the publisher having sexually explicit photographs or films of the victim. They may be made using any number of random pictures or images collected from the internet to obtain the same result. This means that almost everyone who has taken a selfie or shared a photograph of oneself online faces the possibility of a deepfake being constructed in their image.
Deepfake-related security concerns
As deepfakes proliferate, more people are realising that they can be used not only to create non-consensual porn but also as part of disinformation and fake news campaigns with the potential to sway elections and rekindle frozen or low-intensity conflicts.
Deepfakes have three security implications: at the international level, strategic deepfakes have the potential to destroy precarious peace; at the national level, deepfakes may be used to unduly influence elections, and the political process, or discredit opposition, which is a national security concern, and at the personal level, the scope for using Women suffer disproportionately from exposure to sexually explicit content as compared to males, and they are more frequently threatened.
Policy Consideration
Looking at the present situation where the cases of deepfake are on the rise against women and children, the policymakers need to be aware that deepfakes are utilized for a variety of valid objectives, including artistic and satirical works, which policymakers should be aware of. Therefore, simply banning deepfakes is not a way consistent with fundamental liberties. One conceivable legislative option is to require a content warning or disclaimer. Deepfake is an advanced technology and misuse of deepfake technology is a crime.
What are the existing rules to combat deepfakes?
It's worth noting that both the IT Act of 2000 and the IT Rules of 2021 require social media intermediaries to remove deep-fake videos or images as soon as feasible. Failure to follow these guidelines can result in up to three years in jail and a Rs 1 lakh fine. Rule 3(1)(b)(vii) requires social media intermediaries to guarantee that its users do not host content that impersonates another person, and Rule 3(2)(b) requires such content to be withdrawn within 24 hours of receiving a complaint. Furthermore, the government has stipulated that any post must be removed within 36 hours of being published online. Recently government has also issued an advisory to social media intermediaries to identify misinformation and deepfakes.
Conclusion
It is important to foster ethical and responsible consumption of technology. This can only be achieved by creating standards for both the creators and users, educating individuals about content limits, and providing information. Internet-based platforms should also devise techniques to deter the uploading of inappropriate information. We can reduce the negative and misleading impacts of deepfakes by collaborating and ensuring technology can be used in a better manner.
References
- https://timesofindia.indiatimes.com/life-style/parenting/moments/how-social-media-scandals-like-deepfake-impact-minors-and-students-mental-health/articleshow/105168380.cms?from=mdr
- https://www.aa.com.tr/en/science-technology/deepfake-technology-putting-children-at-risk-say-experts/2980880
- https://wiisglobal.org/deepfakes-as-a-security-issue-why-gender-matters/
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/
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
Introduction
Human Trafficking has been a significant concern and threat to society for a very long time. The aspects of our physical safety also have been influenced by human traffickers and the modus operandi they have adopted and deployed over the years. We are always cautious of younger children in regard to trafficking whenever we go out to crowded or unknown places. This concern and threat have also migrated to cyberspace and now pose new and different tangents of threats. These crimes are committed using technology and are further substantiated by different cybercrimes.
What is Cyber-Enabled Human Trafficking?
Cyber-enabled human trafficking is the new evolution of human trafficking in the digital age. Bad actors lure the victims via the internet and use social engineering to exploit their vulnerabilities to get them into their traps. In today's time, crime is often substantiated in lieu of fake job offers and a better lifestyle in new and major metropolitan cities. Now this crime has gone beyond the geographical boundaries of our nation, and often the victims end up in remote locations in the Middle East or South East Asia.
Cybercrime Hubs in Myanmar
The reports have indicated that a lot of trafficked victims are taken down to various cybercrime hubs in Myanmar. The victims are often lured on the pretext of job offers overseas, which pay handsomely. The victims make their way into the foreign nation but are then cornered by the bad actors and are segregated and taken into different hubs. The victims are often school graduates and seek basic jobs for their earnings. The victims are taken into Cybercrime hubs which Chinese syndicate criminals allegedly run.The victims are kept in tough conditions, beaten up, and held captive in remote jungles. Once the victim has lost hope, the criminals train them to commit cyber frauds like phishing. The victims are given scripts and mobile numbers to commit cybercrimes. The victims are given targets to ensure their survival, and due to the dark and threatening conditions, the victims just give up on the demands just to remain alive. Some of the victims make their way back home as well, but that is after 6-7 years of such constant torture and abuse to commit cybercrimes. The majority of such survivors face trouble seeking legal assistance as the criminals are almost impossible to track, thus making redressal for crimes and rehabilitation for survivors tough.
How to stay safe?
The criminals in such acts often target the vulnerable sector of the population, these people generally hail from tier 3 towns and rural areas. These victims aspire for a better life and earning opportunities, and due to less education and minimal awareness, they fail to see the traps set by the victims. The population at large can deploy the following measures and safe practices to avoid such horrific threats-
- Avoid Stranger interaction: Avoid interacting with strangers on any online platform or portal. Social media sites are the most used platforms by bad actors to make contact with potential victims.
- Do not Share: Avoid sharing any personal information with anyone online, and avoid filling out third-party surveys/forms seeking personal information.
- Check, Check and Recheck: Always be on alert for threats and always check and cross-check any link or platform you use or access.
- Too good to be true: If something feels like Too good to be true, it probably is and hence avoid falling for attractive job offers and work-from-home opportunities on social media platforms.
- Know your helplines: One should know the helpline numbers to make sure to exercise the reporting duty and also encourage your family members to report in case of any threat or issue.
- Raise Awareness: It is the duty of all netizens to raise awareness in society to arm more people against cybercrimes and fraud.
Conclusion
The name of cybercriminals is spreading all across the ecosystems, and now the technology is being deployed by such bad actors to even substantiate physical crimes. We need to be on alert and remain aware of such crimes and the modus Operandi of cyber criminals. Awareness and education are our best weapons to combat the threats and issues of cyber-enabled human trafficking, as the criminals feed on our vulnerabilities, lets eradicate them for once and for all and work towards creating a wholesome safe cyber ecosystem for all.https://www.scmp.com/week-asia/politics/article/3228543/inside-chinese-run-crime-hubs-myanmar-are-conning-world-we-can-kill-you-here
