DPDP Bill 2023 A Comparative Analysis

Introduction

The Senate bill introduced on 19 March 2024 in the United States would require online platforms to obtain consumer consent before using their data for Artificial Intelligence (AI) model training. If a company fails to obtain this consent, it would be considered a deceptive or unfair practice and result in enforcement action from the Federal Trade Commission (FTC) under the AI consumer opt-in, notification standards, and ethical norms for training (AI Consent) bill. The legislation aims to strengthen consumer protection and give Americans the power to determine how their data is used by online platforms. 

The proposed bill also seeks to create standards for disclosures, including requiring platforms to provide instructions to consumers on how they can affirm or rescind their consent. The option to grant or revoke consent should be made available at any time through an accessible and easily navigable mechanism, and the selection to withhold or reverse consent must be at least as prominent as the option to accept while taking the same number of steps or fewer as the option to accept.

The AI Consent bill directs the FTC to implement regulations to improve transparency by requiring companies to disclose when the data of individuals will be used to train AI and receive consumer opt-in to this use. 
The bill also commissions an FTC report on the technical feasibility of de-identifying data, given the rapid advancements in AI technologies, evaluating potential measures companies could take to effectively de-identify user data.

The definition of ‘Artificial Intelligence System’ under the proposed bill

ARTIFICIALINTELLIGENCE SYSTEM- The term artificial intelligence system“ means a machine-based system that—

1. Is capable of influencing the environment by producing an output, including predictions, recommendations or decisions, for a given set of objectives; and
2. 2. Uses machine or human-based data and inputs to

(i) Perceive real or virtual environments;

(ii) Abstract these perceptions into models through analysis in an automated manner (such as by using machine learning) or manually; and

(iii) Use model inference to formulate options for outcomes.

Importance of the proposed AI Consent Bill USA

1. Consumer Data Protection: The AI Consent bill primarily upholds the privacy rights of an individual. Consent is necessitated from the consumer before data is used for AI Training; the bill aims to empower individuals with unhinged autonomy over the use of personal information. The scope of the bill aligns with the greater objective of data protection laws globally, stressing the criticality of privacy rights and autonomy.

2. Prohibition Measures: The proposed bill intends to prohibit covered entities from exploiting the data of consumers for training purposes without their consent. This prohibition extends to the sale of data, transfer to third parties and usage. Such measures aim to prevent data misuse and exploitation of personal information. The bill aims to ensure companies are leveraged by consumer information for the development of AI without a transparent process of consent.

3. Transparent Consent Procedures: The bill calls for clear and conspicuous disclosures to be provided by the companies for the intended use of consumer data for AI training. The entities must provide a comprehensive explanation of data processing and its implications for consumers. The transparency fostered by the proposed bill allows consumers to make sound decisions about their data and its management, hence nurturing a sense of accountability and trust in data-driven practices.

4. Regulatory Compliance: The bill's guidelines call for strict requirements for procuring the consent of an individual. The entities must follow a prescribed mechanism for content solicitation, making the process streamlined and accessible for consumers. Moreover, the acquisition of content must be independent, i.e. without terms of service and other contractual obligations. These provisions underscore the importance of active and informed consent in data processing activities, reinforcing the principles of data protection and privacy.

5. Enforcement and Oversight: To enforce compliance with the provisions of the bill, robust mechanisms for oversight and enforcement are established. Violations of the prescribed regulations are treated as unfair or deceptive acts under its provisions. Empowering regulatory bodies like the FTC to ensure adherence to data privacy standards. By holding covered entities accountable for compliance, the bill fosters a culture of accountability and responsibility in data handling practices, thereby enhancing consumer trust and confidence in the digital ecosystem.

Importance of Data Anonymization

Data Anonymization is the process of concealing or removing personal or private information from the data set to safeguard the privacy of the individual associated with it. Anonymised data is a sort of information sanitisation in which data anonymisation techniques encrypt or delete personally identifying information from datasets to protect data privacy of the subject. This reduces the danger of unintentional exposure during information transfer across borders and allows for easier assessment and analytics after anonymisation. When personal information is compromised, the organisation suffers not just a security breach but also a breach of confidence from the client or consumer. Such assaults can result in a wide range of privacy infractions, including breach of contract, discrimination, and identity theft.

The AI consent bill asks the FTC to study data de-identification methods. Data anonymisation is critical to improving privacy protection since it reduces the danger of re-identification and unauthorised access to personal information. Regulatory bodies can increase privacy safeguards and reduce privacy risks connected with data processing operations by investigating and perhaps implementing anonymisation procedures.

The AI consent bill emphasises de-identification methods, as well as the DPDP Act 2023 in India, while not specifically talking about data de-identification, but it emphasises the data minimisation principles, which highlights the potential future focus on data anonymisation processes or techniques in India.

Conclusion

The proposed AI Consent bill in the US represents a significant step towards enhancing consumer privacy rights and data protection in the context of AI development. Through its stringent prohibitions, transparent consent procedures, regulatory compliance measures, and robust enforcement mechanisms, the bill strives to strike a balance between fostering innovation in AI technologies while safeguarding the privacy and autonomy of individuals.

References:

• https://fedscoop.com/consumer-data-consent-training-ai-models-senate-bill/#:~:text=%E2%80%9CThe%20AI%20CONSENT%20Act%20gives,Welch%20said%20in%20a%20statement
• https://www.dataguidance.com/news/usa-bill-ai-consent-act-introduced-house#:~:text=USA%3A%20Bill%20for%20the%20AI%20Consent%20Act%20introduced%20to%20House%20of%20Representatives,-ConsentPrivacy%20Law&text=On%20March%2019%2C%202024%2C%20US,the%20U.S.%20House%20of%20Representatives
• https://datenrecht.ch/en/usa-ai-consent-act-vorgeschlagen/
• https://www.lujan.senate.gov/newsroom/press-releases/lujan-welch-introduce-billto-require-online-platforms-receive-consumers-consent-before-using-their-personal-data-to-train-ai-models/

‍

Introduction

Bumble’s launch of its ‘Opening Move’ feature has sparked a new narrative on safety and privacy within the digital dating sphere and has garnered mixed reactions from users. It was launched against the backdrop of women stating that the ‘message first’ policy of Bumble was proving to be tedious. Addressing the large-scale review, Bumble launched its ‘Opening Move’ feature, whereby users can either craft or select from pre-set questions which potential matches may choose to answer to start the conversation at first glance. These questions are a segue into meaningful and insightful conversation from the get-go and overstep the traditional effort to start engaging chats between matched users. This feature is an optional feature that users may enable and as such does not prevent a user from exercising the autonomy previously in place.

Innovative Approach to Conversation Starters

Many users consider this feature as innovative; not only does it act as a catalyst for fluid conversation but also cultivates insightful dialogue, fostering meaningful interactions that are devoid of the constraint of superficial small talk. The ‘Opening Moves’ feature may also be aligned with unique scientific research indicating that individuals form their initial attractions within 3-seconds of intimate interaction, thereby proving to be a catalyst to the decision-making process of an individual in the attraction time frame. 

Organizational Benefits and Data Insights

From an organisational standpoint, the feature is a unique solution towards localisation challenges faced by apps; the option of writing a personalised ‘Opening Move’ implies setting prompts that are culturally relevant and appropriate in a specific area. Moreover, it is anticipated that Bumble may enhance and improve user experience within the platform through data analysis. Data from responses to an ‘Opening Move’ may provide valuable insights into user preferences and patterns by analysing which pre-set prompts garner more responses over others and how often is a user-written ‘Opening Move’ successful in obtaining a response in comparison with Bumble’s pre-set prompts. A quick glance at Bumble’s privacy policy[1] shows that data storing and transferring of chats between users are not shared with third parties, further safeguarding personal privacy. However,  Bumble does use the chat data for its own internal purposes after removing personally identifiable information from chats. The manner of such review and removal of data has not been specified, which may raise challenges depending upon whether the reviewer is a human or an algorithm.

However, some users perceive the feature as counterproductive to the company’s principle of ‘women make the first move’. While Bumble aims to market the feature as a neutral ground for matched users based on the exercise of choice, users see it as a step back into the heteronormative gender expectations that most dating apps conform to, putting the onus of the ‘first move’ on men. Many male users have complained that the feature acts as a catalyst for men to opt out of the dating app and would most likely refrain from interacting with profiles enabled with the ‘Opening Move’ feature, since the pressure to answer in a creative manner is disproportionate with the likelihood their response actually being entertained.[2] Coupled with the female users terming the original protocol as ‘too much effort’, the preset questions of the ‘Opening Move’ feature may actively invite users to categorise potential matches according to arbitrary questions that undermine real-life experiences, perspectives and backgrounds of each individual.[3]

Additionally, complications are likely to arise when a notorious user sets a question that indirectly gleans personal or sensitive, identifiable information. The individual responding may be bullied or be subjected to hateful slurs when they respond to such carefully crafted conversation prompts.

Safety and Privacy Concerns

On the corollary, the appearance of choice may translate into more challenges for women on the platform. The feature may spark an increase in the number of unsolicited, undesirable messages and images from a potential match. The most vulnerable groups at present remain individuals who identify as females and other sexual minorities.[4] At present, there appears to be no mechanism in place to proactively monitor the content of responses, relying instead on user reporting. This approach may prove to be impractical given the potential volume of objectionable messages, necessitating a more efficient solution to address this issue. It is to be noted that in spite of a user reporting, the current redressal systems of online platforms remain lax, largely inadequate and demonstrate ineffectiveness in addressing user concerns or grievances. This lack of proactiveness is violative of the right to redressal provided under the Digital Personal Data Protection Act, 2023. It is thought that the feature may actually take away user autonomy that Bumble originally aimed to grant since Individuals who identify as introverted, shy, soft-spoken, or non-assertive may refrain from reporting harassing messages altogether, potentially due to discomfort or reluctance to engage in confrontation. Resultantly, it is anticipated that there would be a sharp uptake in cases pertaining to cyberbullying, harassment and hate speech (especially vulgar communications) towards both the user and the potential match. 

From an Indian legal perspective, dating apps have to adhere to the Information Technology Act, 2000 [5], the Information Technology (Intermediary and Digital Media Ethics) Rules 2021 [6] and the Digital Personal Data Protection Act, 2023, that regulates a person’s digital privacy and set standards on the kind of content an intermediary may host. An obligation is cast upon an intermediary to uprise its users on what content is not allowed on its platform in addition to mandating intimation of the user’s digital rights. The lack of automated checks, as mentioned above, is likely to make Bumble non-compliant with the ethical guidelines. 

The optional nature of the ‘Opening Move’ grants users some autonomy. However, some technical updates may enhance the user experience of this feature. Technologies like AI are an effective aid in behavioural and predictive analysis. An upgraded ‘matching’ algorithm can analyse the number of un-matches a profile receives, thereby identifying and flagging a profile having multiple lapsed matches. Additionally, the design interface of the application bearing a filter option to filter out flagged profiles would enable a user to be cautious while navigating through the matches. Another possible method of weeding out notorious profiles is by deploying a peer-review system of profiles whereby a user has a singular check-box that enables them to flag a profile. Such a checkbox would ideally be devoid of any option for writing personal comments and would bear a check box stating whether the profile is most or least likely to bully/harass. This would ensure that a binary, precise response is recorded and any coloured remarks are avoided. [7]

Governance and Monitoring Mechanisms

From a governance point of view, a monitoring mechanism on the manner of crafting questions is critical. Systems should be designed to detect certain words/sentences and a specific manner of framing sentences to disallow questions contrary to the national legal framework. An onscreen notification having instructions on generally acceptable manner of conversations as a reminder to users to maintain cyber hygiene while conversing is also proposed as a mandated requirement for platforms. The notification/notice may also include guidelines on what information is safe to share in order to safeguard user privacy. Lastly, a revised privacy policy should establish the legal basis for processing responses to ‘Opening Moves’, thereby bringing it in compliance with national legislations such as the Digital Personal Data Protection Act, 2023.

Conclusion

Bumble's 'Opening Move' feature marks the company’s ‘statement’ step to address user concerns regarding initiating conversations on the platform. While it has been praised for fostering more meaningful interactions, it also raises not only ethical concerns but also concerns over user safety. While the 'Opening Move' feature can potentially enhance user experience, its success is largely dependent on Bumble's ability to effectively navigate the complex issues associated with this feature. A more robust monitoring mechanism that utilises newer technology is critical to address user concerns and to ensure compliance with national laws on data privacy.

Endnotes:

• [1] Bumble’s privacy policy https://bumble.com/en-us/privacy  
• [2] Discussion thread, r/bumble, Reddit https://www.reddit.com/r/Bumble/comments/1cgrs0d/women_on_bumble_no_longer_have_to_make_the_first/?share_id=idm6DK7e0lgkD7ZQ2TiTq&utm_content=2&utm_medium=ios_app&utm_name=ioscss&utm_source=share&utm_term=1&rdt=65068 
• [3] Mcrea-Hedley, Olivia, “Love on the Apps: When did Dating Become so Political?”, 8 February 2024 https://www.service95.com/the-politics-of-dating-apps/ 
• [4] Gewirtz-Meydan, A., Volman-Pampanel, D., Opuda, E., & Tarshish, N. (2024). ‘Dating Apps: A New Emerging Platform for Sexual Harassment? A Scoping Review. Trauma, Violence, & Abuse, 25(1), 752-763. https://doi.org/10.1177/15248380231162969 
• [5]  Information Technology Act, 2000 https://www.indiacode.nic.in/bitstream/123456789/13116/1/it_act_2000_updated.pdf 
• [6]  Information Technology (Intermediary Guidelines and Digital Media Ethics) Rules 2021 https://www.meity.gov.in/writereaddata/files/Information%20Technology%20%28Intermediary%20Guidelines%20and%20Digital%20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf 
• [7]  Date Confidently: Engaging Features in a Dating App (Use Cases), Consaguous, 10 July 2023 https://www.consagous.co/blog/date-confidently-engaging-features-in-a-dating-app-use-cases  

‍

Introduction

Recently the Indian Government banned the import of Laptops and tablets in India under the computers of HSN 8471. According to the notification of the government, Directorate General of foreign trade, there will be restrictions on the import of Laptops, tablets, and other electronic items from 1^st November 2023. The government advised the Domestic companies to apply for the license within three months. As the process is simple, and many local companies have already applied for the license. The government will require a valid license for the import of laptops and other electronic items.

The Government imposed restrictions on the Import of Laptops & other electronic products

The DGFT (The directorate General of foreign trade) imposed restrictions on the import of electronic items in India. And, there has been the final date has also been given that the companies only have 3 months to apply for a valid license, from November 1^st 2023there will be a requirement for a valid license for the import, and there will be a proper ban on the import of laptops & tablets, and other electronic items. The ban is on the HSN-8471. These are the products that indicate that they are taxable. It is a classification code to identify the taxable items. India has sufficient capacity and capability to manufacture their own IT hardware devices and boost production.

The government has notified production linked incentive, PLI Scheme 2.0, for the IT devices, which will soon be disclosed, and the scheme is expected to lead to a total of 29 thousand crore rupees worth of IT hardware nearly. And this will create future job opportunities in the five to six years.

The pros & cons of the import

Banning import has two sides. The positive one is that, it will promote the domestic manufacturers, local companies will able to grow, and there will be job opportunities, but if we talk about the negative side of the import, then the prices will be high for the consumers. One aspect is making India’s digital infrastructure stable, and the other side is affecting consumers.

Reasons Behind the ban on the Import of electronic items

There are the following reasons behind the ban on the Import of laptops and tablets,

• The primary reason why the government banned the import of laptops and other electronic items is because of security concerns about the data. And to prevent data theft a step has been taken by the Government.
• The banning will help the domestic manufacturer to grow and will provide opportunities to the local companies in India.
• It will help in the creation of Job vacancies in the country.
• There will be a curb down of selling of Chinese products.

The government will promote the digital infrastructure of India by putting a ban on imports. Such as there are domestic companies like Reliance recently launched a laptop by the name of Jio Book, and there is a company that sells the cheapest tablet called Aakash, so the import ban will promote these types of electronic items of the local companies. This step will soon result in digital advancement in India.

Conclusion

The laptop, tablets, and other electronic products that have been banned in India will make a substantial move with the implications. The objective of the ban is to encourage domestic manufacturing and to secure the data, however, it will also affect the consumers which can not be ignored. The other future effects are yet to be seen. But the one scenario is clear, that the policy will significantly make a change in India’s Technology industry.