Draft Digital Competition Bill, 2024
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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- https://www.medianama.com/wp-content/uploads/2024/03/DRAFT-DIGITAL-COMPETITION-BILL-2024.pdf
- https://prsindia.org/files/policy/policy_committee_reports/Report_Summary-Digital_Competition_Law.pdf
- https://economictimes.indiatimes.com/tech/startups/meity-meets-india-inc-to-hear-out-digital-competition-law-concerns/articleshow/111091837.cms?from=mdr
- https://www.mca.gov.in/bin/dms/getdocument?mds=gzGtvSkE3zIVhAuBe2pbow%253D%253D&type=open
- https://www.barandbench.com/law-firms/view-point/digital-competition-laws-beginning-of-a-new-era
- https://www.linkedin.com/pulse/policy-explainer-digital-competition-bill-nimisha-srivastava-lhltc/
- https://www.lexology.com/library/detail.aspx?g=5722a078-1839-4ece-aec9-49336ff53b6c
Related Blogs
A Foray into the Digital Labyrinth
In our digital age, the silhouette of truth is often obfuscated by a fog of technological prowess and cunning deception. With each passing moment, the digital expanse sprawls wider, and within it, synthetic media, known most infamously as 'deepfakes', emerge like phantoms from the machine. These adept forgeries, melding authenticity with fabrication, represent a new frontier in the malleable narrative of understood reality. Grappling with the specter of such virtual deceit, social media behemoths Facebook and YouTube have embarked on a prodigious quest. Their mission? To formulate robust bulwarks around the sanctity of fact and fiction, all the while fostering seamless communication across channels that billions consider an inextricable part of their daily lives.
In an exploration of this digital fortress besieged by illusion, we unpeel the layers of strategy that Facebook and YouTube have unfurled in their bid to stymie the proliferation of these insidious technical marvels. Though each platform approaches the issue through markedly different prisms, a shared undercurrent of necessity and urgency harmonizes their efforts.
The Detailing of Facebook's Strategic
Facebook's encampment against these modern-day chimaeras teems with algorithmic sentinels and human overseers alike—a union of steel and soul. The company’s layer upon layer of sophisticated artificial intelligence is designed to scrupulously survey, identify, and flag potential deepfake content with a precision that borders on the prophetic. Employing advanced AI systems, Facebook endeavours to preempt the chaos sown by manipulated media by detecting even the slightest signs of digital tampering.
However, in an expression of profound acumen, Facebook also serves reminder of AI's fallibility by entwining human discernment into its fabric. Each flagged video wages its battle for existence within the realm of these custodians of reality—individuals entrusted with the hefty responsibility of parsing truth from technologically enabled fiction.
Facebook does not rest on the laurels of established defense mechanisms. The platform is in a perpetual state of flux, with policies and AI models adapting to the serpentine nature of the digital threat landscape. By fostering its cyclical metamorphosis, Facebook not only sharpens its detection tools but also weaves a more resilient protective web, one capable of absorbing the shockwaves of an evolving battlefield.
YouTube’s Overture of Transparency and the Exposition of AI
Turning to the amphitheatre of YouTube, the stage is set for an overt commitment to candour. Against the stark backdrop of deepfake dilemmas, YouTube demands the unveiling of the strings that guide the puppets, insisting on full disclosure whenever AI's invisible hands sculpt the content that engages its diverse viewership.
YouTube's doctrine is straightforward: creators must lift the curtains and reveal any artificial manipulation's role behind the scenes. With clarity as its vanguard, this requirement is not just procedural but an ethical invocation to showcase veracity—a beacon to guide viewers through the murky waters of potential deceit.
The iron fist within the velvet glove of YouTube's policy manifests through a graded punitive protocol. Should a creator falter in disclosing the machine's influence, repercussions follow, ensuring that the ecosystem remains vigilant against hidden manipulation.
But YouTube's policy is one that distinguishes between malevolence and benign use. Artistic endeavours, satirical commentary, and other legitimate expositions are spared the policy's wrath, provided they adhere to the overarching principle of transparency.
The Symbiosis of Technology and Policy in a Morphing Domain
YouTube's commitment to refining its coordination between human insight and computerized examination is unwavering. As AI's role in both the generation and moderation of content deepens, YouTube—which, like a skilled cartographer, must redraw its policies increasingly—traverses this ever-mutating landscape with a proactive stance.
In a Comparative Light: Tracing the Convergence of Giants
Although Facebook and YouTube choreograph their steps to different rhythms, together they compose an intricate dance aimed at nurturing trust and authenticity. Facebook leans into the proactive might of their AI algorithms, reinforced by updates and human interjection, while YouTube wields the virtue of transparency as its sword, cutting through masquerades and empowering its users to partake in storylines that are continually rewritten.
Together on the Stage of Our Digital Epoch
The sum of Facebook and YouTube's policies is integral to the pastiche of our digital experience, a multifarious quilt shielding the sanctum of factuality from the interloping specters of deception. As humanity treads the line between the veracious and the fantastic, these platforms stand as vigilant sentinels, guiding us in our pursuit of an old-age treasure within our novel digital bazaar—the treasure of truth. In this labyrinthine quest, it is not merely about unmasking deceivers but nurturing a wisdom that appreciates the shimmering possibilities—and inherent risks—of our evolving connection with the machine.
Conclusion
The struggle against deepfakes is a complex, many-headed challenge that will necessitate a united front spanning technologists, lawmakers, and the public. In this digital epoch, where the veneer of authenticity is perilously thin, the valiant endeavours of these tech goliaths serve as a lighthouse in a storm-tossed sea. These efforts echo the importance of evergreen vigilance in discerning truth from artfully crafted deception.
References
- https://about.fb.com/news/2020/01/enforcing-against-manipulated-media/
- https://indianexpress.com/article/technology/artificial-intelligence/google-sheds-light-on-how-its-fighting-deep-fakes-and-ai-generated-misinformation-in-india-9047211/
- https://techcrunch.com/2023/11/14/youtube-adapts-its-policies-for-the-coming-surge-of-ai-videos/
- https://www.trendmicro.com/vinfo/us/security/news/cybercrime-and-digital-threats/youtube-twitter-hunt-down-deepfakes
Executive Summary:
A viral image circulating on social media claims it to be a natural optical illusion from Epirus, Greece. However, upon fact-checking, it was found that the image is an AI-generated artwork created by Iranian artist Hamidreza Edalatnia using the Stable Diffusion AI tool. CyberPeace Research Team found it through reverse image search and analysis with an AI content detection tool named HIVE Detection, which indicated a 100% likelihood of AI generation. The claim of the image being a natural phenomenon from Epirus, Greece, is false, as no evidence of such optical illusions in the region was found.
Claims:
The viral image circulating on social media depicts a natural optical illusion from Epirus, Greece. Users share on X (formerly known as Twitter), YouTube Video, and Facebook. It’s spreading very fast across Social Media.
Similar Posts:
Fact Check:
Upon receiving the Posts, the CyberPeace Research Team first checked for any Synthetic Media detection, and the Hive AI Detection tool found it to be 100% AI generated, which is proof that the Image is AI Generated. Then, we checked for the source of the image and did a reverse image search for it. We landed on similar Posts from where an Instagram account is linked, and the account of similar visuals was made by the creator named hamidreza.edalatnia. The account we landed posted a photo of similar types of visuals.
We searched for the viral image in his account, and it was confirmed that the viral image was created by this person.
The Photo was posted on 10th December, 2023 and he mentioned using AI Stable Diffusion the image was generated . Hence, the Claim made in the Viral image of the optical illusion from Epirus, Greece is Misleading.
Conclusion:
The image claiming to show a natural optical illusion in Epirus, Greece, is not genuine, and it's False. It is an artificial artwork created by Hamidreza Edalatnia, an artist from Iran, using the artificial intelligence tool Stable Diffusion. Hence the claim is false.
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Introduction
In the intricate maze of our interconnected world, an unseen adversary conducts its operations with a stealth almost poetic in its sinister intent. This adversary — malware — has extended its tendrils into the digital sanctuaries of Mac users, long perceived as immune to such invasive threats. Our narrative today does not deal with the physical and tangible frontlines we are accustomed to; this is a modern tale of espionage, nestled in the zeros and ones of cyberspace.
The Mac platform, cradled within the fortifications of Apple's walled garden ecosystem, has stood as a beacon of resilience amidst the relentless onslaught of cyber threats. However, this sense of imperviousness has been shaken at its core, heralding a paradigm shift. A new threat lies in wait, bridging the gap between perceived security and uncomfortable vulnerability.
The seemingly invincible Mac OS X, long heralded for its robust security features and impervious resilience to virus attacks, faces an undercurrent of siege tactics from hackers driven by a relentless pursuit for control. This narrative is not about the front-and-centre warfare we see so often reported in media headlines. Instead, it veils itself within the actions of users as benign as the download of pirated software from the murky depths of warez websites.
The Incident
The casual act, born out of innocence or economic necessity, to sidestep the financial requisites of licensed software, has become the unwitting point of compromised security. Users find themselves on the battlefield, one that overshadows the significance of its physical counterpart with its capacity for surreptitious harm. The Mac's seeming invulnerability is its Achilles' heel, as the wariness against potential threats has been eroded by the myth of its impregnability.
The architecture of this silent assault is not one of brute force but of guile. Cyber marauders finesse their way through the defenses with a diversified arsenal; pirated content is but a smokescreen behind which trojans lie in ambush. The very appeal of free access to premium applications is turned against the user, opening a rift that permits these malevolent forces to ingress.
The trojans that permeate the defenses of the Mac ecosystem are architects of chaos. They surreptitiously enrol devices into armies of sorts – botnets which, unbeknownst to their hosts, become conduits for wider assaults on privacy and security. These machines, now soldiers in an unconsented war, are puppeteered to distribute further malware, carry out phishing tactics, and breach the sanctity of secure data.
The Trojan of Mac
A recent exposé by the renowned cybersecurity firm Kaspersky has shone a spotlight on this burgeoning threat. The meticulous investigation conducted in April of this year unveiled a nefarious campaign, engineered to exploit the complacency among Mac users. This operation facilitates the sale of proxy access, linking previously unassailable devices to the infrastructure of cybercriminal networks.
This revelation cannot be overstated in its importance. It illustrates with disturbing clarity the evolution and sophistication of modern malware campaigns. The threat landscape is not stagnant but ever-shifting, adapting with both cunning and opportunity.
Kaspersky's diligence in dissecting this threat detected nearly three dozen popular applications, and tools relied upon by individuals and businesses alike for a multitude of tasks. These apps, now weaponised, span a gamut of functionalities - image editing and enhancement, video compression, data recovery, and network scanning among them. Each one, once a benign asset to productivity, is twisted into a lurking danger, imbued with the power to betray its user.
The duplicity of the trojan is shrouded in mimicry; it disguises its malicious intent under the guise of 'WindowServer,' a legitimate system process intrinsic to the macOS. Its camouflage is reinforced by an innocuously named file, 'GoogleHelperUpdater.plist' — a moniker engineered to evade suspicion and blend seamlessly with benign processes affiliated with familiar applications.
Mode of Operation
Its mode of operation, insidious in its stealth, utilises the Transmission Control Protocol(TCP) and User Datagram Protocol(UDP) networking protocols. This modus operandi allows it to masquerade as a benign proxy. The full scope of its potential commands, however, eludes our grasp, a testament to the shadowy domain from which these threats emerge.
The reach of this trojan does not cease at the periphery of Mac's operating system; it harbours ambitions that transcend platforms. Windows and Android ecosystems, too, find themselves under the scrutiny of this burgeoning threat.
This chapter in the ongoing saga of cybersecurity is more than a cautionary tale; it is a clarion call for vigilance. The war being waged within the circuits and code of our devices underscores an inescapable truth: complacency is the ally of the cybercriminal.
Safety measures and best practices
It is imperative to safeguard the Mac system from harmful intruders, which are constantly evolving. Few measures can play a crucial role in protecting your data in your Mac systems.
- Refrain from Unlicensed Software - Refrain from accessing and downloading pirated software. Plenty of software serves as a decoy for malware which remains dormant till downloaded files are executed.
- Use Trusted Source: Downloading files from legitimate and trusted sources can significantly reduce the threat of any unsolicited files or malware making its way into your Mac system.
- Regular system updates: Regular updates to systems released by the company ensure the latest patches are installed in the system critical to combat and neutralize emerging threats.
- General Awareness: keeping abreast of the latest developments in cyberspace plays a crucial role in avoiding new and emerging threats. It is crucial to keep pace with trends and be well-informed about new threats and ways to combat them.
Conclusion
In conclusion, this silent conflict, though waged in whispers, echoes with repercussions that reverberate through every stratum of digital life. The cyber threats that dance in the shadows cast by our screens are not figments of paranoia, but very real specters hunting for vulnerabilities to exploit. Mac users, once confident in their platforms' defenses, must awaken to the new dawn of cybersecurity awareness.
The battlefield, while devoid of the visceral carnage of physical warfare, is replete with casualties of privacy and breaches of trust. The soldiers in this conflict are disguised as serviceable code, enacting their insidious agendas beneath a façade of normalcy. The victims eschew physical wounds for scars on their digital identities, enduring theft of information, and erosion of security.
As we course through the daunting terrain of digital life, it becomes imperative to heed the lessons of this unseen warfare. Shadows may lie unseen, but it is within their obscurity that the gravest dangers often lurk, a reminder to remain ever vigilant in the face of the invisible adversary.
