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What are Decentralised Autonomous Organizations (DAOs)?

A Decentralised Autonomous Organisation or a DAO, is a unique take on democracy on the blockchain. It is a set of rules encoded into a self-executing contract (also known as a smart contract) that operates autonomously on a blockchain system. A DAO imitates a traditional company, although, in its more literal sense, it is a contractually created entity. In theory, DAOs have no centralised authority in making decisions for the system; it is a communally run system whereby all decisions (be it for internal governance or for the development of the blockchain system) are voted upon by the community members. DAOs are primarily characterised by a decentralised form of operation, where there is no one entity, group or individual running the system. They are self-sustaining entities, having their own currency, economy and even governance, that do not depend on a group of individuals to operate. Blockchain systems, especially DAOs are characterised by pure autonomy created to evade external coercion or manipulation from sovereign powers. DAOs follow a mutually created, agreed set of rules created by the community, that dictates all actions, activities, and participation in the system’s governance. There may also be provisions that regulate the decision-making power of the community.

Ethereum’s DAO’s White Paper described DAO as “The first implementation of a [DAO Entity] code to automate organisational governance and decision making.” Can be used by individuals working together collaboratively outside of a traditional corporate form.  It can also be used by a registered corporate entity to automate formal governance rules contained in corporate bylaws or imposed by law.”  The referred white paper proposes an entity that would use smart contracts to solve governance issues inherent in traditional corporations.  DAOs attempt to redesign corporate governance with blockchain such that contractual terms are “formalised, automated and enforced using software.”

Cybersecurity threats under DAOs

While DAOs offer increased transparency and efficiency, they are not immune to cybersecurity threats. Cybersecurity risks in DAO, primarily in governance, stem from vulnerabilities in the underlying blockchain technology and the DAO's smart contracts. Smart contract exploits, code vulnerabilities, and weaknesses in the underlying blockchain protocol can be exploited by malicious actors, leading to unauthorised access, fund manipulations, or disruptions in the governance process. Additionally, DAOs may face challenges related to phishing attacks, where individuals are tricked into revealing sensitive information, such as private keys, compromising the integrity of the governance structure. As DAOs continue to evolve, addressing and mitigating cybersecurity threats is crucial to ensuring the trust and reliability of decentralised governance mechanisms.

Centralisation/Concentration of Power

DAOs today actively try to leverage on-chain governance, where any governance votes or transactions are directly taken on the blockchain. But such governance is often plutocratic in nature, where the wealthy hold influences, rather than democracies, since those who possess the requisite number of tokens are only allowed to vote and each token staked implies that many numbers of votes emerge from the same individual. This concentration of power in the hands of “whales” often creates disadvantages for the newer entrants into the system who may have an in-depth background but lack the funds to cast a vote. Voting, presently in the blockchain sphere, lacks the requisite concept of “one man, one vote” which is critical in democratic societies.

Smart contract vulnerabilities and external threats

Smart contracts, self-executing pieces of code on a blockchain, are integral to decentralised applications and platforms. Despite their potential, smart contracts are susceptible to various vulnerabilities such as coding errors, where mistakes in the code can lead to funds being locked or released erroneously. Some of them have been mentioned as follows;

Smart Contracts are most prone to re-entrance attacks whereby an untrusted external code is allowed to be executed in a smart contract. This scenario occurs when a smart contract invokes an external contract, and the external contract subsequently re-invokes the initial contract. This sequence of events can lead to an infinite loop, and a reentrancy attack is a tactic exploiting this vulnerability in a smart contract. It enables an attacker to repeatedly invoke a function within the contract, potentially creating an endless loop and gaining unauthorised access to funds.

Additionally, smart contracts are also prone to oracle problems. Oracles refer to third-party services or mechanisms that provide smart contracts with real-world data. Since smart contracts on blockchain networks operate in a decentralised, isolated environment, they do not have direct access to external information, such as market prices, weather conditions, or sports scores. Oracles bridge this gap by acting as intermediaries, fetching and delivering off-chain data to smart contracts, enabling them to execute based on real-world conditions. The oracle problem within blockchain pertains to the difficulty of securely incorporating external data into smart contracts. The reliability of external data poses a potential vulnerability, as oracles may be manipulated or provide inaccurate information. This challenge jeopardises the credibility of blockchain applications that rely on precise and timely external data.

Sybil Attack: A Sybil attack involves a single node managing multiple active fake identities, known as Sybil identities, concurrently within a peer-to-peer network. The objective of such an attack is to weaken the authority or influence within a trustworthy system by acquiring the majority of control in the network. The fake identities are utilised to establish and exert this influence. A successful Sybil attack allows threat actors to perform unauthorised actions in the system.

Distributed Denial of Service Attacks: A Distributed Denial of Service (DDoS) attack is a malicious attempt to disrupt the regular functioning of a network, service, or website by overwhelming it with a flood of traffic. In a typical DDoS attack, multiple compromised computers or devices, often part of a botnet (a network of infected machines controlled by a single entity), are used to generate a massive volume of requests or data traffic. The targeted system becomes unable to respond to legitimate user requests due to the excessive traffic, leading to a denial of service.

Conclusion

Decentralised Autonomous Organisations (DAOs) represent a pioneering approach to governance on the blockchain, relying on smart contracts and community-driven decision-making. Despite their potential for increased transparency and efficiency, DAOs are not immune to cybersecurity threats. Vulnerabilities in smart contracts, such as reentrancy attacks and oracle problems, pose significant risks, and the concentration of voting power among wealthy token holders raises concerns about democratic principles. As DAOs continue to evolve, addressing these challenges is essential to ensuring the resilience and trustworthiness of decentralised governance mechanisms. Efforts to enhance security measures, promote inclusivity, and refine governance models will be crucial in establishing DAOs as robust and reliable entities in the broader landscape of blockchain technology.

References:

‍https://www.imperva.com/learn/application-security/sybil-attack/

‍https://www.tripwire.com/state-of-security/blockchain-security-understanding-vulnerabilities-and-mitigating-risks

‍https://medium.com/@RedStone_Finance/the-oracle-problem-and-its-implications-for-blockchains-c0c0ad9cf5a7

‍https://www.linkedin.com/posts/satish-kulkarni-bb96193_what-are-cybersecurity-risk-to-dao-and-how-activity-7048286955645677568-B3pV/ https://www.geeksforgeeks.org/what-is-ddosdistributed-denial-of-service/ Report of Investigation Pursuant to Section 21 (a) of the Securities Exchange Act of 1934: The DAO, Securities and Exchange Board, Release No. 81207/ July 25, 2017

‍https://www.sec.gov/litigation/investreport/34-81207.pdf https://www.legalserviceindia.com/legal/article-10921-blockchain-based-decentralized-autonomous-organizations-daos-.html

Introduction

On 20th March 2024, the Indian government notified the Fact Check Unit (FCU) under the Press Information Bureau (PIB) of the Ministry of Information and Broadcasting as the Fact Check Unit (FCU) of the Central Government. This PIB FCU is notified under the provisions of Rule 3(1)(b)(v) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules 2023 (IT Amendment Rules 2023).

However, the next day, on 21st March 2024, the Supreme Court stayed the Centre's decision. The IT Amendment Rules of 2023 provide that the Ministry of Electronics and Information Technology (MeitY) can notify a fact-checking body to identify and tag what it considers fake news with respect to any activity of the Centre. The stay will be in effect till the Bombay High Court finally decides the challenges to the IT Rules amendment 2023.

The official notification dated 20th March 2024 read as follows:

“In exercise of the powers conferred by sub-clause (v) of clause (b) of sub-rule (1) of rule 3 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Central Government hereby notifies the Fact Check Unit under the Press Information Bureau of the Ministry of Information and Broadcasting as the fact check unit of the Central Government for the purposes of the said sub-clause, in respect of any business of the Central Government.”

Impact of the notification

The impact of notifying PIB’s FCU under Rule 3(1)(b)(v)will empower the PIB’s FCU to issue direct takedown directions to the concerned Intermediary. Any information posted on social media in relation to the business of the central government that has been flagged as fake or false by the FCU has to be taken down by the concerned intermediary. If it fails to do so, it will lose the 'safe harbour' immunity against legal proceedings arising out of such information posted offered under Section 79 of IT Act, 2000.

Safe harbour provision u/s 79 of IT Act, 2000

Section 79 of the IT Act, 2000 serves as a safe harbour provision for intermediaries. The provision states that "an intermediary shall not be liable for any third-party information, data, or communication link made available or hosted by him". However, it is notable that this legal immunity cannot be granted if the intermediary "fails to expeditiously" take down a post or remove a particular content after the government or its agencies flag that the information is being used unlawfully. Furthermore, intermediaries are obliged to observe due diligence on their platforms.

Rule 3 (1)(b)(v) Under IT Amendment Rules 2023

Rule 3(1)(b)(v) of The Information Technology(Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 [updated as on 6.4.2023] provides that all intermediaries [Including a social media intermediary, a significant social media intermediary and an online gaming intermediary], are required to make "reasonable efforts” or perform due diligence to ensure that their users do not "host, display, upload, modify, publish, transmit, store, update or share” any information that “deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry may, by notification published in the Official Gazette, specify”.

PIB - FCU

The PIB - Fact Check Unit(FCU) was established in November 2019 to prevent the spread of fake news and misinformation about the Indian government. It also provides an accessible platform for people to report suspicious or questionable information related to the Indian government. This FCU is responsible for countering misinformation on government policies, initiatives, and schemes. The FCU is tasked with addressing misinformation about government policies, initiatives, and schemes, either directly (Suo moto) or through complaints received. On 20th March 2024,via a gazetted notification, the Centre notified the Press Information Bureau's fact-check unit (FCU) as the nodal agency to flag fake news or misinformation related to the central government. However, The Supreme Court stayed the Centre's notification of the Fact-Check Unit under IT Amendment Rules 2023.

Concerns with IT Amendment Rules 2023

The Ministry of Electronics and Information Technology(MeitY) amended the IT Rules of 2021. The ‘Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Amendment Rules, 2023’ (IT Amendment Rules 2023) were notified by the Ministry of Electronics and Information Technology on 6 April 2023. The rules introduced new provisions to establish a fact-checking unit with respect to “any business of the central government” and also made other provisions pertaining to online gaming.

The Constitutional validity of  IT Amendment Rules 2023 has been challenged through a writ petition challenging the IT Rules 2023 in the Bombay High Court. The contention is that the rules raise "serious constitutional questions," and Rule 3(1)(b)(v), as amended in 2023, impacts the fundamental right to freedom of speech and expression would fall for analysis by the High Court.

Supreme Court Stays Setting up of FCU

A bench comprising Chief Justice DY Chandra Hud, Justices JB Pardiwala and Manoj Misra convened to hear Special Leave Petitions filed by Kunal Kamra, the Editors Guild of India and the Association of Indian Magazines challenging the refusal of the Bombay High Court to stay the implementation of the IT Rules 2023. The Supreme Court has stayed the Union's notification of the Fact-Check Unit under the IT Amendment Rules 2023, pending the Bombay High Court's decision on the challenges to the IT Rules Amendment 2023.

Emphasizing Freedom of Speech in the Democratic Environment

The advent of advanced technology has also brought with it a new generation of threats and concerns: the misuse of said technology in the form of deepfakes and misinformation is one of the most pressing concerns plaguing society today. This realization has informed the critical need for stringent regulatory measures. The government is rightly prioritizing the need to immediately address digital threats, but there must be a balance between our digital security policies and the need to respect free speech and critical thinking. The culture of open dialogue is the bedrock of democracy. The ultimate truth is shaped through free trade in ideas within a competitive marketplace of ideas. The constitutional scheme of democracy places great importance on the fundamental value of liberty of thought and expression, which has also been emphasized by the Supreme Court in its various judgements.

The IT Rules, 2023,provide for creating a "fact check unit" to identify fake or false or misleading information “in relation to any business of the central government "This move raised concerns within the media fraternity, who argued that the determination of fake news cannot be placed solely in the hands of the government. It is also worth noting that if users post something illegal, they can still be punished under laws that already exist in the country.

We must take into account that freedom of speech under Article 19 of the Constitution is not an absolute right. Article 19(2) imposes restrictions on the Right to Freedom of Speech and expression. Hence, there has to be a balance between regulatory measures and citizens' fundamental rights.

Nowadays, the term ‘fake news’ is used very loosely. Additionally, there is a dearth of clearly established legal parameters that define what amounts to fake or misleading information. Clear definitions of the terms should be established to facilitate certainty as to what content is ‘fake news’ and what content is not. Any such restriction on speech must align with the exceptions outlined in Article19(2) of the Constitution.

Conclusion

Through a government notification, PIB - FCU was intended to act as a government-run fact-checking body to verify any information about the Central Government. However, the apex court of India stayed the Centre's notification. Now, the matter is sub judice, and we hope for the judicial analysis of the validity of IT Amendment Rules 2023.

Notably, the government is implementing measures to combat misinformation in the digital world, but it is imperative that we strive for a balance between regulatory checks and individual rights. As misinformation spreads across all sectors, a centralised approach is needed in order to tackle it effectively. Regulatory reforms must take into account the crucial roleplayed by social media in today’s business market: a huge amount of trade and commerce takes place online or is informed by digital content, which means that the government must introduce policies and mechanisms that continue to support economic activity. Collaborative efforts between the government and its agencies, technological companies, and advocacy groups are needed to deal with the issue better at a higher level.

References

• https://egazette.gov.in/(S(xzwt4b4haaqja32xqdiksbju))/ViewPDF.aspx
• https://pib.gov.in/PressReleasePage.aspx?PRID=2015792
• https://economictimes.indiatimes.com/tech/technology/govt-notifies-fact-checking-unit-under-pib-to-check-fake-news-misinformation-related-to-centre/articleshow/108653787.cms?from=mdr
• https://www.epw.in/journal/2023/43/commentary/it-amendment-rules-2023.html#:~:text=The%20Information%20Technology%20Amendment%20Rules,to%20be%20false%20or%20misleading
• ‍https://www.livelaw.in/amp/top-stories/supreme-court-kunal-kamra-editors-guild-notifying-fact-check-unit-it-rules-2023-252998
• ‍https://www.aljazeera.com/news/2024/3/21/india-top-court-stays-government-move-to-form-fact-check-unit-under-it-laws
• ‍https://www.meity.gov.in/writereaddata/files/Information%20Technology 28Intermediary%20Guidelines%20and%20Digital% 20Media%20Ethics%20Code%29%20Rules%2C%202021%20%28updated%2006.04.2023%29-.pdf
• 2024 SCC On Line Bom 360

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Introduction

The year, 2022 has been a year of transition and change for the gaming industry. This year esports and gaming including the industry’s greater increased acceptance by the sports authorities and higher prize pools for top players,  has been more commercial than ever, according to research by the year 2025 the industry will witness growth by 5 million dollars and around 420 million active gamers from India. Since, India is on the way to become world’s largest gaming market, with revenue earned in 2021 increasing by up to 28%, or 1.2 billion dollars, and predicted to reach 2 billion dollars by 2024 as a result of the COVID-19 expanding internet access throughout the country.

After a lengthy debate, the government has finally decided to bring online gaming under the purview of the law. The President of India has changed the rules governing e-sports and requested that the Sports Ministry and the Ministry of Electronics and Information Technology (MeitY) include e-sports in multi-sport competitions. India’s gaming sector has reached new heights this year, with the country winning its first bronze medal in the first esports event organized by this year’s Commonwealth Games, and this is only the beginning.

Indian government takes on E-sports

The Indian government has given esports a huge boost. It has been introduced into the traditional sports disciplines of the nation. Droupadi Murmu, the President of India, changed the regulations governing eSports using the authority “conferred by clause (3) of Article 77 of the Constitution,” and requested that “e-Sports be included as part of multi-sports events” from the Ministries of Electronics and Information Technology and Sports. Some crucial points will clarify the government’s position on e-sports.

• E-sports were added as a demonstration sport to the 2018 Asian Games in Jakarta, which meant that medals earned in the sport were not counted in the official total of medals.
• There is a greater desire for Esports to be integrated with school curricula.
• E-Sports (Electronic Sports) have been acknowledged by the Indian government as a component of multi-sport tournaments.

Why is e-sports important?

The Indian Esports Industry has worked hard to distinguish Esports from the broader category of “Gaming.” Esports is a competitive sport in which esports athletes compete in specific video game genres in a virtual, electronic environment using their physical and mental prowess, according to the industry.

According to studies, as individuals have gotten more screen aware and online gaming has become a part of their life, internet gaming not only improves fine motor skills but also sharpens the mind. The industry has the most users and stakeholders, and it has become critical to governing it; consequently, legislation is required to regulate it.

The online regulation bill 2022

The Online Gaming (Regulations) Bill, 2022, was recently filed in the Lok Sabha to create an effective regulatory mechanism for the online gaming business to prevent fraud and misuse of things related to or incidental to it. There are 20 sections spread throughout three chapters. It intends to establish an Online Gaming Commission, the authority, mandate, and jurisdiction of which will be specified by the Bill. An online gaming server will be licensed, relinquished, revoked, or suspended by the Commission’s key highlights of the bill to make it more clear

• The Bill establishes a regulating agency, the Online Gaming Commission (“OGC”), comprised of five members chosen by the Central Government, each with at least one specialist in the fields of law, cyber technology, and law enforcement experience.
• The OGC will be able to oversee the functions of online gaming websites, issue periodic or special reports on Online Gaming issues, recommend appropriate measures to control and curb illegal Online Gaming, grant, suspend, and revoke licenses for online gaming websites, and set fees for license applications and renewals.
• Without a website and a non-transferable and non-assignable license, the Bill proposes to make online gambling illegal. Anyone operating an online gaming server or website without a license risks up to three years in prison and a fine. The permission will be good for a six-year term.
• The license intended to be given under the Bill may be terminated or canceled if the licensee violates any of the license’s requirements or any of Bill’s provisions. However, the Bill does not apply to anybody providing backend services in India, including hosting and maintenance for any international gaming website situated outside of India.
• The bill also mentions the Foreign Direct Investment and Technology Collaboration in Online Gaming

Few misses in the bill that can be addressed to make it stronger and a better version

• The law does not address Know Your Customer (KYC) requirements, customer complaint procedures, advertising and marketing restrictions, user data protection, responsible gaming guidelines, and other concerns.
• In the bill, there is no clear distinction between money involved in the game. This is a matter of concern and needs to be addressed so the money laundering aspect can be determined.
• The distinction between “games of chance” and “games of skill” is not addressed in the Bill. Furthermore, the Bill does not specify whether its prohibitions apply only to for-real-money games or to free games.‍

Conclusion

Despite the bill’s flaws, it has offered optimism to the burgeoning gaming sector, which desperately needs a robust regulatory and legal framework free of ambiguity, allowing players to play safely, and encouraging entrepreneurs to enter the field with safety and security. An improved regulatory framework will increase job prospects while also assisting the government. A transparent framework will also aid in the protection of the rights of actors and stakeholders.