#FactCheck - Manipulated Image Alleging Disrespect Towards PM Circulates Online

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/

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Introduction

Google is set to change its storage and access of users' "Location History" in Google Maps, reducing the data retention period and making it impossible for the company to access it. This change will significantly impact "geofence warrants," a controversial legal tool used by authorities to force Google to hand over information about all users within a given location during a specific timeframe. This decision is a significant win for privacy advocates and criminal defense attorneys who have long decried these warrants.

The company aims to protect people's privacy by removing the repository of location data dating back months or years. Geofence warrants, which provide police with sensitive data on individuals, are considered dangerous and could turn innocent people into suspects. 

Understanding Geofence Warrants

Geofence warrants, also known as reverse-location warrants, are used by law enforcement agencies to obtain locational data stored by tech companies within a specified geographical area and timeframe to identify devices near a crime scene. In contrast to general warrants, which allow law enforcement agencies to obtain data of one individual (usually the suspect), geofence warrants enable law enforcement authorities to obtain data for all individuals in a specific location and subsequently track and trace any device that may be linked to a crime scene. Geofence warrants have become a major issue, with law enforcement agencies utilising them to obtain location data from tech companies.

Privacy Concerns of Geofence Warrants

While Geofence warrants allow law enforcement agencies to determine and identify potential suspects, these warrants have sparked controversy for their invasive characteristics. Civil rights activities and various technology companies have raised concerns over the impact of these warrants on the rights of data principals. It is noted that geofence warrants mark a rise in cases of state surveillance and police harassment. Not only is any data principal in the vicinity of the crime scene classified as a potential suspect, but companies are also compelled to submit identifying personal data on every device/phone in a marked geographic space.

From Surveillance to Safeguards

Geofence warrants have become a contentious tool for law enforcement worldwide, with concerns over privacy and civil liberties, especially in sensitive situations like protests and healthcare. Google is considering allowing users to store their location data on their devices, potentially ending the use of geofence warrants, which law enforcement agencies use to obtain location data from tech companies.

Google is changing its handling of Location History data, moving it on-device instead of on its servers. The default data retention period will be reduced. Google Maps' product director, Marlo McGriff, stated that the company will automatically encrypt backed-up data for cloud backups, preventing anyone from reading it. When these changes are implemented, Google will have no geodata fishing options for users. Google confirmed that it will no longer be able to respond to new geofence warrants once these changes are implemented, as it will not have access to the relevant data. The changes were designed to put an end to dragnet searches of location data.

Conclusion

Google's decision to change storage and access policies for users' location history in Google Maps marks a pivotal step in the ongoing narrative of law enforcement's misuse of geofence warrants. This move aims to safeguard individual privacy by significantly restricting the data retention period and limiting Google's ability to comply with geofence warrants. This change is welcomed by privacy advocates and legal professionals who express concerns over the intrusive nature of these warrants, which may potentially turn innocent individuals into suspects based on their proximity to a crime scene. As technology companies take steps to enhance user privacy, the evolving landscape calls for a balance between law enforcement needs and protecting individual rights in an era of increasing digital surveillance.  

References:

• https://techobserver.in/news/policy/will-googles-transition-to-on-device-location-storage-end-geofence-warrants-abuse-280852/

• https://telecom.economictimes.indiatimes.com/news/internet/google-to-end-geofence-warrant-requests-for-users-location-data/106081499
• https://www.forbes.com/sites/cyrusfarivar/2023/12/14/google-just-killed-geofence-warrants-police-location-data/?sh=313da3c32c86
• https://timesofindia.indiatimes.com/gadgets-news/explained-how-google-maps-is-preventing-authorities-from-accessing-users-location-history-data/articleshow/106086639.cms

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Executive Summary:

Old footage of Indian Cricketer Virat Kohli celebrating Ganesh Chaturthi in September 2023 was being promoted as footage of Virat Kohli at the Ram Mandir Inauguration. A video of cricketer Virat Kohli attending a Ganesh Chaturthi celebration last year has surfaced, with the false claim that it shows him at the Ram Mandir consecration ceremony in Ayodhya on January 22. The Hindi newspaper Dainik Bhaskar and Gujarati newspaper Divya Bhaskar also displayed the now-viral video in their respective editions on January 23, 2024, escalating the false claim. After thorough Investigation, it was found that the Video was old and it was Ganesh Chaturthi Festival where the cricketer attended.

Claims:

Many social media posts, including those from news outlets such as Dainik Bhaskar and Gujarati News Paper Divya Bhaskar, show him attending the Ram Mandir consecration ceremony in Ayodhya on January 22, where after investigation it was found that the Video was of Virat Kohli attending Ganesh Chaturthi in September, 2023.

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The caption of Dainik Bhaskar E-Paper reads, “ क्रिकेटर विराट कोहली भी नजर आए ”

Fact Check:

CyberPeace Research Team did a reverse Image Search of the Video where several results with the Same Black outfit was shared earlier, from where a Bollywood Entertainment Instagram Profile named Bollywood Society shared the same Video in its Page, the caption reads, “Virat Kohli snapped for Ganapaati Darshan” the post was made on 20 September, 2023.

Taking an indication from this we did some keyword search with the Information we have, and it was found in an article by Free Press Journal, Summarizing the article we got to know that Virat Kohli paid a visit to the residence of Shiv Sena leader Rahul Kanal to seek the blessings of Lord Ganpati. The Viral Video and the claim made by the news outlet is false and Misleading.

Conclusion:

The recent Claim made by the Viral Videos and News Outlet is an Old Footage of Virat Kohli attending Ganesh Chaturthi the Video back to the year 2023 but not of the recent auspicious day of Ram Mandir Pran Pratishtha. To be noted that, we also confirmed that Virat Kohli hadn’t attended the Program; there was no confirmation that Virat Kohli attended on 22 January at Ayodhya. Hence, we found this claim to be fake.

• Claim:  Virat Kohli attending the Ram Mandir consecration ceremony in Ayodhya on January 22
• Claimed on: Youtube, X
• Fact Check: Fake

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