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In the pulsating heart of the digitized era, our world is rapidly morphing into a tightly knit network of interconnections. Concurrently, the vast expanse of the cyber realm continues to broaden at an unparalleled pace. As we, denizens of the Information Revolution, pioneer this challenging new frontier, a novel notion is steadily gaining traction as an essential instrument for tackling the multifaceted predicaments and hazards emanating from our escalating dependency on digital technology. This novel notion is cyber diplomacy.

Recently, a riveting discourse unraveling the continually evolving topography of cyber diplomacy unfolded on the podcast 'Patching the System.' Two distinguished personalities graced the conversation - Benedikt Wechsler, Switzerland's Ambassador for Digitization, and Kaja Ciglic, Senior Director of Digital Diplomacy at Microsoft. This thought-provoking dialogue provides a mesmerizing peek into the intricate maze of this freshly minted diplomatic domain - a landscape still in the process of carving out its rules against an ever-escalating high stakes backdrop.

Call for Robust International Norms 

During their enlightening exchange, Wechsler and Ciglic shed light on the dire need of robust international norms and regulations in dynamic cyberspace. The drew comparison with well established norms governing maritime and airspace activities, suggesting a similar framework to maneuver the intricacies of the digital realm. The necessity of this mammoth task is accentuated by swift technological development and the unique nature of the internet where participation is diverse. 

Their discourse also underscores the critical argument that cyberspace cannot be commoditized. It has evolved into critical infrastructure that demands collective supervision. Wechsler also advocated for collaboration and the importance of a united front composed of big tech giants and the government working in tandem for creation of a resilient and secured digital landscape. 

Dual Edged Sword

Their conversation courageously plunged into the more sinister depths of the digital world and dissected the rising tide of cyberspace militarisation. Illustrative case point, recent cyber operations in Ukraine starkly underscore how malevolent elements have exploited digital tools to disastrous effect. Ciglic astutely pointed out the inherent dual nature of this scenario - while malignant entities will persistently manipulate technologies like AI, these identical tools can simultaneously serve as critical allies in reinforcing cyber defenses.

In finality, the dialogue unspools a potent call to arms. Both Wechsler and Ciglic fervently endorse the inception of a permanent body under the United Nations' purview specifically designed to tackle cyber-related quandaries. They also amplified the significance of an inclusive engagement process involving diverse stakeholders cutting across sectors - private entities, academia, civil society.

In India, this strategy is very practical. India has been making proactive investments in cybersecurity and digital resilience due to its rapidly developing digital ecosystem and strong IT industry. The government of the country, business executives, and academic institutions understand how strategically important it is to protect vital digital infrastructure and data. For example, India has seen a number of high-profile assaults on its vital infrastructure, like the Mumbai power outage in 2020, which emphasizes the necessity for extensive cybersecurity protections. The security components of the digital ecosystem have been given top priority by the Indian government's "Digital India" project, which aims to promote digital inclusion. This program has improved cybersecurity while simultaneously making great progress toward closing the nation's digital gap, especially in rural areas.

India's growing influence on global affairs and its prowess in the digital realm highlight how important it is to incorporate Indian viewpoints into the larger plan. By doing this, it guarantees a thorough and all-encompassing strategy that negotiates the intricacies of the Indian and global digital ecosystems. This strategy enhances cybersecurity at the national level and establishes India as a key global partner in the endeavor to make the internet a safer and more secure place for everyone. The whole community may benefit greatly from India's experiences and activities in combating cyber dangers and enhancing resilience in an increasingly interconnected world.

Conclusion 

As we meticulously chart our trajectory across the cyber wilderness, the wisdom disseminated by Wechsler and Ciglic emerges as a priceless navigational aid. They inspire us to remember that while the gauntlet we face may be daunting, the opportunities unfurling before us are equally, if not more, monumental in their potential. By embracing a multi-faceted, synergistic approach, we set the stage for a shared journey towards a safer, resilient digital habitat.

The timeless words of Albert Einstein echo these sentiments: 'Technology advances could have made human life carefree and happy if the development of the organizing power of men [and women] had been able to keep pace with its technical advances.' As we grapple with the perplexities and burstiness of the digital age, let these words guide our collective endeavor as we strive to balance our organizing prowess with our rapid technological advancements.

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Introduction

THE DIGITAL PERSONAL DATA PROTECTION BILL, 2022 Released for Public Consultation on November 18, 2022THE DIGITAL PERSONAL DATA PROTECTION BILL, 2023Tabled at LokSabha on August 03. 2023Personal data may be processed only for a lawful purpose for which an individual has given consent.  Consent may be deemed in certain cases.The 2023 bill imposes reasonable obligations on data fiduciaries and data processors to safeguard digital personal data.There is a Data Protection Board under the 2022 bill to deal with the non-compliance of the Act.Under the 2023 bill, there is the Establishment of a new Data Protection Board which will ensure compliance, remedies and penalties.

Under the new bill, the Board has been entrusted with the power of a civil court, such as the power to take cognisance in response to personal data breaches, investigate complaints,  imposing penalties. Additionally, the Board can issue directions to ensure compliance with the act.The 2022 Bill grants certain rights to individuals, such as the right to obtain information, seek correction and erasure, and grievance redressal.The 2023 bill also grants More Rights to Individuals and establishes a balance between user protection and growing innovations. The bill creates a transparent and accountable data governance framework by giving more rights to individuals. In the 2023 bill, there is an Incorporation of Business-friendly provisions by removing criminal penalties for non-compliance and facilitating international data transfers.  

‍The new 2023 bill balances out fundamental privacy rights and puts reasonable limitations on those rights.Under the 2022 bill, Personal data can be processed for a lawful purpose for which an individual has given his consent.  And there was a concept of deemed consent.The new data protection board will carefully examine the instance of non-compliance by imposing penalties on non-compiler.The bill does not provide any express clarity in regards to compensation to be granted to the Data Principal in case of a Data Breach.Under 2023 Deemed consent is there in its new form as ‘Legitimate Users’.The 2022 bill allowed the transfer of personal data to locations notified by the government.There is an introduction of the negative list, which restricts cross-data transfer.

Introduction  

The emergence of deepfake technology has become a significant problem in an era driven by technological growth and power. The government has reacted proactively as a result of concerns about the exploitation of this technology due to its extraordinary realism in manipulating information. The national government is in the vanguard of defending national interests, public trust, and security as the digital world changes. On the 26th of December 2023, the central government issued an advisory to businesses, highlighting how urgent it is to confront this growing threat.

The directive aims to directly address the growing concerns around Deepfakes, or misinformation driven by AI. This advice represents the result of talks that Union Minister Shri Rajeev Chandrasekhar, had with intermediaries during the course of a month-long Digital India dialogue. The main aim of the advisory is to accurately and clearly inform users about information that is forbidden, especially those listed under Rule 3(1)(b) of the IT Rules. 

Advisory

The Ministry of Electronics and Information Technology (MeitY) has sent a formal recommendation to all intermediaries, requesting adherence to current IT regulations and emphasizing the need to address issues with misinformation, specifically those driven by artificial intelligence (AI), such as Deepfakes. Union Minister Rajeev Chandrasekhar released the recommendation, which highlights the necessity of communicating forbidden information in a clear and understandable manner, particularly in light of Rule 3(1)(b) of the IT Rules.

Advise on Prohibited Content Communication

According to MeitY's advice, intermediaries must transmit content that is prohibited by Rule 3(1)(b) of the IT Rules in a clear and accurate manner. This involves giving users precise details during enrollment, login, and content sharing/uploading on the website, as well as including such information in customer contracts and terms of service.

Ensuring Users Are Aware of the Rules

Digital platform suppliers are required to inform their users of the laws that are relevant to them. This covers provisions found in the IT Act of 2000 and the Indian Penal Code (IPC). Corporations should inform users of the potential consequences of breaking the restrictions outlined in Rule 3(1)(b) and should also urge users to notify any illegal activity to law enforcement.

Talks Concerning Deepfakes

For more than a month, Union Minister Rajeev Chandrasekhar had a significant talk with various platforms where they addressed the issue of "deepfakes," or computer-generated fake videos. The meeting emphasized how crucial it is that everyone abides by the laws and regulations in effect, particularly the IT Rules to prevent deepfakes from spreading.  

Addressing the Danger of Disinformation

Minister Chandrasekhar underlined the grave issue of disinformation, particularly in the context of deepfakes, which are false pieces of content produced using the latest developments such as artificial intelligence. He emphasized the dangers this deceptive data posed to internet users' security and confidence. The Minister emphasized the efficiency of the IT regulations in addressing this issue and cited the Prime Minister's caution about the risks of deepfakes.

Rule Against Spreading False Information

The Minister referred particularly to Rule 3(1)(b)(v), which states unequivocally that it is forbidden to disseminate false information, even when doing so involves cutting-edge technology like deepfakes. He called on intermediaries—the businesses that offer digital platforms—to take prompt action to take such content down from their systems. Additionally, he ensured that everyone is aware that breaking such rules has legal implications.

Analysis 

The Central Government's latest advisory on deepfake technology demonstrates a proactive strategy to deal with new issues. It also highlights the necessity of comprehensive legislation to directly regulate AI material, particularly with regard to user interests.

There is a wider regulatory vacuum for content produced by artificial intelligence, even though the current guideline concentrates on the precision and lucidity of information distribution. While some limitations are mentioned in the existing laws, there are no clear guidelines for controlling or differentiating AI-generated content.

Positively, it is laudable that the government has recognized the dangers posed by deepfakes and is making appropriate efforts to counter them. As AI technology develops, there is a chance to create thorough laws that not only solve problems but also create a supportive environment for the creation of ethical AI content. User protection, accountability, openness, and moral AI use would all benefit from such laws. This offers an opportunity for regulatory development to guarantee the successful and advantageous incorporation of AI into our digital environment.

Conclusion 

The Central Government's preemptive advice on deepfake technology shows a great dedication to tackling new risks in the digital sphere. The advice highlights the urgent need to combat deepfakes, but it also highlights the necessity for extensive legislation on content produced by artificial intelligence. The lack of clear norms offers a chance for constructive regulatory development to protect the interests of users. The advancement of AI technology necessitates the adoption of rules that promote the creation of ethical AI content, guaranteeing user protection, accountability, and transparency. This is a turning point in the evolution of regulations, making it easier to responsibly incorporate AI into our changing digital landscape.

References

• https://economictimes.indiatimes.com/tech/technology/deepfake-menace-govt-issues-advisory-to-intermediaries-to-comply-with-existing-it-rules/articleshow/106297813.cms
• https://pib.gov.in/PressReleaseIframePage.aspx?PRID=1990542#:~:text=Ministry%20of%20Electronics%20and%20Information,misinformation%20powered%20by%20AI%20%E2%80%93%20Deepfakes.
• https://www.timesnownews.com/india/centres-deepfake-warning-to-it-firms-ensure-users-dont-violate-content-rules-article-106298282#:~:text=The%20Union%20government%20on%20Tuesday,actors%2C%20businesspersons%20and%20other%20celebrities