Indian Judiciary's Stance on Deepfakes
Introduction
An age of unprecedented problems has been brought about by the constantly changing technological world, and misuse of deepfake technology has become a reason for concern which has also been discussed by the Indian Judiciary. Supreme Court has expressed concerns about the consequences of this quickly developing technology, citing a variety of issues from security hazards to privacy violations to the spread of disinformation. In general, misuse of deepfake technology is particularly dangerous since it may fool even the sharpest eye because they are almost identical to the actual thing.
SC judge expressed Concerns: A Complex Issue
During a recent speech, Supreme Court Justice Hima Kohli emphasized the various issues that deepfakes present. She conveyed grave concerns about the possibility of invasions of privacy, the dissemination of false information, and the emergence of security threats. The ability of deepfakes to be created so convincingly that they seem to come from reliable sources is especially concerning as it increases the potential harm that may be done by misleading information.
Gender-Based Harassment Enhanced
In this internet era, there is a concerning chance that harassment based on gender will become more severe, as Justice Kohli noted. She pointed out that internet platforms may develop into epicentres for the quick spread of false information by anonymous offenders who act worrisomely and freely. The fact that virtual harassment is invisible may make it difficult to lessen the negative effects of toxic online postings. In response, It is advocated that we can develop a comprehensive policy framework that modifies current legal frameworks—such as laws prohibiting sexual harassment online —to adequately handle the issues brought on by technology breakthroughs.
Judicial Stance on Regulating Deepfake Content
In a different move, the Delhi High Court voiced concerns about the misuse of deepfake and exercised judicial intervention to limit the use of artificial intelligence (AI)-generated deepfake content. The intricacy of the matter was highlighted by a division bench. The bench proposed that the government, with its wider outlook, could be more qualified to handle the situation and come up with a fair resolution. This position highlights the necessity for an all-encompassing strategy by reflecting the court's acknowledgement of the technology's global and borderless character.
PIL on Deepfake
In light of these worries, an Advocate from Delhi has taken it upon himself to address the unchecked use of AI, with a particular emphasis on deepfake material. In the event that regulatory measures are not taken, his Public Interest Litigation (PIL), which is filed at the Delhi High Court, emphasises the necessity of either strict limits on AI or an outright prohibition. The necessity to discern between real and fake information is at the center of this case. Advocate suggests using distinguishable indicators, such as watermarks, to identify AI-generated work, reiterating the demand for openness and responsibility in the digital sphere.
The Way Ahead:
Finding a Balance
- The authorities must strike a careful balance between protecting privacy, promoting innovation, and safeguarding individual rights as they negotiate the complex world of deepfakes. The Delhi High Court's cautious stance and Justice Kohli's concerns highlight the necessity for a nuanced response that takes into account the complexity of deepfake technology.
- Because of the increased complexity with which the information may be manipulated in this digital era, the court plays a critical role in preserving the integrity of the truth and shielding people from the possible dangers of misleading technology. The legal actions will surely influence how the Indian judiciary and legislature respond to deepfakes and establish guidelines for the regulation of AI in the nation. The legal environment needs to change as technology does in order to allow innovation and accountability to live together.
Collaborative Frameworks:
- Misuse of deepfake technology poses an international problem that cuts beyond national boundaries. International collaborative frameworks might make it easier to share technical innovations, legal insights, and best practices. A coordinated response to this digital threat may be ensured by starting a worldwide conversation on deepfake regulation.
Legislative Flexibility:
- Given the speed at which technology is advancing, the legislative system must continue to adapt. It will be required to introduce new legislation expressly addressing developing technology and to regularly evaluate and update current laws. This guarantees that the judicial system can adapt to the changing difficulties brought forth by the misuse of deepfakes.
AI Development Ethics:
- Promoting moral behaviour in AI development is crucial. Tech businesses should abide by moral or ethical standards that place a premium on user privacy, responsibility, and openness. As a preventive strategy, ethical AI practices can lessen the possibility that AI technology will be misused for malevolent purposes.
Government-Industry Cooperation:
- It is essential that the public and commercial sectors work closely together. Governments and IT corporations should collaborate to develop and implement legislation. A thorough and equitable approach to the regulation of deepfakes may be ensured by establishing regulatory organizations with representation from both sectors.
Conclusion
A comprehensive strategy integrating technical, legal, and social interventions is necessary to navigate the path ahead. Governments, IT corporations, the courts, and the general public must all actively participate in the collective effort to combat the misuse of deepfakes, which goes beyond only legal measures. We can create a future where the digital ecosystem is safe and inventive by encouraging a shared commitment to tackling the issues raised by deepfakes. The Government is on its way to come up with dedicated legislation to tackle the issue of deepfakes. Followed by the recently issued government advisory on misinformation and deepfake.
References:
Related Blogs
Introduction
The Data Protection Data Privacy Act 2023 is the most essential step towards protecting, prioritising, and promoting the users’ privacy and data protection. The Act is designed to prioritize user consent in data processing while assuring uninterrupted services like online shopping, intermediaries, etc. The Act specifies that once a user provides consent to the following intermediary platforms, the platforms can process the data until the user withdraws the rights of it. This policy assures that the user has the entire control over their data and is accountable for its usage.
A keen Outlook
The Following Act also provides highlights for user-specific purpose, which is limited to data processing. This step prevents the misuse of data and also ensures that the processed data is being for the purpose for which it was obtained at the initial stage from the user.
- Data Fudiary and Processing of Online Shopping Platforms: The Act Emphasises More on Users’ Consent. Once provided, the Data Fudiary can constantly process the data until it is specifically withdrawn by the Data Principal.
- Detailed Analysis
- Consent as a Foundation: The Act places the user's consent as a backbone to the data processing. It sets clear boundaries for data processing. It can be Collecting, Processing, and Storing, and must comply with users’ consent before being used.
- Uninterrupted Data processing: With the given user consent, the intermediaries are not time-restrained. As long as the user does not obligate their consent, the process will be ongoing.
- Consent and Order Fulfillment: Consent, once provided, encloses all the activities related to the specific purpose for which it was meant to the data it was given for subsequent actions such as order fulfilment.
- Detailed Analysis
- Purpose-Limited Consent: The consent given is purpose-limited. The platform cannot misuse the obtained data for its personal use.
- Seamless User Experience: By ensuring that the user consent covers the full transactions, spared from the unwanted annoyance of repeated consent requests from the actual ongoing activities.
- Data Retention and Rub Out on Online Platforms: Platforms must ensure data minimisation post its utilisation period. This extends to any kind of third-party processors they might take on.
- Detailed Analysis
- Minimization and Security Assurance: By compulsory data removal on post ultization,This step helps to reduce the volume of data platforms hold, which leads to minimizing the risk to data.
- Third-Party Accountability, User Privacy Protection.
Influence from Global frameworks
The impactful changes based on global trends and similar legislation( European Union’s GDPR) here are some fruitful changes in intermediaries and social media platforms experienced after the implementation of the DPDP Act 2023.
- Solidified Consent Mechanism: Platforms and intermediatries need to ensure the users’ consent is categorically given, and informed, and should be specific to which the data is obtained. This step may lead to user-friendly consent forms activities and prompts.
- Data Minimizations: Platforms that tend to need to collect the only data necessary for the specific purpose mentioned and not retain information beyond its utility.
- Transparency and Accountability: Data collecting Platforms need to ensure transparency in data collecting, data processing, and sharing practices. This involves more detailed policy and regular audits.
- Data Portability: Users have the right to request for a copy of their own data used in format, allowing them to switch platforms effectively.
- Right to Obligation: Users can have the request right to deletion of their data, also referred to as the “Right to be forgotten”.
- Prescribed Reporting: Under circumstances of data breaches, intermediary platforms are required to report the issues and instability to the regulatory authorities within a specific timeline.
- Data Protection Authorities: Due to the increase in data breaches, Large platforms indeed appoint data protection officers, which are responsible for the right compliance with data protection guidelines.
- Disciplined Policies: Non-compliance might lead to a huge amount of fines, making it indispensable to invest in data protection measures.
- Third-Party Audits: Intermediaries have to undergo security audits by external auditors to ensure they are meeting the expeditions of the following compliances.
- Third-Party Information Sharing Restrictions: Sharing personal information and users’ data with third parties (such as advertisers) come with more detailed and disciplined guideline and user consent.
Conclusion
The Data Protection Data Privacy Act 2023 prioritises user consent, ensuring uninterrupted services and purpose-limited data processing. It aims to prevent data misuse, emphasising seamless user experiences and data minimisation. Drawing inspiration from global frameworks like the EU's GDPR, it introduces solidified consent mechanisms, transparency, and accountability. Users gain rights such as data portability and data deletion requests. Non-compliance results in significant fines. This legislation sets a new standard for user privacy and data protection, empowering users and holding platforms accountable. In an evolving digital landscape, it plays a crucial role in ensuring data security and responsible data handling.
References:
- https://www.meity.gov.in/writereaddata/files/Digital%20Personal%20Data%20Protection%20Act%202023.pdf
- https://www.mondaq.com/india/privacy-protection/1355068/data-protection-law-in-india-analysis-of-dpdp-act-2023-for-businesses--part-i
- https://www.hindustantimes.com/technology/explained-indias-new-digital-personal-data-protection-framework-101691912775654.html
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Executive Summary:
A viral image circulating on social media claims to show a Hindu Sadhvi marrying a Muslim man; however, this claim is false. A thorough investigation by the Cyberpeace Research team found that the image has been digitally manipulated. The original photo, which was posted by Balmukund Acharya, a BJP MLA from Jaipur, on his official Facebook account in December 2023, he was posing with a Muslim man in his election office. The man wearing the Muslim skullcap is featured in several other photos on Acharya's Instagram account, where he expressed gratitude for the support from the Muslim community. Thus, the claimed image of a marriage between a Hindu Sadhvi and a Muslim man is digitally altered.
Claims:
An image circulating on social media claims to show a Hindu Sadhvi marrying a Muslim man.
Fact Check:
Upon receiving the posts, we reverse searched the image to find any credible sources. We found a photo posted by Balmukund Acharya Hathoj Dham on his facebook page on 6 December 2023.
This photo is digitally altered and posted on social media to mislead. We also found several different photos with the skullcap man where he was featured.
We also checked for any AI fabrication in the viral image. We checked using a detection tool named, “content@scale” AI Image detection. This tool found the image to be 95% AI Manipulated.
We also checked with another detection tool for further validation named, “isitai” image detection tool. It found the image to be 38.50% of AI content, which concludes to the fact that the image is manipulated and doesn’t support the claim made. Hence, the viral image is fake and misleading.
Conclusion:
The lack of credible source and the detection of AI manipulation in the image explains that the viral image claiming to show a Hindu Sadhvi marrying a Muslim man is false. It has been digitally altered. The original image features BJP MLA Balmukund Acharya posing with a Muslim man, and there is no evidence of the claimed marriage.
- Claim: An image circulating on social media claims to show a Hindu Sadhvi marrying a Muslim man.
- Claimed on: X (Formerly known as Twitter)
- Fact Check: Fake & Misleading
Introduction
In the wake of the Spy Loan scandal, more than a dozen malicious loan apps were downloaded on Android phones from the Google Play Store, However, the number is significantly higher because they are also available on third-party marketplaces and questionable websites.
Unmasking the Scam
When a user borrows money, these predatory lending applications capture large quantities of information from their smartphone, which is then used to blackmail and force them into returning the total with hefty interest levels. While the loan amount is disbursed to users, these predatory loan apps request sensitive information by granting access to the camera, contacts, messages, logs, images, Wi-Fi network details, calendar information, and other personal information. These are then sent to loan shark servers.
The researchers have disclosed facts about the applications used by loan sharks to mislead consumers, as well as the numerous techniques used to circumvent some of the limitations imposed on the Play Store. Malware is often created with appealing user interfaces and promotes simple and rapid access to cash with high-interest payback conditions. The revelation of the Spy Loan scandal has triggered an immediate response from law enforcement agencies worldwide. There is an urgency to protect millions of users from becoming victims of malicious loan apps, it has become extremely important for law enforcement to unmask the culprits and dismantle the cyber-criminal network.
Aap’s banned: here is the list of the apps banned by Google Play Store :
- AA Kredit: इंस्टेंट लोन ऐप (com.aa.kredit.android)
- Amor Cash: Préstamos Sin Buró (com.amorcash.credito.prestamo)
- Oro Préstamo – Efectivo rápido (com.app.lo.go)
- Cashwow (com.cashwow.cow.eg)
- CrediBus Préstamos de crédito (com.dinero.profin.prestamo.credito.credit.credibus.loan.efectivo.cash)
- ยืมด้วยความมั่นใจ – ยืมด่วน (com.flashloan.wsft)
- PréstamosCrédito – GuayabaCash (com.guayaba.cash.okredito.mx.tala)
- Préstamos De Crédito-YumiCash (com.loan.cash.credit.tala.prestmo.fast.branch.mextamo)
- Go Crédito – de confianza (com.mlo.xango)
- Instantáneo Préstamo (com.mmp.optima)
- Cartera grande (com.mxolp.postloan)
- Rápido Crédito (com.okey.prestamo)
- Finupp Lending (com.shuiyiwenhua.gl)
- 4S Cash (com.swefjjghs.weejteop)
- TrueNaira – Online Loan (com.truenaira.cashloan.moneycredit)
- EasyCash (king.credit.ng)
- สินเชื่อปลอดภัย – สะดวก (com.sc.safe.credit)
Risks with several dimensions
SpyLoan's loan application violates Google's Financial Services policy by unilaterally shortening the repayment period for personal loans to a few days or any other arbitrary time frame. Additionally, the company threatens users with public embarrassment and exposure if they do not comply with such unreasonable demands.
Furthermore, the privacy rules presented by SpyLoan are misleading. While ostensibly reasonable justifications are provided for obtaining certain permissions, they are very intrusive practices. For instance, camera permission is ostensibly required for picture data uploads for Know Your Customer (KYC) purposes, and access to the user's calendar is ostensibly required to plan payment dates and reminders. However, both of these permissions are dangerous and can potentially infringe on users' privacy.
Prosecution Strategies and Legal Framework
The law enforcement agencies and legal authorities initiated prosecution strategies against the individuals who are involved in the Spy Loan Scandal, this multifaced approach involves international agreements and the exploration of innovative legal avenues. Agencies need to collaborate with International agencies to work on specific cyber-crime, leveraging the legal frameworks against digital fraud furthermore, the cross-border nature of the spy loan operation requires a strong legal framework to exchange information, extradition requests, and the pursuit of legal actions across multiple jurisdictions.
Legal Protections for Victims: Seeking Compensation and Restitution
As the legal battle unfolds in the aftermath of the Spy loan scam the focus shifts towards the victims, who suffer financial loss from such fraudulent apps. Beyond prosecuting culprits, the pursuit of justice should involve legal safeguards for victims. Existing consumer protection laws serve as a crucial shield for Spy Loan victims. These laws are designed to safeguard the rights of individuals against unfair practices.
Challenges in legal representation
As the legal hunt for justice in the Spy Loan scam progresses, it encounters challenges that demand careful navigation and strategic solutions. One of the primary obstacles in the legal pursuit of the Spy loan app lies in the jurisdictional complexities. Within the national borders, it’s quite challenging to define the jurisdiction that holds the authority, and a unified approach in prosecuting the offenders in various regions with the efforts of various government agencies.
Concealing the digital identities
One of the major challenges faced is the anonymity afforded by the digital realm poses a challenge in identifying and catching the perpetrators of the scam, the scammers conceal their identity and make it difficult for law enforcement agencies to attribute to actions against the individuals, this challenge can be overcome by joint effort by international agencies and using the advance digital forensics and use of edge cutting technology to unmask these scammers.
Technological challenges
The nature of cyber threats and crime patterns are changing day by day as technology advances this has become a challenge for legal authorities, the scammers explore vulnerabilities, making it essential, for law enforcement agencies to be a step ahead, which requires continuous training of cybercrime and cyber security.
Shaping the policies to prevent future fraud
As the scam unfolds, it has become really important to empower users by creating more and more awareness campaigns. The developers of the apps need to have a transparent approach to users.
Conclusion
It is really important to shape the policies to prevent future cyber frauds with a multifaced approach. Proposals for legislative amendments, international collaboration, accountability measures, technology protections, and public awareness programs all contribute to the creation of a legal framework that is proactive, flexible, and robust to cybercriminals' shifting techniques. The legal system is at the forefront of this effort, playing a critical role in developing regulations that will protect the digital landscape for years to come.
Safeguarding against spyware threats like SpyLoan requires vigilance and adherence to best practices. Users should exclusively download apps from official sources, meticulously verify the authenticity of offerings, scrutinize reviews, and carefully assess permissions before installation.
