WhatsApp on Multiple Phones

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.

Introduction 

AI has revolutionized the way we look at growing technologies. AI is capable of performing complex tasks in fasten time. However, AI’s potential misuse led to increasing cyber crimes. As there is a rapid expansion of generative AI tools, it has also led to growing cyber scams such as Deepfake, voice cloning, cyberattacks targeting Critical Infrastructure and other organizations, and threats to data protection and privacy. AI is empowered by giving the realistic output of AI-created videos, images, and voices, which cyber attackers misuse to commit cyber crimes. 

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It is notable that the rapid advancement of technologies such as generative AI(Artificial Intelligence), deepfake, machine learning, etc. Such technologies offer convenience in performing several tasks and are capable of assisting individuals and business entities. On the other hand, since these technologies are easily accessible, cyber-criminals leverage AI tools and technologies for malicious activities or for committing various cyber frauds. By such misuse of advanced technologies such as AI, deepfake, and voice clones. Such new cyber threats have emerged. 

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What is Deepfake?

Deepfake is an AI-based technology. Deepfake is capable of creating realistic images or videos which in actuality are created by machine algorithms. Deepfake technology, since easily accessible, is misused by fraudsters to commit various cyber crimes or deceive and scam people through fake images or videos that look realistic. By using the Deepfake technology, cybercriminals manipulate audio and video content which looks very realistic but, in actuality, is fake. Voice cloning is also a part of deepfake. To create a voice clone of anyone's, audio can be deepfaked too, which closely resembles a real one but, in actuality, is a fake voice created through deepfake technology. 

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How Deepfake Can Harm Organizations or Enterprises?

• Reputation: Deepfakes have a negative impact on the reputation of the organization. It’s a reputation which is at stake. Fake representations or interactions between an employee and user, for example,  misrepresenting  CEO online, could damage an enterprise’s credibility, resulting in user and other financial losses. To be protective against such incidents of deepfake, organisations must thoroughly monitor online mentions and keep tabs on what is being said or posted about the brand. Deepfake-created content can also be misused to Impersonate leaders, financial officers and officials of the organisation.
• Misinformation: Deepfake can be used to spread misrepresentation or misinformation about the organisation by utilising the deepfake technology in the wrong way. 
• Deepfake Fraud calls misrepresenting the organisation: There have been incidents where bad actors pretend to be from legitimate organisations and seek personal information. Such as helpline fraudsters, fake representatives from hotel booking departments, fake loan providers, etc., where bad actors use voice clones or deepfake-oriented fake video calls in order to propose themselves as belonging to legitimate organisations and, in actuality, they are deceiving people.

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How can organizations combat AI-driven cybercrimes such as deepfake? 

• Cybersecurity strategy: Organisations need to keep in place a wide range of cybersecurity strategies or use advanced tools to combat the evolving disinformation and misrepresentation caused by deepfake technology.  Cybersecurity tools can be utilised to detect deepfakes. 
• Social media monitoring: Social media monitoring can be done to detect any unusual activity. Organisations can select or use relevant tools and implement technologies to detect deepfakes and demonstrate media provenance. Real-time verification capabilities and procedures can be used. Reverse image searches, like TinEye, Google Image Search, and Bing Visual Search, can be extremely useful if the media is a composition of images.
• Employee Training: Employee education on cybersecurity will also play a significant role in strengthening the overall cybersecurity posture of the organisation.

Conclusion

There have been incidents where AI-driven tools or technology have been misused by cybercriminals or bad actors.  Synthetic videos developed by AI are used by bad actors. Generative AI has gained significant popularity for many capabilities that produce synthetic media. There are concerns about synthetic media, such as its misuse of disinformation operations designed to influence the public and spread false information. In particular, synthetic media threats that organisations most often face include undermining the brand, financial gain, threat to the security or integrity of the organisation itself and Impersonation of the brand’s leaders for financial gain.

Synthetic media attempts to target organisations intending to defraud the organisation for financial gain. Example includes fake personal profiles on social networking sites and deceptive deepfake calls, etc. The organisation needs to have the proper cyber security strategy in place to combat such evolving threats. Monitoring and detection should be performed by the organisations and employee training on empowering on cyber security will also play a crucial role to effectively deal with evolving threats posed by the misuse of AI-driven technologies. 

References:

• https://media.defense.gov/2023/Sep/12/2003298925/-1/-1/0/CSI-DEEPFAKE-THREATS.PDF
• https://www.securitymagazine.com/articles/98419-how-to-mitigate-the-threat-of-deepfakes-to-enterprise-organizations

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According to Statista, the number of users in India's digital assets market is expected to reach 107.30m users by 2025 (Impacts of Inflation on Financial Markets, August 2023). India's digital asset market has been experiencing exponential growth fueled by the increased adoption of cryptocurrencies and blockchain technology. This furthers the need for its regulation. Digital assets include cryptocurrencies, NFTs, asset-backed tokens, and tokenised real estate. 

India has defined Digital Assets under Section 47(A) of the Income Tax Act, 1961. The Finance Act 2022-23 has added the word 'virtual' to make it “Virtual Digital Assets”. A “virtual digital asset” is any information or code, number, or token, created through cryptographic methods or otherwise, by any name, giving a digital representation of value exchanged with or without consideration. A VDA should contain an inherent value and represent a store of value or unit of account, functional in any financial transaction or investment. These can be stored,  transferred, or traded in electronic format. 

Digital Asset Governance: Update and Future Outlook

Indian regulators have been conservative in their approach towards digital assets, with the Reserve Bank of India first issuing directions against cryptocurrency transactions in 2018. This ban was removed by the Supreme Court through a court order in 2020. The presentation of the Cryptocurrency and Regulation of Official Digital Currency Bill of 2021 is a fairly important milestone in its attempts to lay down the framework for issuing an official digital currency by the Reserve Bank of India. While some digital assets seem to have potential, like the Central Bank Digital Currencies (CBDCs) and blockchain-based financial applications, a blanket prohibition has been enforced on private cryptocurrencies.

However, in more recent trends, the landscape is changing as the RBI's CBDC is to provide a state-backed digital alternative to cash under a more structured regulatory framework. This move seeks to balance state control with innovation on investor safety and compliance, expecting to reduce risk and enhance security for investors by enacting strict anti-money laundering and know-your-customer laws. Highlighting these developments is important to examine how global regulatory trends influence India's digital asset policies.

Impact of Global Development on India’s Approach 

Global regulatory developments have an impact on Indian policies on digital assets. The European Union's Markets in Crypto-assets (MiCA) is to introduce a comprehensive regulatory framework for cryptocurrencies that could act as an inspiration for India. MiCA regulation covers crypto-assets that are not currently regulated by existing financial services legislation. Its particular focus on consumer protection and market integrity resonates with India in terms of investigating needs related to digital assets, including fraud and price volatility. Additionally, evolving policies in the US, such as regulating crypto exchanges and classifying certain tokens as securities, could also form the basis for India's regulatory posture.

Collaboration on the international level is also a chief contributing factor. India’s regular participation in global forums like the G20, facilitates an opportunity to align its regulations on digital assets with other countries, tending toward an even more standardised and predictable framework for cross-border transactions. This can significantly help India given that the nation  has a huge diaspora providing a critical inflow of remuneration.

CyberPeace Outlook

Though digital assets offer many opportunities to India, challenges also exist. Cryptocurrency volatility affects investors, posing concerns over fraud and illicit dealings. A balance between the need for innovation and investor protection is paramount to avoid killing the growth of India's digital asset ecosystem with overly restrictive regulations.

Financial inclusion, efficient cross-border payments with low transaction costs, and the opening of investment opportunities are a few opportunities offered by digital assets. For example, the tokenisation of real estate throws open real estate investment to smaller investors. To strengthen the opportunities while addressing challenges, some policy reforms and new frameworks might prove beneficial. 

CyberPeace Policy Recommendations

• Establish a regulatory sandbox for startups working in the area of blockchain and digital assets. This would allow them to test innovative solutions in a controlled environment with regulatory oversight minimising risks.
• Clear guidelines for the taxation of digital assets should be provided as they will ensure transparency, reduce ambiguity for investors, and promote compliance with tax regulations. Specific guidelines can be drawn from the EU's MiCA regulation.  
• Workshops, online resources, and campaigns are some examples of initiatives aimed at improving consumer awareness about digital assets, benefits and associated risks that should be implemented. Partnerships with global fintech firms will provide a great opportunity  to learn best practices.

Conclusion

India is positioned at a critical juncture with respect to the debate on digital assets. The challenge which lies ahead is one of balancing innovation with effective regulation. The introduction of the Central Bank Digital Currency (CBDC) and the development of new policies signal a willingness on the part of the regulators to embrace the digital future. In contrast, issues like volatility, fraud, and regulatory compliance continue to pose hurdles. By drawing insights from global frameworks and strengthening ties through international forums, India can pave the way for a secure and dynamic digital asset ecosystem. Embracing strategic measures such as regulatory sandboxes and transparent tax guidelines will not only protect investors but also unlock the immense potential of digital assets, propelling India into a new era of financial innovation and inclusivity.

References

• https://www.weforum.org/agenda/2024/10/different-countries-navigating-uncertainty-digital-asset-regulation-election-year/ 
• https://www.acfcs.org/eu-passes-landmark-crypto-regulation 
• https://www.indiabudget.gov.in/budget2022-23/doc/Finance_Bill.pdf 
• https://www.weforum.org/agenda/2024/10/different-countries-navigating-uncertainty-digital-asset-regulation-election-year/
• https://www3.weforum.org/docs/WEF_Digital_Assets_Regulation_2024.pdf 

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