CYBER LAWS AND EMERGING USE OF ARTIFICIAL INTELLIGENCE
Digital technology is developing at an amazing rate in the future, and this trend is only expected to continue. Everything is advancing quickly thanks to digitization, including business, media, fashion, new services, and so on. Because the service provider is able to deliver it, the consumer receives what they need right away. The digital age has many advantages and conveniences, but there are also a lot of drawbacks. One of the most significant and damaging concerns it poses is the increased risk to our personal information. There have been a few incidents of identity theft, money loss, and cyber threats over the previous ten years or so. Data breaches have an effect on everyone, every company, and every government because they occur regularly.
As civilization gets closer to a moment when malicious hackers will be able to achieve their goals at any time, anywhere on the planet, the need for cybersecurity has never been more urgent. Hackers or online swindlers may discover, change, or disrupt a user's device or network in an unauthorized manner during a normal cyberattack. Technology is capable of being designed, built, and computed in a way that affects computer networks and systems, disrupting interdependent operations
Despite the truly incredible opportunities of AI, there is a serious risk that enemies may arm it and use it to amplify and expand their own threats. The use of AI by hackers to massively automate cyberattacks is one of its main issues. Right now, our invaders use human capital to organize and organize their attacks. The use of AI and machine learning will change cybersecurity and cybercrime, and not in a good way, if and when they become more effective.
One of the crucial issues is that although developers can use AI and machine learning to offset human resource shortages and reduce cybersecurity costs, hackers may do the same. Cybersecurity would become far more vulnerable and hackers would have much less money because of the drastic reduction in the funds and resources needed to implement and handle such threats. New types of cyberattacks could also lead to further advancements in AI.
AI is also far faster and more powerful than humans at breaking into a machine's security. AI can be used to mask attacks so effectively that the victim of such an attack will never be aware that their machine or network has been compromised. The significant increase in recent cyberattacks, the appearance of new threats, and the variation in the nature of current threats are thus the three main effects of AI on the threat environment. Any breakthrough or technique that gives cybercriminals a competitive advantage over cybersecurity defenses can be easily adopted by them. The latest effect involves defending against "solid" AI—where intruders use systems that operate, think, and act like humans—as well as against "ineffective" or "restrictive" AI—where systems are modeled on human actions to perform specific tasks. According to initial scenario studies and reports, the general public is already experiencing this effect.
Although there are no particular data protection rules in India, Sections 43A and 72A of the Information Technology Act protect personal data. Similar to General Data Protection Regulation, it provides a right to compensation for unauthorized disclosure of personal information.
The right to privacy was deemed a fundamental right protected by the Indian Constitution in 2017 by the Supreme Court. The Ministry of Electronics and Information Technology established four committees to focus on and examine various AI ethical issues. Based on a draft data protection statute, a Joint Parliamentary Committee is now debating the PDP Bill (Personal Data Protection Bill) 2019. The measure will be enacted into law once it has been approved by both chambers of Parliament
In India, the use of AI is progressing more quickly than the laws put in place to control it. Using AI technology, industries have now started the process of upskilling their workforce. The recently released New Education Policy places a strong emphasis on starting to teach coding to pupils as early as Class VI. In the coming years, India will serve as a center for cutting-edge AI technologies.
Perhaps the first law firm in India to apply AI, which is largely used to assess and improvise contracts and other legal documents, is Cyril Amarchand Mangaldas. During a gathering that the Supreme Court Bar Association (SCBA) organized. However, in developing nations like India, resistance to this new trend may prevent the regularization of AI usage. There is also concern that AI could have negative effects, especially in an undeveloped country like India, where the majority of people are ignorant and living in poverty.
Information security is increasingly dependent on AI and machine learning, which can quickly analyze millions of data sets and identify a wide range of cyberthreats, from malware threats to suspicious behavior that could lead to scams. AI is the best cybersecurity solution for companies today that want to succeed online. For security professionals to perform effectively and defend their businesses from assaults, sophisticated technologies like AI are essential. An important component of India's legislative framework for cyber law is the Information Technology Act of 2000. The parent legislation is what aims to establish sanctions for various cybercrimes. The regime of India's cyber laws has been shaped by some historical rulings, and a few key judgements.
In the matter of Shreya Singhal v. UOI AIR 2015 SC 1523, two women were detained for allegedly posting offensive comments on Facebook about Mumbai being shut down completely following the death of a political figure. According to Section 66A of the IT Act, anyone found to have distributed offensive, misleading, or otherwise harmful material through the use of a computer resource or communication faces a prison sentence.
. In a petition, the women argued that Section 66A of the IT Act is unconstitutional because it violates their right to free speech and expression. Before the Supreme Court, Section 66A of the IT Act's legality was contested. The court held that section 66A is unclear, violates the right to free speech, and includes innocent speech in its purview. It amended the IT Act, 2000 to eliminate an arbitrary clause and supported Indian citizens' fundamental right to free speech. It was of the opinion that even after section 66A is repealed, provisions in the Indian Penal Code, 1860 will still be applicable, prohibiting speech that is racist, insults a woman's modesty, promotes hostility, uses abusive language, intimidates criminals, is racist, etc.
Moreover, In case of State of Haryana v. Shamsher Singh Verma, 2015 SCC Online SC 1242 After having his request to display the Compact Disc submitted to the court for defense and to have it proven by the Forensic Science Laboratory rejected by the HC, the accused filed an appeal before the SC. The question was whether, in accordance with Section 294 (1) of the CrPC, a Compact Disc requires a personal acknowledgment or denial from the complainant or witness regarding a document. The Supreme Court reached the decision that, in accordance with Section 294 (1) of the CrPC, a document does not have to be personally admitted or denied by the accused, complainant, or witness in order for it to be accepted. For the sake of law enforcement, AI and robotics are novel ideas, and there are knowledge gaps that need to be filled to prevent law enforcement from lagging behind.
An effective approach for coordinating and combating illegal activities involving the misuse and abuse of AI technologies is the establishment of national task forces on cybercrime, made up of representatives of the judiciary, law enforcement, and global service providers. These task forces should be connected to the work of the criminal justice authorities to explicitly combat cybercrime and may be described within the context of national AI plans
By: Radhika Agarwal
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