Remedy worse than Malaise

GS 3: Information Technology

Context

Deepfakes pose a challenge to the vital role that messaging services like WhatsApp and Signal, along with video services like YouTube, play in mediating the flow of information to consumers.


Recommended Actions

· Rules of the Central Government: The 2021 Information Technology Intermediary Guidelines' Rule 4(2) is being considered for implementation by the national government. Major social media messaging services must be able to identify the "first originator of the information" on their platform, according to this regulation.

· Problems with Deep Fakes: Via the use of sophisticated AI techniques, credible deepfakes can be produced, endangering the fairness of elections.

· Law enforcement versus Encryption: Law enforcement agencies consider end-to-end encryption as a challenge to protecting communication privacy. However, the specifics of implementation are critical to efficacy.

Concerns

· Wide Interpretation of the Grounds: Restrictions on public order have been implemented in a variety of settings, which may result in undue intervention.

· "First Originator" not clearly defined: The word "first originator" is not clearly defined, which leaves space for misunderstandings and possible abuse.

· Privacy Is Violated for Every User: The maintenance of message origin logs is necessary for traceability, which jeopardizes the privacy of all messaging users.


Possible Repercussions

· Legal Challenges to Rule 4(2): The Tripura High Court recently stayed an order in relation to a dispute involving Rule 4(2).

· Judicial intervention: Courts note possible legal obstacles and stress the necessity to prove a threat to public order prior to applying the rule.

· Possible Floodgates of Message Traceability: This might have far-reaching effects on privacy that go beyond the issue it is meant to address.

LTX Mains Question:

Q. "Legal obstacles stand in the way of the possible difficulties in implementing Rule 4(2) of the 2021 Information Technology Intermediary Guidelines in combating political deep fakes." How does this rule strike a compromise between privacy and security needs?

{{Mounica Sukhavasi}}

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