By Sahil Dhamija
Published on: December 14, 2023 at 00:10 IST
Artificial Intelligence (AI) is a rapidly advancing internet- enabled technology, which has a big impact on our daily lives. AI refers to an artificial creation of the human brain that has the capacity to learn, plan, solve problems and comprehend natural language. With these traits, AI can be easily practiced to decision making purposes and logical aspects.
There are five major categories in AI which can be listed as Robotics, Expert Systems, Neural Networks, Natural Language Processing and Fuzzy Logic. The majority of individuals agree that AI cannot improve the profession of law.
The main argument that they take to attest this idea is decision making, debating and analysis cannot be done through Machine Learning. Artificial Intelligence has emerged as a force, shaping the digital landscape and revolutionizing industries. However, this advancement comes with a dark underbelly also known as Artificial Intelligence which is increasingly wielded as a weapon in cybercrime.
This article explores the intricate dance between AI and cybercrime, tracing its evolution, examining the most recent updates, delving into how AI operates as a double edge sword.
Evolution of Artificial Intelligence
Cyber criminals have not wasted any time in utilizing the advantages offered by Artificial Intelligence to enhance their capabilities and evade organisations’ defences. AI has enabled attackers to automate and scale their attacks more effectively, either by generating more sophisticated phishing or vishing attacks (a phishing scam that occurs through a phone call or voice message using a synthetic voice) or automating tasks like scanning an organisation’s exposed perimeters, exploiting vulnerabilities in real time, and changing the execution of different exploits based on the vulnerabilities found.
The evolution of AI in cybercrime is marked by a relentless pursuit of innovation on both sides of the digital divide.Artificial Intelligence (AI)-driven automated systems have simplified and improved the scalability and efficiency of cyberattacks.
Cybercriminals use AI to plan and execute a variety of assaults ranging from phishing, and the creation of malware that is adaptive enough to get past defenses against more convenient forms of protection.
The use of AI by defenders for cybersecurity results in an ongoing tug-of-war in the digital realm. In addition to democratizing technological capabilities, the development of AI has made digital ecosystem security more difficult.
The varied applications of AI in cyberthreats are highlighted by recent developments. The prevalence of identity theft is rising, thanks in part to AI algorithms. Machine learning- driven deepfake technology can produce believable impersonations that cause identity theft and harm to one’s reputation. AI- driven large scale distributed denial-of-service assaults demonstrate how these technologies may instantly adjust to countermeasures.
The legal system, law enforcement, and policymaking cannot function well in the current dynamic environment without a grasp of these modern tendencies. The term “deepfake” refers to the mash-up of “deep learning” with “fake media,” which describes the application of AI to artificially create or modify audiovisual content that looks real. This technique is already being used by cybercriminals to create non-consensual pornography of celebrities or spread political misinformation.
It is seen that Hackers are using Machine Learning (ML) and AI to enhance algorithms that guess users’ passwords. While some password-cracking algorithms already exist, hackers will be able to examine massive password datasets and produce a variety of password combinations.
Apart from password cracking, cybercriminals are employing AI to automate and improve a variety of hacking activities. AI algorithms make it possible to construct adaptive malware, detect and exploit intelligent system flaws, automate vulnerability assessment, and more.
AI has the potential to breach an organization’s software or hardware supply chain by introducing harmful code or components into authentic goods or services.
AI: The double edged sword
Artificial intelligence (AI) plays a significant and dual role in the realm of cybercrime, acting as both a weapon for malicious actors and a defense mechanism for cybersecurity professionals. Here’s a breakdown of the double-edged sword that AI presents in the context of cybercrime:
AI as a Weapon in Cybercrime:
1. Automated Attacks:
Malicious actors leverage AI to automate and enhance various cyber attacks. For example, AI-driven tools can be used to conduct more sophisticated and targeted phishing campaigns, taking advantage of machine learning algorithms to craft convincing and personalized messages.
2. Advanced Persistent Threats (APTs):
AI enables the development of APTs, where attackers can use machine learning algorithms to adapt and evolve their strategies based on the target’s defenses. This makes it challenging for traditional security measures to detect and prevent such persistent threats.
3. Evasion Techniques:
Attackers employ AI to create evasion techniques that enable them to bypass security systems. AI can be used to develop malware that can constantly change its code and behavior, making it difficult for signature-based detection systems to keep up.
4. Deepfakes and Social Engineering:
AI-driven deepfake technology allows cybercriminals to create realistic and deceptive content, such as forged videos or audio recordings. This can be used for social engineering attacks, tricking individuals or organizations into taking actions they wouldn’t otherwise.
AI as a Defense Against Cybercrime:
1. Threat Detection and Prevention:
AI-powered cybersecurity solutions excel at threat detection and prevention. Machine learning algorithms analyze vast amounts of data to identify patterns and anomalies, helping in the early detection of potential cyber threats.
2. Behavioral Analysis:
AI enables behavioral analysis of network traffic and user activities. By learning the typical behavior of users and systems, AI can detect deviations that may indicate a security incident, allowing for quick response and mitigation.
3. Automated Incident Response:
AI-driven incident response systems can automate the identification and containment of security incidents. This reduces the response time to cyber threats, limiting the potential damage caused by a breach.
4. Vulnerability Management:
AI helps in identifying and patching vulnerabilities in software and systems. Automated vulnerability management systems powered by AI can analyze large datasets to prioritize and address potential weaknesses in a more efficient manner.
5. User Authentication:
AI is utilized in biometric authentication systems for enhanced security. Facial recognition, voice recognition, and other biometric methods powered by AI contribute to more robust and user-friendly authentication processes.
Landmark Cases
In the legal realm of Artificial Intelligence (AI), several landmark cases have illuminated the multifaceted dynamics surrounding the misuse and protection of personalities, images, and attributes. Here are notable instances where the judiciary has navigated the intricate intersection of AI and legal rights:
1. Anil Kapoor vs Simply Life India and Ors (CS(COMM) 652/2023):
Renowned actor Anil Kapoor sought protection against the misuse of his name, image, and persona, particularly through AI-generated deepfakes. The Delhi High Court, recognizing the threat posed by AI tools, issued an ex-parte injunction, restraining sixteen entities from exploiting the actor’s attributes for financial gain or commercial purposes.
2. Amitabh Bachchan vs Rajat Negi and Ors (CS(COMM) 819/2022):
The legendary Amitabh Bachchan, asserting his ‘publicity rights as a celebrity,’ took legal action against unauthorized use of his persona by defendants promoting goods and services. The court granted an ad interim in rem injunction, safeguarding Bachchan’s personality rights, including voice, name, image, and likeness, from unauthorized commercial use.
3. Titan Industries Ltd. vs M/S RamKumar Jewellers (CS(OS) 2662/2011):
Titan Industries pursued legal recourse against copyright infringement, misappropriation of personality rights, and passing off damages. The court, in response, issued a permanent injunction, restraining the defendant from infringing the copyright in Tanishq diamonds’ advertisement and misappropriating the personality rights of celebrities Amitabh Bachchan and Jaya Bachchan.
AI in Contemporary Advertising:
1. Pepsi’s Deepfake featuring Salman Khan (2019):
Pepsi ingeniously employed a deepfake of actor Salman Khan’s 1989 character Prem, seamlessly integrating it with his current self for an ad narrative. This creative use of AI showcased the potential for reviving iconic personas in modern marketing.
2. Ageas Federal Life Insurance’s Deepfake of Sachin Tendulkar (2020):
Ageas Federal Life Insurance crafted a deepfake featuring an 11-year-old version of cricketer Sachin Tendulkar engaging in a conversation with his adult self. This AI-driven campaign showcased the innovative use of technology to evoke nostalgia and capture audience attention.
3. Zomato’s GPS-Triggered Deepfake Ad with Hrithik Roshan (2021):
Zomato utilized AI to create a deepfake ad featuring actor Hrithik Roshan expressing cravings for specific dishes from popular restaurants in various cities. The ad employed GPS data to customize content based on the viewer’s location, highlighting the AI’s potential for personalized and targeted advertising.
These cases and contemporary examples underscore the legal intricacies surrounding AI applications, from protecting individual rights to exploring innovative avenues in advertising. The judiciary’s role remains pivotal in striking a balance between harnessing the benefits of AI-driven creativity and mitigating potential risks and infringements.
Need for provision related To AI in Law
Although it is a positive move to handle classic cyber risks, the current legal framework is unable to keep up with the fast changing nature of offenses driven by Artificial Intelligence. It is essential that special legislative measures be put in place to address cybercrimes involving AI. Laws must be flexible in order to accommodate the sophisticated strategies used by hackers to use AI for illegal purposes. To guarantee that the law continues to be an effective weapon in the fight against new cyberthreats, a proactive approach to legislative revisions is necessary.
Conclusion
In conclusion, while AI empowers cybercriminals to conduct more sophisticated and automated attacks, it also serves as a crucial tool for cybersecurity professionals to detect, prevent, and respond to cyber threats effectively. The ongoing battle between AI-driven cyber attacks and AI-enhanced cybersecurity measures underscores the need for continuous innovation and adaptation in the field of cybersecurity.
In conclusion, the mutually beneficial relationship between AI and cybercrime is a challenging and dynamic issue. Legislative updates are essential if the legal systemis able to successfully tackle cybercrimes related to Artificial Intelligence.
References
- (PDF) Artificial Intelligence and Law
- Cyber Security Evolution: AI as a Tool for Attack and Defence (telefonicatech.com)
- AI And Cybercrime Unleash A New Era Of Menacing Threats (forbes.com)
- The Use of Artificial Intelligence to Curb Cyber Crimes in India (legalserviceindia.com)
- Titan Industries Ltd. vs M/S Ramkumar Jewellelrs on 26 April, 2012 (indiankanoon.org)
- Anil Kapoor vs Simply Life India & Ors on 20 September, 2023 (indiankanoon.org)