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ROLE OF AI IN CYBER CRIME AND HAMPERING NATIONAL SECURITY BY: AKANKSHA CHAUHAN
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ROLE OF AI IN CYBER
CRIME AND
HAMPERING NATIONAL
SECURITY
AUTHORED BY: AKANKSHA CHAUHAN
Qualification: B.A LLB (Hons), M.A
Security and Defence Laws
Emergence of Cyber Law
and Cyber Crime
The term ‘cyber’ is not
new as it can be traced back to 1984 when William Gibson first used the term
‘cyberspace’ in his science fiction novel ‘Neuromancer’. The author used the
phrase to describe the online world of computers.
For law the concept of
the internet was unsettling with one person accessing the website from one
location to another accessing it from another. The courts were forced to
revisit the question of jurisdiction. As the concept of the internet started
spreading, there arose a need to govern the internet known as ‘cyberlaw’.
Law is constantly trying
to catch up with the changing technology. The increasing use of technological
advancement has provided mankind with tremendous opportunities for growth,
development and at the same time it has also been serving as a breeding ground
for unethical and malicious activities. Such unscrupulous activities are always
one step ahead of the mechanism adopted by the law enforcing agencies. In
today’s world everyone is dependent on the computer which is now used to
create, transmit, retrieve and store information. The internet has opened a new
era for communication. It is widely used in the commercial as well as utility
services. Consequently, cybercrime will not only pose a threat for the
commercial world but will also hamper the interest of other communities.
Although there is no set definition for cyber crime yet in simple terms it may
be described as “Cybercrime is when someone uses computers or the internet to
do bad things, like stealing personal information, spreading viruses, hacking
into systems, or scamming people. It's like committing crimes, but in the
digital world instead of the physical one”.
Similarly, the term
‘cybersecurity’ does not have one rigid definition as well because of its
complex nature but, one of the most concise definitions can be “it is a body of
technologies, processes and practices which is designed to protect computer,
network, program and data from unauthorized access, disclosure, modification,
damage and attack”[1]It
denotes both physical security as well as the information stored therein.
Information Technology Act, 2000 also provides a similar definition where cyber security means “protecting
information, equipment, computer, computer resources, devices, communication
device and information stored therein from any unauthorized use, access,
modification, disclosure, disruption or destruction.
Rise of Artificial
Intelligence (AI)
The earliest substantial
work related to artificial intelligence was done in the mid of the 20th
century by Alan Mathison Turing a British logician and computer pioneer best
known for solving the Enigma code which was employed by the Germans during WWII
to transmit coded messages. Alan Turingcreated the Turing test in 1950. He
suggested using the Turing test to determine whether a computer (or machine) is
capable of thinking intelligently like humans. The initial half of the 20thcentury
was familiarised with the concept of artificial intelligence robots all thanks
to the “heartless” tin man from Wizard of the Oz, humanoid robot which
impersonated Maria in Metropolis and continued with human made, remote
controlled transformers who replace humans in dangerous situations to movies
depicting warfare between humans and artificial intelligence (I robot, The
matrix, The Terminator)
Technology is advancing
however law is also catching up. According to John McCarthy who coined the term
artificial intelligence (AI) in 1956 describes it as “the science and
engineering of making intelligent machines especially intelligent computer
programs. It is similar to the task of using computers to understand human
intelligence but the difference here is AI does not have to confine itself to
methods that are highly biologically observable”.[2] Undoubtedly AI has brought
enormous benefit to humanity over the last few decades and it is gradually
becoming a part of digital services that we use in our day to day life. The
government globally is considering the deployment of AI systems and
applications to facilitate the identification and prediction of crime more
concretely.[3]AI is the next step in the technological evolution
with its aim to surpass human intelligence, contrary to common perception of
sentient machines of killer robot which often crosses our minds when we think
of self sufficient thinking machines powered by artificial intelligence.
Rather, it also has the potential of transforming military effectiveness by
intelligently applying itself in matters of administration as well as decision
making. The little area where AI lags is where human brain has the potential to
multitask, abstract thinking gained by the eyes of evolution, researchers are
faced with such challenges in designing algorithms, which could mimic human
like behaviour in machines. While human brain is excellent in non- contextual
pattern recognition, machines are always context-dependent and can work mostly
on specific problems which revolve around similar pattern as a core feature
thus limiting its ability to infer vast amount of information that lay beneath
the surface of such patterns which only a human brain has an astonishing
ability to comprehend.
Use
of Artificial Intelligence (AI) in Cyber Crimes
It is
the year 2000, when the world met with extreme uncertainty and fear because of
such alleged software and hardware problems.[4] Yet
it is a year which has seen the beginning of what we now see as a massive
technological development. Today the ease of communication with anyone from
anywhere across the globe, the development of self driving cars[5],
growth of the internet[6],
various entertainment options, all of which once seemed like a farfetched dream
to many are now in our present reality.
The
significant development of AI like use of facial recognition technologies in
the criminal justice realm, use of drones, lethal autonomous weapon system
(LAWS) to self driving cars when not properly managed without proper oversight
has the potential to be used for disruptive purposes which could harm an
individual’s rights and freedom. AI and Machine learning (ML) has the capacity
to respond to cyberattacks more efficiently but due to its high cost and low
budgets of medium and small scale enterprises, it becomes a little difficult
for such entities to improve their cyber security capabilities to ward off such
imminent threats.
After the advent of
COVID-19, the world noticed a rise in the use of technologies and applications
based on AI for their day to day activities like remote work, distance
learning, online payments or simply streaming a video on demand. Unfortunately,
this situation also led to the rise of crimes where international organisations[7],
health sector[8],
supply chain companies[9] and
individuals were targeted. Through AI cybercriminals have not just found a
novel way to leverage their unlawful actives but have also found new
opportunities to conduct attacks especially designed to target government,
individuals or enterprises. They have witnessed the enormous potential of AI
and ML for criminal and disruptive purposes[10] and hence, organised criminal groups are now recruiting skilled
hackers to perpetrate their malicious agendas using cyber attacks and conduct
criminal actives anywhere in the world.[11]
A) Computer as a criminal
Tool
AI has been effectively
used for phishing and has been proven successful. One of the most common
methods to conduct a phishing activity is by profiling the target and sending
spam mails to the target. The concept of profiling is commonly studied in the business
industry. It is based on customer’s previous buying history which may be
instrumental for the attacker. The kind of AI program used for gathering
intelligence on the target is embedded in Chabot, as named by the previous
researchers.[12] It
has also been predicted that this chatbot would be used by the attackers to
scam customers.
B) Computer as a criminal
Target
AI has the speciality to
solve previously unsolved task at a lower cost and labour. There are certain
offences where the computer acts as the target, such offences are colloquially
known as ‘hacking’. Given the ubiquitous presence of computers and dependency
on the same, such offences create a potentially serious consequence. Crimes
where computer becomes the target of hacker, there is a risk such as theft of
intellectual property, blackmailing which is often done on the basis of
information gained from computerised files such as medical information,
personal history etc, sabotaging the critical operating systems and standalone
programs which form an integral part of a critical system such as a nuclear
test facility, national power grid etc. In all these crimes, the offender uses
the computer either to damage the operating system or obtain any information.
Unlawful access to government records and criminal justice is another crime
that targets computer directly. ‘Techno-vandalism’ occurs when there is an unauthorised
access to a computer which results in damage to a file, in such a case the
damage caused may be intentional or accidental. Another crime which falls under
this same category is ‘trespass’, in this case the intruder looks into the
personal files which violates the privacy of the owner. This would be
technological equivalent to criminal trespass. In all these offences, the
offender uses computer either to obtain information or damage any operating
programs.
How Artificial Intelligence (AI) is helping in
combating Cyber Crime
AI has now emerged as a
dependable alternative to face threats of the cyber world. ML and AI both
integrated are now being used to track unlawful and ill-intention activities.
AI in security system is frequently used to distinguish between the good and
the bad, more advanced system can go beyond this and can analyse large chunk of
data and assisting pieces together of connected activities that may signal
towards any suspicious behaviour by anonymous entities. AI has the potential to
foresee events and provide preventive actions when it comes to cybersecurity
furthermore, AI will be able to identify complex assaults, halt them and
prevent cyber criminals from any future attempt by establishing their
identities and taking action against them.
Artificial
Intelligence (AI) and
National security
Immense potential has
been shown by the Artificial Intelligence in military field in terms of
surveillance, cyber security, military logistics, autonomous vehicles and
Lethal Autonomous Weapons System (LAWS). The past decades has witnessed
exponential rise in the adoption of AI in both private and public sectors.
There are machines which are able to surpass human intelligence, for example,
world’s number one chess champion, Garry Kasparov was defeated by IBM Deep Blue
in the year 1996. However, this involves too many human inputs. There is still
a long way to go where systems will be capable enough to perform tasks which
would be similar to human level intelligence.
As per The US National
Security Commission on AI (NSCAI) “AI will be a source of tremendous power for
countries and companies which are ready to harness them”[13] Artificial Intelligence has
brought transformation in the domain of hybrid warfare[14] . Proliferation of AI is bringing changes not just in
information and economic domain but in military domain as well.[15]
Now AI is being widely used for image classification from drone, geospatial
data analysis, video and audio analysis as well as deep fakes. AI in today’s
world with such a vast amount of data pool can provide ample amount of
opportunities like:
1. Creation of autonomous and semi autonomous systems: AI
systems can collectively increase the geographical reach of the military, for
example: autonomous systems can be employed to further increase the border
security of the state without endangering the lives of soldiers and can be
incorporated in all major military vehicles including fighter aircrafts, naval
vessels and ground vehicles. Lethal Autonomous Weapon System (LAWS): they are
special class of weapons which use sensors and computer algorithms to
independently identify any target and can destroy targets without manual human
control.
2. Logistical ability: AI
can ensure continuous observation of border and can provide intelligent inputs
with regards to need for repairs.
3. Cyber operation: AI can
play as a key technology in future military cyber operations both in terms of
offensive and defensive capacity.
The global leaders are
employing AI in their national security, in the year 2017 China announced their
next generation plan with an aim to assume global leadership in AI innovation,
Valdimir Putin In 2019 made a statement saying “He who can establish monopoly
in artificial intelligence can truly rule the world”. These developments
highlights the importance that AI is assuming globally, as we are moving ahead
it is getting clearer how nation’s strength in AI is becoming intertwined to
its geopolitical standing. Keeping this in mind it is safe to assume that
success in AI has the potential to alter the current balance of power between
the nation states.
Use of Artificial Intelligence (AI) in hampering
National Security
Russia- Ukraine
Conflict:-
Today countries with
geopolitical conflicts are using AL and ML in cyberattacks, misinformation
campaigns to their advantage, this is apparent from the Russia-Ukraine
conflict. Russia has been suspected of using asymmetric warfare by involving in
AI based cyberattacks, electronic warfare and information weapons on the other
country’s infrastructure like electrical gridsand communication systems. Russia
previously also has been involved in using discreet mode of technology for
destabilising its opponent’s infrastructures. Russia is spearheading its AI
strategy with heavy investment in its military, state sponsored actors as well
as private sector. It is also suspected that with Russia’s more and more
adoptionin such futuristic technologies and modern battlefield capabilities wit
might outmatch US in areas of artillery, armour, air defence, space and cyber
space.[16]
AI plays a vital role in the field of information warfare
which is evident in the ongoing conflict, as AI helps in analysing vast amount
of open source intelligence from videos to telegram posts on troops and attack,
one major issue with use of such technology is deep fakes that uses AI
techniques to create realistic videos which can further aid in the launch of
disinformation campaigns. However, ML can detect such fake videos and hence
been used by various social media platforms as well. Russia has heavily used
three from information warfare against Ukraine which are:-
1.
Disinformation
2.
Cyber warfare
3.
Kinetic warfare
China growing its AI
capacity:-
China has a long history
of attacking government organisations, private sector, critical infrastructure
and human rights activist in India, it has been going on since 2008 when china
was accused of attempting to hack government organisations like the Ministry of
External Affairs and National Information Centre,[17]
DRDO[18]and
so on. India has been a victim of major Chinese espionage operations along with
other countries where its civil society, government, and private organisations
have been compromised. Keeping in mind the cyber conflict between Russia and
Ukraine with use of operations to target critical infrastructure along with
cyber espionage, India needs to have a robust strategy to not just detect but
to expose china’s cyber espionage campaign. What India needs right now, is to
reinforce intelligence gathering and enhance collaboration with private tech
companies that have the required expertise.
Conclusion:
With proliferation of AI, the weapons of wars are now
becoming more and more technologically equipped, which in turn is changing the
battlefield scenarios The anonymity with the use of AI based asymmetric warfare
like information warfare and cyber warfare allows countries to flex their
power, Furthermore this makes the impact more offensive by destabilising any
country without any geographical restrictions causing direct and more severe
impact on the economy of the country. AI will be the future of war, since it
plays a significant role in developing advanced autonomous system, any country
with indigenous development of such system will lead the battlefield as the
inconspicuous use of technology will the first step to disable the opponent’s
infrastructure. AI has enormous benefit in both military and civil uses but it
is essential for countries to invest more in such technological advancement in
order to protect itself not just from cyber threat but from security threat as
well.
[1]Badruddin and Anis Ahmad (2017), Cyber
Security Challenges: Some Reflections on Law and Policy in India, The Haryana
Police Journal,Volume 1 No. 1, October.
[2] McCarthy, J. "What Is Artificial
Intelligence ?". http://www- formal.stanford.edu/jmc/whatisai.pdf accessed
November 2, 2022
[3]Burgess, Matt, “Police
built an AI to predict violent crime. It was seriously flawed”, WIRED, https://www.wired.co.uk/article/police-violence-prediction-ndasaccessed
October 28, 2022.
[4]Known as the Y2K bug,
where the computer programmers feared that as the year 2000 approached the
computer might not be able t interpret the two digit code 00 as 2000 but as
1900. This resulted in fear that activates that were programmed on a daily or
yearly basis (interest rate, flight schedule, routine maintenance) could be damages. Y2K Bug, NAT’L GEOGRAPHIC,
http://www.nationalgeoggraphic.org/encyclopedia/Y2K-bug/
[5]California Department
of Motor Vehicles developed an Autonomous Vehicle Tester Program. Testing of autonomous vehicles, STATE OF
CAL. DEP’T OF MOTOR VEHICLES,
https://www.dmv.cagov/portal/dmv/detail/vr/autonomus/testing)
[6]Sensors and actuators
embedded in physical object_ from roadways to pacemakers-are linked through
wired and wireless networks, often using the same Internet Protocol (IP) that
connects the Internet. These network churn out huge volumes of data that flow
to computers for analysis. When objects can both sense the environment and
communicate, they become tools for understanding complexity and responding to
it swiftly.
Michael Chui et al., The
Internet of Things, MCKINSLEY&COMPANY (Mar. 2010),
http://www.mvkinsmckinsey.com/industries/high-tech/our-insights/the-internet-of-things
[7]“WHO reports fivefold
increase in cyberattacks, urges vigilance”World Health Organization (WHO)(April
23, 2020), available at: https://www.who.int/news/item/23-04-2020-who-reports-fivefold-increase-in-cyber-attacks-urges-vigilance
[8]“Cyber Attack Suspected
in German Woman’s Death”,The New York Times, September 18, 2020, available
at: https://www.nytimes.com/2020/09/18/world/europe/cyber-attack-germany-ransomeware-death.html.
[9]Supply Chain, “Lessons
Learned from the Vaccine Supply Chain Attack”,available at: https://www.supplychaindigital.com/supply-chain-risk-management/lessons-learned-vaccine-supply-chain-attack
[10]Prakarsh andKhanna R,
“Artificial Intelligence and Cybercrime- A curate’s Egg”, Medium, https://medium.com/the-%C3%B3pinion/artificial-intelligence-and-cybercrime-a-curates-egg-2dbaee833be1accessed
accessed October 28, 2022
[11]“The Dark Side of Latin
America: Cryptocurrency, Cartels, Carding and the Rise of Cybercrime”, INSIGHTS
p.6, : https://wow.intsights.com/rs/071-ZWD-900/images/Dark%20Side%20of%20Latin%20America.pdf. See also, “The Next, El Chapo is Coming for your
Smartphone”, https://www.ozy.com/the-new-and-the-next/the-next-el-chapo-might-strike-your-smartphone-and-bank/273903/.)
[12]J.Kietzmann, J. Paschen, and E. Treen,
‘‘Arti?cial intelligence in advertising: How marketers can leverage arti?cial
intelligence along the consumer journey,’’ J. Advertising Res., vol. 58, no. 3,
pp. 263–267, 2018.[47] J. Paschen, M. Wilson, and J. J. Ferreira,
‘‘Collaborative intelligence:How human and arti?cial intelligence create value
along the B2B salesfunnel,’’ Bus. Horizons, vol. 63, no. 3, pp. 403–414, May
2020
[13]Gorman
C, “Recent
Developments in AI and National Security: What You Need to Know”, Lawfare, 3 March 2022.
[14]Allen
G and Chan T, “Artificial Intelligence and National Security”, BelferCenter
for Science and International Affairs,
Harvard Kennedy School, 2017.
[15]Supra
[16]Peter
L. Jones, Ricky Waddell, Wilson Jr C. Blythe and Thomas Pappas, “Unclassified Summary of the US Army
Training and Doctrine Command Russian New Generation Warfare Study”, TRADOC Ft. Eustis United States, 2017.)
[17]Indrani
Bagchi, “China Mounts Cyber Attacks On Indian Sites”, The
Times of India, 5 May
2008.) PM’s Office in 2010 (Ashish Khetan, “Chinese Hackers Target PMO”, India Today, 14
January 2010.
[18]Mohit Kumar, “Chinese
Hackers Infiltrate Indian Defence Research Organisation”, The
Hacker News, 13 March 2013.
Article Information
ROLE OF AI IN CYBER CRIME AND HAMPERING NATIONAL SECURITY BY: AKANKSHA CHAUHAN
Authors: AKANKSHA CHAUHAN
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/04/04
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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