Regulating new and emerging technologies have never been easy. Till now, the norm has been that a new tech would burst into the scene, and then, a government would try to grapple with it. For instance, the call for regulation on cryptocurrency and generative AI followed a similar trend.
To break this cycle, in the upcoming Digital India Bill, the government may bring in provisions that would prohibit (by notification) certain new and emerging technologies if they are likely to cause harm to users, discriminate against a group, or if it poses a threat to national security.
The consequences of developing a prohibited emerging technology can also be severe. According to information available with Moneycontrol, if a developer or a deployer establishes a new technology despite the government restricting it, then the government may penalise both.
This comes at a time when there is a massive buzz regarding technologies such as Generative AI. While technologies such as Gen AI have proved to be significantly useful, there are also concerns of privacy and cyber security associated with it. The US Federal Trade Commission (FTC) recently opened an investigation into ChatGPT maker OpenAI.
Also read: Digital India Bill may bring in guardrails against AI algorithms, offer opt-out rights
The upcoming Digital India Bill will replace the over-two-decades-old Information Technology Act and provide comprehensive oversight mechanisms over the digital landscape.
Other consequences
Apart from penalising a developer and publisher of a prohibited technology, the government is also likely to bring in blocking provisions for restricting access of the technology to the public.
New technologies will likely have to be compliant with the Digital India Bill at all times. If at any stage, it is not complaint then the government may direct the developer of a new technology to temporarily discontinue its deployment, Moneycontrol has learnt.
However, the developer can make a request to the government to reconsider its decision after making modifications to the new technology.
Moneycontrol has reached out to Ministry of Electronics and Information Technology with queries in this regard and the article will be updated when a response is received.
Rules on restricting tech
After the bill comes into force, the government may prescribe rules in relation to development and deployment, which would take into consideration factors such as purpose of the new tech; nature and design of the emerging technology; potential harms it can cause; and so on.
The government may also make it mandatory for a new piece of technology to be deployed, only for the purpose it has been developed.
What we know about Digital India Bill
The Digital India Bill has been under development for over a year, and it is finally set to be released soon for consultation, before it is taken up in the Parliament later for consideration.
As of now, the government has taken up two pre-consultation meetings in Bengaluru and Mumbai on the principles of the bill.
During these meetings, Minister of State for Electronics and Information Technology Rajeev Chandrasekhar had said that the government was considering removal of the safe harbour provision for internet intermediaries in the bill.
The safe harbour provision gives internet platforms legal immunity against content shared by users on the platforms that was allowed by the IT Act, which the forthcoming Digital India Act seeks to replace.
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