Context: A report titled ‘The Artificial Imposter’ published in May 2023 revealed that 47% of surveyed Indians have either been a victim or knew someone who had fallen prey to an AI generated voice scam. The numbers are almost twice the global average of 25%. Even as several cases went unreported, India has topped the list with the maximum number of victims to AI voice scams.
AI generated voice scam:
- Voice clone: A voice clone is a synthetic audio/ deep fake created using generative AI tools which are trained on sample audio of a person. To create a clone, a source audio is needed which can be anything from an Instagram story to a YouTube video or even a short conversation on the phone.
- Voice data acquisition: Scammers can acquire someone's voice data from publicly available sources like social media videos, voicemails, or even just a few seconds of conversation.
- Voice cloning software: Using this data, they can then employ specialised AI software that analyses the voice patterns, tone, and inflection, and creates a replica that sounds eerily similar to the original. E.g., Using softwares Murf, Resemble, Speechify etc.
Concerns:
- Increased scams: Voice cloning adds a layer of realism to scams, making them harder to detect, especially for emotionally vulnerable individuals. These cloned voices are then used in various scam scenarios, including:
- Emergency scams: A cloned voice of a family member, friend or known person might create urgency for help after a supposed accident, or being in urgent need for money, tricking the victim into sending money.
- Impersonation scams: Scammers can impersonate anyone – bank officials, customer service representatives etc. – to gain access to sensitive information or financial accounts.
- Privacy concerns: Using voice cloning technology without proper consent or authorisation can potentially infringe on privacy rights and intellectual property laws.
- The report found that 86% Indians were prone to sharing their voice data online or via voice notes at least once a week which has made these tools potent.
- Ease of acquiring voice data from online sources raises serious privacy concerns, making individuals vulnerable to these scams.
Regulatory mechanism:
India currently lacks specific laws directly addressing voice cloning. However, existing legal frameworks can be applied to address its misuse, depending on the context and intent.
Privacy:
- Information Technology Act, 2000: This act protects sensitive personal information, including voice recordings. Unauthorised recording or dissemination of someone's voice without consent could violate this law.
- Right to Privacy: Recognised by the Supreme Court, the right to privacy as a fundamental right protected under Article 21, extends to voice data and its protection against unauthorised access and misuse.
Impersonification:
- Section 66D of the IT Act of 2000 provides a provision to prosecute individuals who use communication devices or computer resources with malicious intent, to cheat or impersonate someone, which can result in imprisonment for up to three years and/or a fine of up to ₹1 lakh.
Intellectual Property:
- Copyright Act, 1957: While the act primarily covers literary and artistic works, some interpretations suggest it might encompass distinctive voices of celebrities or public figures. Misappropriation of such voices for commercial gain could be challenged under copyright.
- Trademark Act, 1999: If a voice is used as a trademark associated with a brand or individual, its unauthorised use could constitute trademark infringement.
Fraud and Deception:
- Indian Penal Code (IPC): Sections related to cheating, forgery, and impersonation can be applied if voice cloning is used to deceive someone for financial gain or other malicious purposes.