WhatsApp files a lawsuit in the Delhi High Court against the Indian Government’s new digital rules that take effect today. The instant messaging platform says these new rules would compel it to break privacy protections to users. Moreover, the new regulations could also allow authorities to make people’s private messages “traceable,” and conduct mass surveillance. We already know that the platform considers India as its biggest player in terms of user usage. On the other hand, Facebook and Twitter yet to comply and reply on the same.
“Requiring messaging apps to ‘trace’ chats is the equivalent of asking us to keep a fingerprint of every single message sent on WhatsApp. This would break end-to-end encryption and fundamentally undermines people’s right to privacy”.
WhatsApp in a statement today
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WhatsApp, Instagram, FB and Twitter Yet To Comply
To recall, the Indian Government asked WhatsApp to make software changes to make the originator of a message traceable first-time in 2018. However, this happened during the false information spread in India, where the circulation of such information had resulted in multiple real-life casualties. Although it was a suggestion at first now it has become law. In addition to the traceability requirement, it also requires social media firms to appoint several officers in India to address on-ground concerns. Moreover, this will also give authorities greater power overtaking down posts it deems offensive.
Whereas, Facebook said it “aims to comply” with the new rules. But added that it wants to discuss some “issues which need more engagement”. Twitter is yet to comment as it is already in controversy for a tweet. However, WhatsApp is the only one that has made this unusual move. “We have never seen a company sue the Indian government for asking for information,” said Jayanth Kolla, chief analyst at consultancy firm Convergence Catalyst. “We have seen companies push back, but they have never explored legal options in the past”.
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On the other hand, WhatsApp is already fighting another case over its new privacy rules against the Indian Government. It is asking the instant messaging platform to withdraw its new terms.
What is the issue with the new regulations from the Centre?
The debacle stands again in with the traceability requirement by the Centre. It would require WhatsApp to help the Centre identify the originator of a particular message. This will, in turn, violate citizens’ constitutional right to privacy. Civil society and technical experts around the world have consistently argued that a requirement to ‘trace’ private messages would break end-to-end encryption and lead to real abuse. Moreover, WhatsApp says it commits to protecting the privacy of people’s personal messages. They promise to continue to do all they can within the laws of India to do so.
Additionally, WhatsApp says messages on its platform are end-to-end encrypted. So to comply with the law it would have to break encryption for those who send and receive messages. It argues strongly against the traceability of messages. In addition, officials say “other parts of the government” have also taken issue with the traceability requirement. For your information, end-to-end encryption is designed to help ensure that nobody other than the receiver can see a particular message. However, this will be the exact opposite of it which will reveal who sent what to whom, according to officials.
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The traceability will force private companies to collect and store who-said-what and who-shared-what for billions of messages sent each day. In the end, it means collecting more data than they need only for the purpose of turning it over to law enforcement agencies.
Akhil Kapoor
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