WhatsApp has challenged Information Technology Rule 4(2) of the 2021 IT
WhatsApp is in a legal battle with the Indian government over a new regulation that could force the platform to break its end-to-end encryption. This encryption is a key privacy feature that scrambles messages so only the sender and receiver can see their content.
The Indian government's 2021 Information Technology Rules require social media platforms to identify the "first originator" of messages upon request from a legal authority. WhatsApp argues that complying with this rule would compromise user privacy and render end-to-end encryption useless.
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The company has even gone as far as threatening to shut down its operations in India if the court upholds the regulation.
A Delhi High Court judge acknowledged the importance of privacy but stressed the need for a balance between security and user rights. The case is ongoing, with the next hearing scheduled for August 14th.
What is end-to-end encryption?
According to the messaging platform's blog, "WhatsApp's end-to-end encryption is used when you chat with another person using WhatsApp Messenger. End-to-end encryption ensures only you and the person you're communicating with can read or listen to what is sent, and nobody in between, not even WhatsApp. This is because with end-to-end encryption, your messages are secured with a lock, and only the recipient and you have the special key needed to unlock and read them. All of this happens automatically; there is no need to turn on any special settings to secure your messages."
What are the new IT Rules 2021?
The new Information Technology Rules (IT Rules) 2021 aim to regulate social media platforms and online gaming in India.
Social Media:
Who's Covered? The rules apply to "social media intermediaries" (SMIs), which include major platforms like WhatsApp, Twitter, and Facebook.
Focus on User-Generated Content: SMIs are responsible for ensuring content posted on their platforms adheres to certain guidelines. This includes avoiding content that is obscene, hateful, or violates someone's privacy. Additionally, content that threatens national security or promotes illegal activities is prohibited.
Identifying Message Origin: A key point of contention is the rule requiring SMIs to identify the "first originator" of messages upon request from legal authorities. WhatsApp, for example, argues this requirement breaks their end-to-end encryption, a privacy feature.
Online Gaming:
New Player in the Game: The IT Rules now cover "online gaming intermediaries," which are platforms that facilitate online games.
Focus on Responsible Gaming: Wagering, or betting on the outcome of online games, is strictly prohibited. However, playing games for real money is still allowed, with regulations defined for such games.
Self-Regulation: The amendments introduce the concept of "self-regulatory bodies" for the online gaming industry. These organisations will be responsible for ensuring compliance with the rules.
Overall, the IT Rules attempt to strike a balance between user privacy and national security concerns in the digital age. The regulations regarding identifying message originators and the future of self-regulation in online gaming are still evolving and face legal challenges.