TUESDAY, MAY 07, 2024
Team Herald
Messaging giant WhatsApp has declared its readiness to exit India if compelled to breach encryption standards mandated by the 2021 Information Technology Rules. The company's stance emerged during a hearing at the Delhi High Court where it, alongside its parent company Meta, contested a provision in the rules empowering the Indian government to demand decryption and identification of message originators.
The contentious provision under scrutiny is Rule 4(2) of the 2021 Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, which mandates significant social media platforms to facilitate the identification of the first originator of information. WhatsApp vehemently opposes this rule, arguing that it infringes upon users' fundamental rights enshrined in Articles 14, 19, and 21 of the Indian Constitution, pertaining to equality before law, freedom of speech, and protection of life and personal liberty, respectively.
During the proceedings, WhatsApp's legal counsel emphasized the grave implications of complying with the decryption mandate, asserting, "As a platform, we are saying, if we are told to break encryption, then WhatsApp goes." The company underscored the indispensability of encryption for user privacy and security, stressing that implementing the rule would necessitate compromising this vital feature. Moreover, WhatsApp highlighted the absence of similar regulations elsewhere globally, further underscoring the uniqueness and potential adverse impact of the Indian government's directive.
"WhatsApp will have to break the encryption. Otherwise, it won’t be possible to trace the originator. Billions and billions of messages may have to be stored for ‘n’ number of years, because there is no limit here," the company argued, elucidating the impracticality and enormity of the compliance burden imposed by the rule.
