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WhatsApp challenges Indian Government's encryption demand
Delhi High court heard WhatsApp's defense against mandated traceability
Representative image / Image - Unsplash
WhatsApp has firmly asserted its stance in the ongoing legal battle over user privacy in India, stating that it would rather exit the country than compromise on encryption.
The messaging giant, represented by its parent company Meta (formerly Facebook), expressed its unwavering commitment to safeguarding user privacy amidst a legal dispute with the Indian government.
In a hearing before the Delhi High Court, WhatsApp reiterated its refusal to comply with Rule 4(2) of India's Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. This provision demands that WhatsApp break encryption to enable access to messages and calls, a move vehemently opposed by the company.
Advocate Tejas Karia, representing WhatsApp, stressed that WhatsApp's appeal lies in its commitment to user privacy and end-to-end encryption. He argued that enforcing the rule to identify the first originator of information would infringe upon users' privacy rights and was introduced without adequate consultation.
Karia pointed out the practical challenges posed by the rule, stating that it would require WhatsApp to retain large amounts of message data for extended periods, a requirement not seen in other countries. The court asked if similar laws exist elsewhere, to which Karia responded negatively, indicating that such demands have not been made even in jurisdictions like Brazil.
On the other hand, the government emphasized the need for mechanisms to trace message origins, citing instances where WhatsApp faced scrutiny before the US Congress. WhatsApp likened the requirement to maintaining a fingerprint of every message, which undermines the essence of secure communication.
The court acknowledged the need to strike a balance between privacy and traceability concerns and adjourned the matter to August 14, scheduling it alongside related cases transferred from the Supreme Court. The Ministry of Electronics and Information Technology reiterated the importance of implementing the IT Rules 2021 to aid law enforcement in combating the spread of fake messages, which could potentially disrupt societal peace and harmony.
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