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Editorials In-Depth, 28 May

WhatsApp’s arguments in case against the new IT Rules 2021

General Studies- III (Challenges to internal security through communication networks)

Facebook-owned messaging platform WhatsApp is taking the Indian government to court over the traceability clause in the new IT Rules 2021.

  • The new IT rules include a traceability clause that requires social media platforms to locate “the first originator of the information” if required by authorities.
  • It should be noted that this rule will impact most messaging apps such as Signal, Telegram, Snapchat, Wire and others.
  • Signal is completely end-to-end encrypted (E2E) and, in fact, WhatsApp relies on the Signal protocol for its own encryption.
  • But given WhatsApp has close to 450 million users in India, the impact of this rule will definitely be significant on the platform.

What does WhatsApp’s lawsuit state?

WhatsApp is invoking the 2017 Justice K S Puttaswamy vs Union of India case to argue over the traceability clause.

In Puttaswamy case, Supreme Court ruled that the traceability provision is unconstitutional and against people’s fundamental right to privacy.

  • The plea states that the court should declare the traceability clause as “unconstitutional” and should not allow it to come into force.
  • It is also challenging the clause which puts “criminal liability” on its employees for non-compliance.

What has WhatsApp said about ‘traceability’?

WhatsApp has said that the requirement to ‘trace’ chats would be the “equivalent of asking us to keep a fingerprint of every single message sent on WhatsApp.”

  • This would mean that the platform will have to break end-to-end encryption, which is turned on by default for all messages.
  • Traceability would mean re-engineering the app just for the Indian market, which is unlikely to happen.
  • End-to-end encryption ensures that no third-party, not even the messaging app itself can track or read messages.

WhatsApp says it is all for “reasonable and proportionate regulations”, but cannot support ‘eroding privacy for everyone, violating human rights, and putting innocent people at risk’.

Why is WhatsApp against finding the originator of a message?

End-to-end encryption ensures that no one can read the message, except for the sender and the receiver. This includes WhatsApp itself.

  • Nor does the app keep a log of who is sending what message and to whom.
  • And given, it cannot read the contents of a message, finding the originator is even harder. Further many of the messages are just copied or forwarded by users.
  • In order to trace messages, WhatsApp will have to add some sort of “permanent identity stamp” or effectively ‘fingerprint’ each message, which it says will be like a mass surveillance program.

What is the harm of ‘fingerprinting’ techniques?

WhatsApp’s argument is that traceability, even if enforced, is not fool-proof and could lead to human rights violations.

  • Further, they will have to “turn over the names of people who shared something even if they did not create it, shared it out of concern, or sent it to check its accuracy.”
  • It notes that “innocent people could get caught up in investigations, or even go to jail, for sharing content that later becomes problematic in the eyes of a government.”
  • It also adds that such an approach will violate “recognised principles of free expression and human rights.”

Experts are clear that fingerprinting techniques are open to abuse, and in the end will undermine encryption entirely. Apps would have to remove encryption in order to implement such digital signatures on messages.

What is WhatsApp’s argument on why traceability won’t work?

  • WhatsApp too states that tracing messages will be “ineffective and highly susceptible to abuse.”
  • If you simply downloaded an image and shared it, took a screenshot and resent it, or sent an article on WhatsApp that someone emailed you, you would be determined to be the originator of that content.

Can WhatsApp help law enforcement without traceability?

WhatsApp says it has a dedicated team, which “reviews and responds to valid law enforcement requests.”

  • It says it has always responded to “valid requests by providing the limited categories of information available to us, consistent with applicable law and policy.”
  • It also notes that they have a “team devoted to assisting law enforcement 24/7 with emergencies involving imminent harm or risk of death or serious physical injury.”

Source:  Indian Express

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