WhatsApp has sued the Indian government challenging the second largest internet market’s new regulations that could allow authorities to make people’s private messages “traceable,” and conduct mass surveillance.
The case asks the Delhi High Court to declare that one of the new IT rules is a violation of privacy rights in India’s constitution since it requires social media companies to identify the “first originator of information” when authorities demand it.
“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. WhatsApp is committed to protecting the privacy of people’s personal messages and we will continue to do all we can within the laws of India to do so,” WhatsApp said in a statement.
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“WhatsApp is committed to protecting the privacy of people’s personal messages and we will continue to do all we can within the laws of India to do so.”
The legal challenge comes amid escalating tensions between Prime Minister Narendra Modi’s government and social-media platforms.
The Indian government gave large social media firms three months to comply with the new IT rules. Wednesday is the deadline for firms, including Facebook, to comply with the new regulation. Failure to do so may take away the safe harbor protection tech companies enjoy.
WhatsApp, its parent Facebook and tech rivals have all invested heavily in India. But company officials worry privately that increasingly heavy-handed regulation by the Modi government could jeopardise their prospects.
Among the new rules are requirements that big social media firms appoint Indian citizens to key compliance roles, remove content within 36 hours of a legal order, and set up a mechanism to respond to complaints. They must also use automated processes to take down pornography.
