Tracing Messages Will Violate privacy
Source : Indian Express
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Why in News ?

WhatsApp has moved the Delhi High Court to challenge the traceability provision (Tracing Messages Will Violate privacy) in the new IT Rules 2021

• This breaks end-to-end encryption
• Also infringes upon users fundamental rights to privacy and freedom of speech.

Read this topic inline with : Social Media Guidelines UPSC

Key Facts

• To comply with the new rules WhatsApp said the provision requiring intermediaries to enable identification of the first originator of information on their platforms could also put journalists and activists at risk of retaliation in India and infringe upon rights to free speech and expression.

  

• Whatsapp About Privacy
  • Any country that requires intermediaries to enable identification of the first originator of information on end-to-end encrypted messaging services.
  • World have recognised the important benefits of end-to-end encryption and the dangers of undermining that security protocol.
  • Requiring messaging apps to trace chats is the equivalent of keep a fingerprint of every single message sent on WhatsApp.
  • This would break end-to-end encryption, and fundamentally undermine people’s right to privacy.
  • Protecting the privacy of the speaker is critical to protecting the right to freedom of speech and expression.
• About Traceability Provision
  • Intermediaries to enable identification of the first originator of information on their platforms.
  • Rule 4(2) states that a significant social media intermediary providing services primarily in the nature of messaging shall enable the identification of the first originator of the information on its computer resource as may be required by a judicial order or an order passed by a competent authority under the IT Act.

What happen if failed to comply with this provision ?

• Would take away the indemnity provided to social media intermediaries under Section 79 of the Information Technology Act.
• Section 79 of the IT Act
  • Any intermediary shall not be held legally or otherwise liable for any third party information, data or communication link made available or hosted on its platform.

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