WhatsApp informs Delhi High Court it will cease operations if compelled to break encryption
- In Reports
- 03:17 PM, Apr 26, 2024
- Myind Staff
WhatsApp has informed the Delhi High Court that it will halt its operations in India if it is forced to compromise the encryption of messages on its platform.
The company asserted before the bench that as a platform, it would cease operations if instructed to break encryption. The messaging giant stated that it would be unfeasible to continue functioning if compelled to compromise encryption.
During Thursday's hearing, the court deliberated on petitions submitted by WhatsApp and its parent company Meta, which challenge Rule 4(2) of the Information Technology Rules, 2021.
WhatsApp asserted the crucial role of end-to-end encryption in cultivating user confidence and upholding privacy. The platform argued that any effort to undermine this encryption would diminish the fundamental rights protected by Articles 14, 19, and 21 of the Constitution, which safeguard individual freedoms and liberties.
The legal challenge centres on Rule 4(2) of the IT Rules, 2021, which mandates significant social media intermediaries to identify the first originator of any information upon orders from the court or competent authority. WhatsApp and Meta have voiced concerns regarding the rule's legality and its potential impact on user privacy and platform operations.
The government announced The Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 on February 25, 2021, requiring large social media platforms such as Twitter, Facebook, Instagram, and WhatsApp to comply with the latest norms.
The bench has ordered that the matter be listed for hearing on August 14 to await the transfer of all other petitions challenging several aspects of the 2021 IT Rules to it pursuant to a Supreme Court order.
In its 2021 petition, WhatsApp stated that the requirement for intermediaries to facilitate the identification of the first originator of information in India upon government or court order puts end-to-end encryption and its benefits "at risk".
WhatsApp LLC has urged the high court to declare Rule 4(2) of the intermediary rules unconstitutional, ultra vires the IT Act, and illegal. The company seeks to avoid criminal liability for any alleged non-compliance with Rule 4(2), which mandates enabling the identification of the first originator of information.
WhatsApp argues that the traceability provision is unconstitutional and violates the fundamental right to privacy.
The plea states that the traceability requirement compels the company to breach end-to-end encryption on its messaging service, as well as the privacy principles it is built upon. It asserts that this infringes upon the fundamental rights to privacy and free speech of the hundreds of millions of citizens using WhatsApp for private and secure communication.
On March 22, the Supreme Court transferred a batch of pleas challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, which were pending before various high courts across the country, to the Delhi High Court.
Multiple petitions concerning this matter were awaiting resolution in different high courts, including Karnataka, Madras, Calcutta, Kerala, and Bombay High Courts.
Image source: The Economic Times
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