Why Indian Courts Should Reject Traceability Obligations

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End-to-end encryption is under attack in India. The Indian government’s new and dangerous online intermediary rules forcing messaging applications to track—and be able to identify—the originator of any message, which is fundamentally incompatible with the privacy and security protections of strong encryption. Three petitions have been filed (Facebook; WhatsApp; Arimbrathodiyil) asking the Indian High Courts (in Delhi and Kerala) to strike down these rules.

The traceability provision—Rule 4(2) in the “Intermediary Guidelines and Digital Media Ethics Code” rules (English version starts at page 19)—was adopted by the Ministry of Electronics and Information Technology earlier this year. The rules require any large social media intermediary that provides messaging “shall enable the identification of the first originator of the information on its computer resource” in response to a court order or a decryption request issued under the 2009 Decryption Rules. (The Decryption Rules allow authorities to request the interception or monitoring of decryption of any information generated, transmitted, received, or stored in any computer resource.)

The minister has claimed that the rule

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