Intent Of Message Traceability Under IT Rules Not To Weaken Platforms’ Encryption: Centre In New FAQs
The Centre had announced the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, earlier this year.
New Delhi: The Central government on Monday said the requirement for messaging platforms to trace the message’s originator has not been brought in with an intention to break or weaken encryption, adding the companies are free to come up with alternative technological solutions to implement this rule.
The Centre had announced the new Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, earlier this year.
Challenging the new IT rules for social media intermediaries that require the messaging app to make provisions to identify the first originator of information, Facebook-owned WhatsApp had then approached the Delhi High Court.
The traceability provision, WhatsApp had said, would break end-to-end encryption and fundamentally undermine the people’s right to privacy.
In tune with the same, a set of ‘Frequently Asked Questions’ (FAQs) around the intermediary guidelines were released on Monday to enable better understanding of goals and provisions of the new rules among the internet and social media users.
The intent of the traceability rule for messaging platforms “is not to break or weaken the encryption in any way but merely to obtain the registration details of the first Indian originator of the message”, as per the FAQs, PTI reported.
“The electronic replica of the message (text, photo or video, etc) will be shared by the requesting agency along with a lawful order,” the FAQs added.
The FAQs Explaining that a typical principle of detection is based on the 'hash value' of the unencrypted message, wherein identical messages will result in a common hash (message digest) irrespective of the encryption used by a messaging platform, the FAQs said: “How this hash will be generated or stored needs to be decided by the concerned SSMI (significant social media intermediary), and SSMI are free to come up with alternative technological solutions to implement this rule.”
As per the FAQs, the rationale of this requirement is if the intermediary has to convey to its users not to upload or share a particular type of content as part of its terms of use then it should have the capability of determining so.
“While encryption ensures safety and security of the data, and the privacy norms self-imposed by the intermediary may be needed, it is also imperative that the platforms should not be used to carry out sharing of any unlawful content as specified under the IT Rules, 2021 and other applicable laws,” the FAQs said.
A Meta spokesperson on his part said “we appreciate the Government's efforts in bringing more clarity on the 2021 IT Rules. We look forward to studying the FAQs”.
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The FAQs comprise questions that the people ask about the rules, and are geared to make it easier for users to understand the norms around internet and social media in the country.
The new IT intermediary rules have been enforced earlier this year with the motive to bring greater accountability for big tech companies, including Twitter and Facebook.
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