Information Technology Rules: a case of overreach?
Last week, WhatsApp decided to legally challenge one of India’s new Information Technology rules which requires messaging platforms to help investigative agencies in identifying the originator of problematic messages. Keep in mind also that the current law in India also allows the government to request decryption of data where it’s held by an intermediary or where the intermediary holds the private encryption key. So, these institutional systems should be in a new law, and the Supreme Court should clarify terms like ‘public order’ and ‘security of the state’. Rishab Bailey: Actually, every jurisdiction is struggling with the issue of how to deal with the fact that sometimes messages may not be accessible, or data may not be accessible to law enforcement agency.


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