Govt in talks to make amendments to Sec 79 of IT Act to include breaking end to end encryption
The more alarming amendment is the requirement to break end-to-end encryption so that origin of messages can be traced. Two of the prominent amendments include making it compulsory for online platforms to proactively use technology which would enable identifying ‘unlawful’ content and the second more alarming amendment is the requirement to break end-to-end encryption so that origin of messages can be traced. Under this section and the Information Technology 2011, if an intermediary receives ‘actual knowledge’ of any illegal content posted on it, it is obligated to remove such content within 36 hours. For example, a Facebook user reporting offensive content will be taken as giving Facebook ‘actual knowledge’, imposing the obligation to remove the offending content within 36 hours. If on receiving a court order, the intermediary fails to remove the content within 36 hours, then it will lose the immunity granted to it under Section 79, making it open to be sued.
The implications to do with Facebook’s move of removing illegal content in India
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