WhatsApp may oppose demand to trace messages
WhatsApp will oppose proposed rules that would require it to disclose information about where messages originated from. And as this will violate privacy and free speech rights, said people with knowledge of the matter.
The government wants to crack down on fake and inflammatory posts that have sparked violence, including lynchings, across the country. Intermediary guidelines that are set to be announced after elections. And will probably include penalties and jail terms for executives of social media companies. And messaging apps for non-compliance on matters such as message traceability, ET reported March 23.
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“WhatsApp feels the proposed guidelines are too broad and not in sync with privacy protection norms that are important to people. Everywhere,” said one of the persons cited above.
The Facebook-owned app feels confidentiality is a critical element of the product.
“The company will continue to push back against government’s attempts that it feels weaken its end-to-end encryption feature,” said another person.
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Government officials disagree with this and have drawn parallels with phone companies. Which are obliged to provide call detail records to law enforcement agencies when asked.
“They don’t or refuse to understand this — we don’t want you to look into the video or the audio or content, just tell us where (it began) or who started it,” an official had told ET earlier.
“But this would mean keeping records of, and having access to, personal data of users at all times, even when a crime has not been committed,” said one of the persons cited above.
Given its ubiquity in India, many of the incendiary messaging has spread through WhatsApp. Last year’s draft recommendations proposed that all intermediaries would have to hand over to government agencies any information related to cyber security. National security, investigations, prosecutions or prevention of an offence within 72 hours.
“National security and integrity in most countries would override all privacy concerns. In the backdrop of recent occurrences, there is a valid concern that. WhatsApp has been utilised in some instances for anti-national activities. Somewhere we will need to weigh national security concerns against the right to privacy and come up with something sensible,” said Tushar Ajinkya, partner at Economic Laws Practice (ELP). “There needs to be significant checks and balances to see that there is no misuse. For a company to say that we will not comply at all may be considered a bit excessive.”
WhatsApp has defended its stance on privacy previously.
“People rely on WhatsApp for all kinds of sensitive conversations, including with their doctors, banks and families. The police also use WhatsApp to discuss investigations and report crimes,” it had said last week. “Attributing messages on WhatsApp would undermine end-to-end encryption and the private nature of WhatsApp, creating the potential for serious misuse. Our focus is on improving WhatsApp and working closer with others in society to help keep people safe.”
The company had also pointed out that it has made significant product changes and worked with civil society partners. And to address misinformation through public education campaigns. Apart from changes such as limiting the number of forwards and allowing group exits in one tap. Make sure to subscribe.
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