Internet giants object to Indian rules against encryption

17 Jan 2019

According to India Today, Indian authorities are working on amending the IT Act in parts related to liabilities of intermediaries, to allow the government to monitor and remove user content and messages, including encrypted ones. These steps are being justified as a need to monitor unlawful content, and in particular, fake news and inflammatory messages via messenger apps, such as WhatsApp, which resulted in a series of lynch mobbings. WhatsApp and Twitter, both announced that they will respond to consultations opened by the Indian the government, and criticised the new rules as being against privacy and leading to censorship, Financial Times reports.

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Privacy and data protection are two interrelated Internet governance issues. Data protection is a legal mechanism that ensures privacy. Privacy is usually defined as the right of any citizen to control their own personal information and to decide about it (to disclose information or not). Privacy is a fundamental human right. It is recognised in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in many other international and regional human rights conventions. The July 2015 appointment of the first UN Special Rapporteur on the Right to Privacy in the Digital Age reflects the rising importance of privacy in global digital policy, and the recognition of the need to address privacy rights issues the the global, as well as national levels.

Encryption refers to the scrambling of electronic documents and communication into an unreadable format which can be read only through the use of encryption software. Traditionally, governments were the only players who had the power and the know-how to develop and deploy powerful encryption in their military and diplomatic communications. With user-friendly packages, encryption has become affordable for any Internet users, including criminals and terrorists. This triggered many governance issues related to finding the right balance between the need to respect privacy of communication of Internet users and the need for governments to monitor some types of communication of relevance for the national security (potential criminal and terrorist activity remains an issue).

Intermediaries play a vital role in ensuring Internet functionality. In several Internet governance areas, such as copyright infringement and spam, Internet Service Providers (ISPs) are considered key online intermediaries. In other areas, such as defamation and the so-called right to be forgotten, the responsibility extends to hosts of online content and search engines.

One of the main sociocultural issues is content policy, often addressed from the standpoints of human rights (freedom of expression and the right to communicate), government (content control), and technology (tools for content control). Discussions usually focus on three groups of content:

 

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