Recently, WhatsApp told the Delhi High Court that it will have to exit India if forced to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, or IT Rules.
Concerns
The IT rules mandate significant digital platforms - - those with over fifty lakh registered users - - to identify the originator of the information.
This has become a sticky point for WhatsApp as it can’t comply with the rules unless it changes the very way it transmits and stores information.
The instant messaging platform is built on the idea of securely transmitting information.
To make that happen, WhatsApp encrypts messages sent between users.
This end-to-end encryption adds an extra layer of security by bolting the messages with a cryptographic lock so only its intended recipient can read it on their device.
Encryption and decryption of message happen entirely on users’ devices.
And WhatsApp has no way to see the content or listen to calls that are end-to-end encrypted.
Additionally, keys to cryptographic lock keep changing every time a new message is sent.
Also, messages exchanged are not stored on Meta’s servers and they can’t be intercepted while in transit.
This makes it difficult for WhatsApp to identify the first sender, which the government wants the platform to do under Rule 4 (2) of the IT rules.
What's app data retention policy
WhatsApp does not store messages or transaction logs of delivered messages. Messages undelivered are deleted from its servers after 30 days.
And, if any law enforcement agency wants information about user accounts on its platform, they must make a request to obtain records of specific accounts.
We will take steps to preserve account records in connection with official criminal investigations for 90 days pending our receipt of formal legal process.
In its privacy policy, the platform states that it may collect, use, store, and share user information if it deems necessary to keep users safe, detect illegal activity, respond to legal requests, or enforce its terms of use.
It may also collect information “about how some users interact with others on our service.
WhatsApp sees any government that chooses to mandate traceability as “effectively mandating a new form of mass surveillance.
To comply, messaging services would have to keep giant databases of every message you send, or add a permanent identity stamp -- like a fingerprint -- to private messages with friends, family, colleagues, doctors, and businesses.”
The company contends that India’s IT Rules are against the privacy of users and that they were introduced without any consultation.
