IT Rules 2021: law, legalese and impact on open source communities
IT Rules 2021 Report: Annexure
The Government of India (GoI), Ministry of Electronics and Information Technology (MEITY), and the Ministry of Information and Broadcasting (MIB) jointly released the new IT Rules 2021, with significant impact on Intermediaries. The new rules impact OTT and digital media streaming services, online news outlets, social media and platforms, messaging services, among others. The new rules are available on the Gazette of India website - http://egazette.nic.in/WriteReadData/2021/225464.pdf
In this session, we will go over:
- The brief history and background to the IT Rules.
- Provisions of the IT Rules which impact developers and open source communities.
- Current legal challenges to IT Rules; and what open source communities can learn from these challenges.
- Q&A - to answer your questions and doubts about how the IT Rules may impact your work.
For a detailed background tot this session, read Privacy Mode’s ethnographic report on IT Rules.
Udbhav Tiwari is Public Policy Advisor at Mozilla.
User privacy and the litigation between WhatsApp and the Indian Government over the IT Rules
On 27 May 2021, WhatsApp took the Government of India to court over the IT Rules 2021. The IT Rules 2021 mandate WhatsApp to implement traceability i.e. the ability to trace the origins of “unlawful” messages. This effectively breaks WhatsApp’s end-to-end encryption technology implemented to safeguard user privacy. WhatsApp argues that this mandate (in the IT Rules) violates citizens’ fundamental… more