Thread by @Aditi_muses

Hello humans! Settle down as I summarise for you the #WhatsApptraceability case that will potentially set a global precedent for how governments approach encrypted communication. I have been reporting on it for @medianama

bit.ly/2ZETpi5

It all started with @AntonyRubin's PIL to link Aadhaar and social media accounts. bit.ly/2LqkDpl

The latest: I spoke to IIT Madras's Dr Kamakoti about the submissions he has made to Madras HC. bit.ly/2KA4tqj

Kamakoti is very clear: "WhatsApp remains the same. Their end-to-end encryption remains the same. There’s nothing that we want to change. There’s nothing that warrants the change."
BUT
traceability is also important to prevent social harm, scams bit.ly/2KA4tqj

Here're the suggestions Kamakoti made:
1. Add a tag with originator's information to the message that travels with the message, as long as it is not modified.
2. Implement new WhatsApp feature to classify messages as ‘forwardable’ or ‘not-forwardable’ bit.ly/2KA4tqj

Kamakoti suggested encrypting the originator's information to preserve privacy. Accessible to law enforcement agencies, via WhatsApp, only after *due process* is followed. bit.ly/2KA4tqj

Most importantly, unlike the parties to the case or our government, Kamakoti *defined* the originator: "Originator is the creator of the message." And if you modify a message (cut/paste, screenshot it, add media and/or comments), you become the originator. bit.ly/2KA4tqj

Kamakoti made his submission on July 31, as per Madras HC orders. In the last hearing (July 26), HC also told WhatsApp to respond to Kamakoti's submission. That response is due on Aug 14. (I am on top of it, don't worry!) bit.ly/2KviMwB

Before I tell you about what happened in court, let me tell you about who started this chain of events: @AntonyRubin

An animal activist, Antony was being bullied on Facebook with no recourse in sight. bit.ly/2LqkDpl

Police was unable to nab the bully, court orders didn't help. So he petitioned the court to link social media accounts to #Aadhaar. "So that there is traceability, the originator can be traced. Then they'll be more responsible in posting content online." bit.ly/2LqkDpl

Like Kamakoti, Antony is also clear, only due process (official complaint/court order) gets you the law enforcement agencies the data. "It’s not like I am going to be looking for data that is going to be open source." bit.ly/2LqkDpl

Antony recognises the trade-offs made between traceability and anonymity, but where's the justice?
"There is someone who has been abused. There is a victim in this case. What is the victim going to achieve? So this is not justice." bit.ly/2LqkDpl

Well, the Madras HC (Justices S. Manikumar and Subramonium Prasad) has refused to link #Aadhaar, citing SC judgement. But they expanded the scope of the PIL to include cybercrime and intermediary liability. And voila! Google, Facebook, WhatsApp, YouTube, Twitter were impleaded.

The last hearing, July 26, saw WhatsApp was represented by @KapilSibal, Arvind Datar; Facebook by Mukul Rohatgi. WhatsApp's American GC Brian Hennessey was also present. Intervener @internetfreedom, rep'ed by @suhrith was also there. bit.ly/2KviMwB
#dramanama

Key points:
🚩Judges + lawyers: Central government, where are the intermediary rules? @rsprasad, please pay attention
🚩Judges: Can the court intervene in the interim period?
🚩Sibal: If you open up the encryption, there is no platform. bit.ly/2KviMwB

🚩Rohatgi: what is objectionable content? Relative definitions unique to regions
🚩Big Tech: Tamil Nadu govt's report with 1600 data requests are messy - no FIR numbers, not court-mandated, not in proper format. (Read about the TN govt report here: bit.ly/31rAuaT)

🚩Kamakoti's report by July 31 (submitted, discussed above)
🚩WhatsApp's response (including inputs from USA) by Aug 31 bit.ly/2KviMwB

At the June 27 hearing,
🚩@internetfreedom was made the intervener
🚩Arvind Datar's absence keenly felt by judges; could have explained the tech at play
🚩Central government, intermediary guidelines please! @rsprasad bit.ly/2XzzHq9

🚩WhatsApp refuses to lower the wall, of privacy and data protection, not the Wall in the North #GameOfThrones
🚩Kamakoti's absence also felt; had made traceability suggestions in May 22 meeting between social media companies+law enforcement agencies bit.ly/2XzzHq9

At the June 6 hearing,
🚩Sibal and Datar, for WhatsApp: Impossible to track sender of messages, decryption impossible, won't create a backdoor access, and hello #SafeHarbour
🚩Twitter, Google: All intermediaries can't be viewed uniformly, different needs
bit.ly/30zc4vJ

Phew! That was a long one. You can find the complete coverage here: bit.ly/2ZETpi5

Dramatis personae:
Justice Subramonium Prasad
Justice S. Manikumar
Mukul Rohatgi: Facebook
Brian Hennessy(Dir.+Associate Gen. Counsel), Kapil Sibal, Arvind Datar, NL Rajah: WhatsApp

PS Raman: Google
Sajan Poovayya: Twitter
Suhrith Parthasarathy, Apar Gupta: IFF
E. Manoharan: TN Government
Peer Mohamed: TRAI
V. Kamakoti, GS Madhusudan, Shankar Raman: IIT Madras
Antony Clement Rubin: Petitioner
bit.ly/2ZETpi5

Huge (loud?) shout-out to @meera_emmanuel whose @barandbench report on the June 6 hearing (here: bit.ly/2yFeCwD) was a great starting point for my coverage. And she has been a very generous journalist as well. Thank you, Meera.