Utkarsh Anand Profile picture
Oct 22, 2019 8 tweets 5 min read Read on X
#socialmedia guidelines: #SupremeCourt asks can the law cast an obligation of #WhatsApp, #Facebook to decrypt or shouldn't the Govt have own technology to decrypt & the intermediaries have to only assist?
Attorney General KK Venugopal says the #socialmedia entities shouldn't have come to #India if they weren't going to assist. They can't use technology that doesn't provide for decryption?
Judges say it is like there is a closed door and they are saying you can open the room. But you want the keys to it too. The question however is whether they are under legal obligation to give you (Govt) the key?

#socialmedia
Sr adv shyam Divan, for Internet Freedom Assocn of India, objects to the manner in which #SupremeCourt is hearing this case. He reminds the judges that this is a transfer petition & SC shouldn't interdict any adjudication by high courts.

#socialmedia
For #Facebook, Sr adv Mukul Rohatgi says neither they are under any obligation to decrypt messages nor do they have the key to the room in the example cited earlier by the #SupremeCourt.
He also counters Divan's argument saying matter should be heard in SC.

#socialmedia
Attorney General KK Venugopal, for #TamilNadu Govt, says the state has no objection to the case being sent back to the #Madras High Court.
SG Tushar Mehta, for Centre says that the Govt isn't for invading #privacy of citizens but #privacy has to be balanced with national interest, sovereignty of the country.

"No intermediary can say that in the guise of privacy, terrorist activities can be protected."
#SupremeCourt allows transfer petitions, all cases relating to social media guidelines transferred to itself. Matter to be heard in January last week after the Centre formulates new guidelines on intermediaries.

#socialmedia

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More from @utkarsh_aanand

Oct 3
Sadhguru's Isha Foundation moves the #SupremeCourt, challenging the Madras HC order that led to police personnel entering the ashram to conduct inquiries. Central government supports the petition.

Sr adv Mukul Rohatgi seeks an urgent hearing today.
Rohatgi to SC: There's someone behind all this. The habeas corpus petition filed by the mother of two women, who are now monks, was disposed of 8 years ago. Now, the father comes back and despite the monks expressing their desire to stay put, the high court ordered inquiry.
#CJI enquires if the two women are online.

Rohatgi says the women are connected online and are willing to make a statement right away.

The bench waits for the women to appear online.
Read 9 tweets
Jul 20, 2021
#SupremeCourt reproaches the #Kerala Govt over #lockdown relaxations owing to #Bakrid. SC calls it shocking state of affairs that the state government gave in to pressure groups.
SC adds affidavit by the #Kerala Govt is alarming & doesn't in real manner safeguards right to life guaranteed to all the citizens of #India.
#SupremeCourt underlines if there is any spread of the infection due to the relaxations by the #Kerala Govt owing to #Bakrid, any person can bring it to the notice of the court which will then take appropriate action.
Read 4 tweets
Jul 19, 2021
Hearing to commence before the #SupremeCourt on suo motu on the #KanwarYatra.
An application has been filed in this matter by @pkdnambiar against relaxation of lockdown norms in #Kerala for #Bakrid celebrations.
Hearing begins. Court goes through the latest affidavit by the #UttarPradesh Govt, cancelling the #KanwarYatra.
Sr adv CS Vaidyanathan reads out the affidavit that states that kanwar sanghs have themselves decided not to have the #KanwarYatra & hence, no orders from the state disaster management authority is required.
Read 6 tweets
May 26, 2021
Of 527 pages on acquittal of Tarun Tejpal, #Goa judge Kshama M Joshi has used around 400 pages, dissecting testimony of the complainant in arriving at how an 'educated journalist' should've known whether she 'pulled up' her underwear or 'picked up'.
Goa court scans the complainant's phone & messages to note that "it was entirely the norm" for her to have flirtatious relationships & sexual conversations with friends & acquaintances.
Since she refused to give access to her email citing concerns of privacy when her phone details had already been used to humiliate her over her personal details, #Goa judge holds that she "wants to hide something."
Read 10 tweets
May 25, 2021
#SupremeCourt issues notices to #WestBengal Govt & Centre on a PIL for a SIT probe into post-poll violence in the state & massive displacement of people.
SC also seeks responses from national commissions for women & children on providing relief in camps etc. Next hearing in June
Another petition filed by families of two #BJP supporters allegedly killed by #TMC workers will also be taken up by the #SupremeCourt later today.
#WestBengal Govt, through sr adv Sidharth Luthra, points out that post-poll violence matter is already pending before a five-judge bench in the #Calcutta HC and hence, the #SupremeCourt may not need to hear this matter at this juncture.
Read 5 tweets
May 24, 2021
#SupremeCourt commences hearing of its suo motu proceedings on ameliorating the conditions of migrant workers during the #COVID19 induced #lockdown.

It expresses displeasure at Centre not submitting its affidavit in time.
"You were directed to file your affidavit a day before the hearing but you have done it just now. Our orders are meant to be compiled with," SC tells Centre.

Adv Prashant Bhushan, appearing on behalf of some activists, addresses the shortcomings in replies filed by states.
SC clarifies it hasn't directed states to grant cash transfer in lieu of dry ration after Bhushan mentions that court also wanted to know about cash transfers.

As he talks about cooked food, SC observes the situation doesn't appear to be as grave as last year for migrant workers
Read 13 tweets

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