Thread by @internetfreedom

🚨 SOS!

Tomorrow, May 25, is the deadline for significant social media intermediaries like FB, Twitter, and Instagram to comply with new obligations under the IT Rules. If you use social media, pay attention- here's how this will roll out.
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internetfreedom.in/pound-the-alar…

On Feb 25, @GoI_MeitY and @MIB_India issued the contentious and undemocratic IT Rules, 2021. At least 6 writ petitions have been filed before 3 HCs challenging them. We provided legal assistance to @LiveLawIndia in their challenge before Kerala HC.
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internetfreedom.in/intermediaries…

First, what is a social media intermediary?

SM platforms don't generate content - you do. They are simply intermediaries who host it. This distinction helps them avoid liability for your content.

Significant SMIs have >50 lakh users and more compliances than regular SMIs.
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Under Rule 4, all SMIs must comply with reduced timelines for content takedowns, assistance to government agencies, and complaint resolution. If they fail to do so, they may face criminal prosecution. But...
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https://twitter.com/internetfreedom/status/1365529906143133700

...significant SMIs like FB and Twitter have additional compliances, which include appointing dedicated officers to comply with the IT Act and law enforcement. Read this again: companies like FB will have a contact person to comply with Indian law enforcement 24x7!
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This erects an entry barrier to the sector. New entrants now have to invest a chunk of their limited resources towards this compliance mechanism, while behemoths like FB/IG/Twitter will easily be able to do it. This means reduced competition and lower levels of innovation.
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Rule 4(2)
Significant SMIs that allow messaging (like WhatsApp) must enable traceability of the "first originator" of messages. When read with the IT Decryption Rules, this can undermine E2E encryption, your privacy, and freedom of speech.
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Rule 4(4)
Significant SMIs must enable automated tools (basically AI tech) to identify + take down child sexual abuse material. This can lead to function creep - extreme tech measures contemplated for a limited and serious use will start being utilized for other issues.
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Rule 4(7)
Significant SMIs will have to allow you, the user, to voluntarily verify your identity on the platform. This is a slippery slope- as we have seen over and over again, "voluntary" quickly becomes mandatory or de-facto mandatory. This is disastrous for your anonymity!
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At IFF we advocate with public authorities for regulations which center user rights and address Big Tech's frequent, frankly terrible policies. But today it is our clear belief that the IT Rules will not fix these issues- they will only cause further harm. Share this widely!
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