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26 May, 8 tweets, 7 min read
@WhatsApp has challenged the traceability provision in the Delhi High Court stating it is unconstitutional and against the fundamental Right to #Privacy as enshrined in Justice K.S. Puttaswamy vs UOI (2017).

indianexpress.com/article/techno…
In order to follow the traceability provision i.e. Rule 4(2), WhatsApp would have to break end-to-end encryption for its users thereby undermining privacy of messages to its users.
You can read about the provision here:
sflc.in/what-originato….
SFLC.in has been assisting FOSS developer Praveen A in challenging IL Rules,2021 including the traceability provision.

You can read about the challenge here:
sflc.in/praveen-arimbr…
One of the grounds of the Petition is that Rule 4(2) violates Right to Encryption of citizens as a subset of Right to Privacy protected under Art 21.
The Petition has been filed in the Kerala HC & has been admitted.
You can read about the challenge here:
sflc.in/praveen-arimbr…
The Petition highlights that the Rule disregards the fact that encryption and anonymity are useful tools for development & sharing of opinions, and are particularly useful for journalists, researchers, academicians and citizens.
@PrasanthTweets
ft.com/content/ca1e9f…
It also contends that the Rule is violative of right to encryption which is a subset of right to privacy as enshrined in Article 21.
tech.hindustantimes.com/tech/news/no-e… @MishiChoudhary
Curious about what the #traceability provision is and why is it contentious?
You can read our easy to understand tldr here:
Fighting for our #DigitalRights has always been important, but never more than now.
Help @SFLCin defend your #DigitalFreedoms & ensure a safe, inclusive, & open #internet.
#Donate today 👉 sflc.in/donate
#FreeSpeech #DigitalDefender #HumanRight #OTTGuidelines #internet

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More from @SFLCin

sflc.in Profile picture
25 May
#Twitter & #Facebook are not getting #banned but If these significant social media intermediaries don't comply with the #ITRules they could however lose the safe harbor protection which means they could incur liability (civil & criminal) for the acts done by third party users.
The Rules could also undermine the principles of open & accessible internet, the fundamental #RightToPrivacy & #FreeSpeech & expression enshrined in the Constitution.
sflc.in/analysis-infor…
#SocialMedia #ILRules #SafeHarbour #BigTech #ITRules #TwitterBan #FacebookBan
The #informationtechnology Rules, 2021 (#ILRules) which have been prescribed by the #Centralgovt under Section 79 of the IT Act are a set of compliances which the intermediaries have to abide by, in order to keep the safe harbor protection intact.
#SocialMediaban #internet
Read 10 tweets
sflc.in Profile picture
25 May
The #ITRules 2021 came into effect on February 25, and today is the deadline for significant social media intermediaries to comply with new obligations under the IT Rules 2021.
sflc.in/analysis-infor…
#OTTGuidelines
#SocialMediaguidelines
The Rules could undermine the principles of open & accessible internet, the fundamental #RightToPrivacy & #FreeSpeech & expression enshrined in the Constitution.
#DigitalIndia #SocialMedia #ILRules #DigitalDefenders
#SocialMediaGuidelines
What are the major due diligence requirements that have to be observed by an #intermediary ?
#Datacracy #ottguidelines #SocialMedia #ITRules
Read 8 tweets
sflc.in Profile picture
24 May
#VaccinationForAll
The @MoHFW_INDIA has allowed on-site registration for the 18-44 age group. This is limited to Government #COVIDVaccination centers (CVCs) at the present moment.
pib.gov.in/PressReleseDet…
#cowinregistration #VaccinationDrive #COVID19 #IndiaFightsCOVID19 Image
But this is a mere eyewash because-
1.This has been left to the discretion of the respective state/ UT governments
2.This shall be implemented only if vaccine has been left unutilised from online registrations and that too at Government CVCs.
#VaccineFor18Plus #VaccineForAll
While this has been stated in a press release, the #CoWIN website’s FAQs still state that online registration is mandatory for 18-44 age group.
#cowinregistration #GetVaccinated #COVID19India Image
Read 8 tweets
sflc.in Profile picture
24 May
The matter challenging the Liberalised Vaccination Policy by the GoI by Dr. K.P Aravindam & Dr. Praveen G Pai is listed for hearing in the #KeralaHC today.
sflc.in/sflcin-assists…

#VaccinationForAll #COVIDEmergency #vaccine
In the last hearing, The @NITIAayog's statement that @BharatBiotech & @ICMRDELHI are willing to share technology with manufacturers who can produce the vaccine was brought on record. Watch this space for live updates.
#litigation #VaccineForAll #intellectualproperty
The Court noted that the @IndianExpress had reported on Saturday, that the RBI has given Rs. 99000 crore to Central Government. The Court inquired why a part of this amount cannot be used to vaccinate people.

indianexpress.com/article/busine…
Read 10 tweets
sflc.in Profile picture
5 May
We are pleased to inform you all that subsequent to the legal notice sent to @TwitterIndia informing that @fsmi_in had not violated @Twitter's rules or Indian law by sharing @IndianCERT's letter, Twitter has restored FSMI’s access to their Twitter account.
newsclick.in/twitter-locks-…
Free Software Movement of India's access to their account was blocked by @Twitter after they had uploaded a copy of a complaint letter to @IndianCERT about @bigbasketblog's data breach.
#censorship #FreeSpeech #TwitterAccountSuspend
Twitter had stated that FSMI had violated #TwitterRules specifically about posting #PrivateInformation of others without their express authorization and permission.
Read 7 tweets
sflc.in Profile picture
28 Apr
At a time when the entire country is grappling with #COVID-19, mandatory #CoWin registration by @AyushmanNHA will lead to exclusion of citizens from 18-44 years from vaccination who do not use smartphones or do not have an internet connection.
@rssharma3 @MoHFW_INDIA
Not every citizen has digital literacy to be able to register online for vaccination via CoWIN's website or mobile application.
As @prateekwaghre pointed out that as of December, 2020, there are only 58 internet subscribers out of 100 people in India. This would further push people from getting #vaccination.
@drharshvardhan
Read 11 tweets

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