New Delhi : like middlemen social media Firms will not be allowed to track users all the time under the guise of enforcing the originator rules, the government said on Monday and reiterated that the traceability norms laid down in the Information Technology (IT) Rules, 2021, do not compromise with the end . -End encryption.
The Ministry of Electronics and Information Technology (MeitY) issued clarifications in a 28-page frequently asked questions (FAQs) document related to the Information Technology (Intermediate Guidelines and Digital Media Code of Conduct) Rules, 2021, or IT regulations.
The five-volume document includes clarifications on terminology, the grounds for non-compliance with due diligence and rules to be followed by middlemen and important social media intermediaries (SSMIs).
According to the document, the definition of intermediaries will remain as defined in the IT Act, 2000, which includes everything from telecom service providers to search engines, online payment websites and even cyber cafes. The document states that many other online platforms “may qualify as intermediaries with respect to third-party content available, shared, hosted, stored or broadcast on their platforms, including websites and apps”.
“Certain entities may act as both an intermediary as well as a ‘news aggregator’ or a ‘publisher of news and current affairs content’ as defined in rule 2(o) and rule 2
Supreme Court lawyer and cyber law expert NS Nappinai said, “The entire document is focusing on the user’s point of view, which is great.” For example, an ongoing clarification regarding tracking down the first originator of a message or post may be good for users.
“The explanation given for the first enforcer rules shows that you don’t really need that rule at all. It was already part of the law,” Nappinai said. “The clarification very clearly stipulates whether and when instructions are given under section 69 of the IT Act, whether they can trace the user, which removes the fear of surveillance.”
However, he added that these explanations may not be sufficient. For example, Nappinai believes that the FAQ can clearly define the categories of mediators who are required to appoint Grievance Officers. He said the document should include examples of websites, or perhaps categories of apps and websites, that these officers would need to be appointed, as this would help users get redressal.
“The clarification interestingly talks about stakeholder consultation, without specifying where the consultation was for specific rules. It also chooses to be proportionate adjudicator (a legal term for ’cause’) of those decisions of the SC which Support its propaganda, but ignore key principles around providing safe harbor security to middlemen,” said Akash Karmakar, a fellow at the law offices of Panag and Babu.
The government has also reiterated its stance that the traceability norms set out in the new rules do not break end-to-end encryption – a technique used to make text messages, calls and other communications indecipherable to anyone other than its sender and receiver. is done for. Messaging major WhatsApp has sued the government over the rule, arguing that it cannot find the first originator of a message without breaking encryption.
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