The Imperative Debate on IT Rules 2021: Traceability, Security, and Trust

The Delhi High Court is hearing writ petitions regarding the IT Rules 2021. The Internet Society has released a brief analyzing the 'traceability' mandate within the rules and its impact on digital security, user privacy, and the digital economy. The brief discusses potential technical and legal challenges posed by the traceability requirement.

The Delhi High Court has commenced hearings on writ petitions challenging the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules 2021). The Internet Society (ISOC) has issued a comprehensive analysis scrutinizing the 'traceability' mandate in the IT Rules 2021 and its ramifications for digital security, businesses, individuals, and the national economy.

One of the most debated elements of the IT Rules 2021 is the demand for significant social media intermediaries offering messaging services to implement traceability measures, necessitating the identification of the first originator of messages, particularly on end-to-end encrypted platforms like WhatsApp, Signal, and iMessage. ISOC's brief outlines the difficulties tied to traceability, discussing how methods like the Kamakoti proposal, hashing, and metadata analysis could compromise encryption and user security.

This brief delves into the impact on user privacy, especially for those relying on secure communications, and examines the conflicts between traceability and privacy within end-to-end encrypted environments. Additionally, ISOC highlights potential security and technical challenges, including the handling of sensitive data and the feasibility of proposed solutions. The brief underscores the need to consider the broader implications on user trust and the digital economy. Neeti Biyani, Senior Advisor for Policy and Advocacy, stated that India needs enhanced security in its rapidly digitizing economy, cautioning that the traceability requirement may be counterproductive if implemented at scale.

(With inputs from agencies.)