If told to break encryption, will pack up, WhatsApp warns govt

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WhatsApp, the globally utilised social platform connecting users worldwide and it’s parent company Facebook (Meta) have contested a section of the IT rules (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021,

During the proceedings on Thursday, WhatsApp issued a warning, stating its potential closure if it were to compromise on user privacy by being required to breach end-to-end encryption. This has triggered a discussion about finding the right balance between protecting an individual’s privacy rights and fulfilling the government’s duty to maintain national security.

Rule 4(2), that the platform is currently challenging, specifies that social media companies who are offering messaging services must disclose the sender’s identity, if instructed to do so by a court or competent authority.

“As a platform, we are saying, if we are told to break encryption, then WhatsApp goes,” Mr Tejas Karia, representing WhatsApp, told a bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, a Bar and Bench report said.

The rule states that a significant social media intermediary, particularly one offering messaging services, must facilitate the identification of the initial sender of information on its computer system, when mandated by a judicial order from a court with appropriate jurisdiction or an order issued under section 69 by the Competent Authority in accordance with the Information Technology (Procedure and Safeguards for interception, monitoring and decryption of information) Rules, 2009.

Karia emphasized this point and asserted that the rule was implemented without any prior consultation. He stated before the Delhi High Court that individuals choose to use the messaging platform specifically because it ensures their privacy through its end-to-end encryption. “As a platform, we are saying, if we are told to break encryption, then WhatsApp goes.” he said.

End-to-end encryption means that only the sender and the intended recipient can access the content of messages, ensuring absolute confidentiality and security. Therefore, any requirement to disclose the identity of the initial sender would compromise on the fundamental privacy assurances provided by WhatsApp and could undermine user trust in the platform.