Last week, Meta-owned messaging app WhatsApp told the Delhi High Court that it would have to cease operations in India if it’s forced to break encryption for compliance with India’s Information Technology (IT) Rules, 2021. These rules, which have traceability requirements to identify “first originator” of messages, were challenged in the court by WhatsApp in 2021 shortly after being notified.
What is end-to-end encryption?
In an end-to-end encryption app like WhatsApp, Telegram or Signal, any message sent is encrypted on the device before flowing through the internet to the receiver, on whose device it is decrypted. This way only the sender and the receiver can read the messages. While this is important from a user privacy perspective, government authorities and agencies in several jurisdictions across the world have, from time to time, sought a backdoor into this encryption for law enforcement purposes.
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What do the IT rules say?
In February 2021, the Indian government brought out the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules. These rules mandated ‘significant’ social media intermediaries such as WhatsApp, X (formerly Twitter), Facebook, Instagram to enable traceability for law enforcement purposes. Any social media intermediary having more than 5 million users in India is tagged as ‘significant’ for the purpose of these rules.
What is WhatsApp’s argument against this?
WhatsApp argued that the requirement to disclose user data violates privacy rights and claimed that this rule was introduced without prior consultation. Breaking encryption on its platform, the company argued, would infringe upon users' fundamental right to privacy and consequently, WhatsApp is seeking judicial intervention to challenge the rule as unconstitutional.
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Tejas Karia, counsel for WhatsApp, stated before a division bench comprising acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora, "As a platform, we are saying, if we are compelled to break encryption, then WhatsApp will cease its operations."
In 2021, WhatsApp had flagged that in mandating traceability, “a government…is effectively mandating a new form of mass surveillance.”
“To comply, messaging services would have to keep giant databases of every message you send, or add a permanent identity stamp — like a fingerprint — to private messages with friends, family, colleagues, doctors, and businesses,” it had argued earlier.
What is the government's stance?
The central government has informed the Delhi High Court that WhatsApp and its parent company Meta, which monetises user information for business purposes, cannot legitimately claim to protect privacy.
The Ministry of Electronics and Information Technology (MeitY) argued this stance in an affidavit opposing WhatsApp and Meta's petition, stating that WhatsApp has already violated users' fundamental rights in India by denying them any dispute resolution rights within the country.
MeitY also emphasised that non-compliance with these rules could hinder law enforcement agencies' ability to track fake messages, potentially leading to societal unrest.
The Centre seeking traceability from messaging apps is also not a new phenomenon. More than a decade ago, Canadian smartphone maker Research in Motion (RIM) had engaged in a four-year standoff over providing encryption keys for its secure corporate emails and messenger services for users of its Blackberry devices.
FAQs
WhatsApp uses end-to-end encryption, which means nobody except the sender and recipient can read messages. Other chat apps like Facebook Messenger and Telegram don't use end-to-end encryption by default.
How do I turn off end-to-end encryption on WhatsApp? ›
Go to Settings > Chats > Chat Backup. Tap End-to-end encrypted backup. Tap Turn off, then enter your password or 64-digit encryption key.
What is the 64-digit encryption key for WhatsApp? ›
When you create an end-to-end encrypted iCloud or Google Account backup, your messages and media are stored in the cloud. They're secured by a password or a 64-digit encryption key. You can change your password as long as you have access to your WhatsApp account, or your previous password, or your encryption key.
Can end-to-end encryption be hacked? ›
Vulnerability to Compromised Endpoints: End-to-end encryption relies on the endpoints' security — the devices used by the sender and recipient — to encrypt and decrypt the data. If either endpoint is compromised through malware, hacking, or physical access, it can undermine the effectiveness of end-to-end encryption.
What is the WhatsApp encryption controversy? ›
The court is considering a rule that requires social media companies to disclose message senders, raising concerns about privacy and data storage. WhatsApp argues that breaking encryption would violate user rights, while the government emphasizes the need for traceability in cases like communal violence.
Can police recover encrypted WhatsApp messages? ›
WhatsApp messages are “end-to-end encrypted” which means that the police cannot easily intercept them. End-to-end encryption is a security method that keeps your communications secure.
Why is my WhatsApp status showing end-to-end encrypted? ›
WhatsApp's end-to-end encryption is used when you chat with another person using WhatsApp Messenger. End-to-end encryption ensures only you and the person you're communicating with can read or listen to what is sent, and nobody in between, not even WhatsApp.
Is WhatsApp safe for sending private photos? ›
WhatsApp has set up its privacy protocols to protect it from outside attackers who might try to intercept your messages or steal your private data and pictures. It uses end-to-end encryption, which encrypts your messages on your device until they arrive on your recipient's phone.
Should I turn on end-to-end encryption backup on WhatsApp? ›
Enable End-to-End Encryption. WhatsApp now offers end-to-end backup encryption, ensuring that even the cloud storage provider cannot access your chat history. To enable this: On Android: Go to WhatsApp > Settings > Chats > Chat backup > toggle on “End-to-end encryption.”
Does end-to-end encryption delete messages? ›
Here's the breakdown on end-to-end encryption and message deletion: End-to-end encryption (E2EE) protects the content of your messages, not their existence. With E2EE on: When a message is sent with E2EE, only the sender and recipient devices can decrypt and read the message content.
End-to-end encryption helps protect your privacy by ensuring no one sees your messages except you. Think of it as an extra layer of security that keeps your messages and calls with family and friends protected, from the moment they leave your device, to the moment they reach the receiver's device.
Can end-to-end encryption be tracked? ›
Not even the provider of an end-to-end encrypted service can decrypt encrypted information. That's why end-to-end encryption is incompatible with tracing and filtering content…
What happens if I reset end-to-end encryption? ›
Resetting your encryption data will delete some information from your device, but you will retain photos, videos, and texts.
How private are WhatsApp messages? ›
Again, these personal chats are end-to-end encrypted so we can't see their content. You can set your messages to disappear: For additional privacy, you can choose to set your messages to disappear from chats after you send them. Learn more in this Help Center article.
Can the government read WhatsApp messages? ›
Based on the circ*mstances, we may disclose information to law enforcement in response to an emergency disclosure request where we have a good faith reason to believe that the matter involves imminent risk of serious physical injury or death and that WhatsApp may have information to help avert the threat to life.
Is WhatsApp safe to send private pictures? ›
So, users of iPhones and Android devices have a bit more protection from malware. Still, WhatsApp may not catch some malware that can infect your phone and send messages without your consent.
Can WhatsApp messages be traced by police? ›
Yes, WhatsApp chats can be traced by police .
Though police can request access to the servers of WhatsApp, since these messages are end-to-end encrypted, they can only be read by the sender and the recipient. So, getting access to the WhatsApp servers would not provide them access to the message content.
