According to WhatsApp, the traceability requirements in the Centre's new intermediary rules include criminal penalties for noncompliance. This means that new IT rules not only force it to break end-to-end encryption, which was designed to help users maintain privacy on the platform, but also make it easy to charge platforms in the country for non-compliance.

WhatsApp and the Government of India are once again at odds over the issue of traceability, which first surfaced in 2019. The Centre's new intermediary rules have brought the two parties to court this time. WhatsApp filed a legal complaint against the Centre on Tuesday in New Delhi, claiming that the new rules violate privacy rights by requiring the platform to break end-to-end encryption.

The earlier published IT rules give law enforcement agencies the authority to require platforms to trace the "first originator" of any message. End-to-end encryption is used by WhatsApp, and the new rules may force the messaging platform to break the encryption.

Apart from requiring traceability, the new IT rules published earlier this year threaten criminal penalties for platforms such as WhatsApp that fail to comply. The messaging platform tells India Today Tech that it had no choice but to seek the advice of the courts.

WhatsApp also provides examples of similar cases in which it has consistently opposed legal action that would force end-to-end encryption to be broken. In Brazil, the messaging platform is currently facing a similar issue, which is being heard by the Supreme Court of Brazil.

For those who are unaware, this is not the first time the Centre and WhatsApp have discussed traceability.

What exactly is end-to-end encryption?

Let us first define end-to-end encryption in the context of a platform like WhatsApp. The feature was created to ensure that a person sending a message to another person's message is not read by any third party, including the platform, in this case, WhatsApp. In other words, if you send a private message to a contact on the messaging platform, not even WhatsApp knows what it is.

WhatsApp first introduced end-to-end encryption on its messaging platform in 2016, and it has since expanded to include calls, messages, photos, videos, and even voice notes. The feature ensures that no one, including WhatsApp, reads messages sent to the intended recipient.

The new Intermediary Rules require WhatsApp to do the exact opposite of end-to-end encryption, which means that messages must be open to reveal who sent what to whom.

To be more specific, the Centre wants platforms to collect and store who said what and who shared what for messages exchanged on the platform each day. Because the messaging platform must store all user data, this opens the door to hacking attempts on user data.

Why can't traceability always find the original sender of a message?

WhatsApp emphasizes to India Today Tech that traceability will necessitate platforms collecting more data than they need solely for the purpose of turning it over to law enforcement agencies.

The company also discusses how traceability does not guarantee locating the originator of a specific message.

It correctly states that users of messaging platforms frequently see content on websites or social media platforms and then copy and paste it into chats. This means it would be impossible to understand the context in which it was first shared.

WhatsApp goes on to say that traceability cannot be imposed in any way that cannot be spoofed or altered. According to the platform, this could lead to new ways for users on the platform to be framed for things they did not say or do.

More importantly, if WhatsApp is required to collect such large amounts of user data, it becomes inherently less secure by opening up more avenues for hacking. Because the massive user data must be saved somewhere, the traceability also creates a situation in which the user data can be hacked.

The implementation of traceability for users on any platform will mean that the privacy and security of user data will fall short of current standards. End-to-end encryption has long been a benefit of WhatsApp that few other messaging apps can match. The Centre must recognize that mandating traceability undermines security features critical to individual privacy and cybersecurity.

Notably, many expert groups around the world have spoken out strongly against a traceability feature that is fundamentally incompatible with end-to-end encryption.

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Instagram is working on a new feature that allows users to choose if they want to receive two-factor authentication (2FA) codes through WhatsApp Messenger or WhatsApp Business.

2FA is a security system that requires two separate, distinct forms of identification in order to access something. It adds an additional layer of security. This feature will be optional and, if users don't feel safe, they can always enable the app authentication to generate 2FA codes, according to app analyst Alessandro Paluzzi.

While Instagram has not made the feature official as of yet, Alessandro Paluzzi was able to unearth evidence that Facebook is working on it. He also shared some screenshots on Twitter showing the user interface around this new optional feature in Instagram's app for iOS and Android. Instagram users will be able to opt in when Facebook rolls out this option to everyone.

After enabling 2FA, Instagram will ask for the phone number of the account owner. At the same time, there will be a note that reads: "Before we can confirm your WhatsApp account, let's add your phone number. WhatsApp will not store any of your information."

It will be useful for users as WhatsApp will soon support multi-devices, and it will be the perfect alternative if the smartphone of the user is turned off or not with them.

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Last week, the Ministry of Electronics and Information Technology ordered WhatsApp to reverse its new privacy policy, failing which it would take "necessary steps in accordance with law." The Communications Ministry previously stated that WhatsApp's new terms of service violate IT law, to which WhatsApp responded that the new privacy policy complies.

Now, days after WhatsApp's May 15 deadline for accepting the new terms of service, some users who have not complied with the new terms of service are experiencing the after-effects that the Facebook-owned company had promised would gradually manifest for users after persistent reminders to accept the new privacy policy.

On Monday, Twitter user @rohitghalsasi noted that WhatsApp is no longer allowing users to make audio/video calls if they have not accepted their new privacy policies.

"So, if you haven't accepted their new privacy policies, you won't be able to make audio/video calls on @WhatsApp. GoI MeitY's Twitter handle is @GoI MeitY. Can they do that, especially since you requested that the new policy be withdrawn?" Ghalsasi penned the piece.

While the calling feature appears to be working for most users who have not yet accepted the new terms of service, it appears that WhatsApp has begun applying the restrictions to some users at random, which is similar to A-B testing.

WhatsApp previously stated that users who do not accept the new terms of service will not lose their WhatsApp accounts by May 15, but may gradually lose functionality "This will not happen to all users at once. You will not be able to access your chat list, but you will be able to answer incoming phone and video calls. If you have notifications turned on, you can use them to read or respond to a message or to return a missed phone or video call."

Currently, while making audio and video calls, WhatsApp displays a pop-up to some users who have not accepted the terms of service. It says, "WhatsApp uses end-to-end encryption to protect your conversations. This means that your messages, phone calls, and status updates remain private between you and the people you choose. Even WhatsApp is unable to read or listen to them." This could be a precursor to the next step, which is to remove the functionality entirely.

It is worth noting that MeitY gave WhatsApp a week to roll back its privacy policy on May 18, and there has been no sign of a roll back in terms of service from WhatsApp. WhatsApp had previously stated that it would not postpone the May 15 deadline for accepting the new terms of service and would instead give users some time to adjust to the new terms. WhatsApp has stated that its messages are encrypted end-to-end, and the new terms of service apply only to special business accounts.

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Three months ago, in response to a Twitter dare, the Central Government quickly issued a new set of IT rules.

These rules are broad, granting the government enormous power over any company dealing in information and content within India. Almost all internet companies, whether social media networks, messaging services, news organizations, or streaming services like Netflix, must comply with the new rules. The deadline for doing so, that is, complying with the new rules, is tonight. In other words, one more day means a major headache for companies such as Twitter, Facebook, Instagram, and WhatsApp.

But first, the big question: Will Twitter, Facebook, Instagram, and WhatsApp be banned in India starting tomorrow, May 26? It's unlikely.

However, if they do not follow the new rules, they will always face significant government action.

To understand everything, let's take a quick look at what the government is requesting.

The government is attempting to impose a number of new conditions and regulatory requirements on social media companies. However, a few noteworthy examples are:

1- Big tech companies, dubbed "significant social media" by the government, must have a chief compliance officer in India who can respond to government demands and needs whenever they arise. For example, if the government requests data from Twitter about User A and the request is legally valid, this compliance officer will be in charge of gathering this information.

2- The tech companies have also been asked to hire a nodal officer who will coordinate with law enforcement agencies 24 hours a day, seven days a week, whenever the government requires it.

3- The social media companies have been asked to hire a grievance redressal officer, to whom social media users can direct their grievances if they have any.

4- Finally, companies such as WhatsApp have been asked to ensure that messages can be traced back to the original sender. This effectively means breaking or circumventing message end-to-end encryption. For a service like WhatsApp, complying with such a request is extremely difficult, if not outright impossible.

There are additional rules, but the majority of them involve technological and policy changes that tech companies have been instructed to implement. The four requirements listed above, however, are more important.

So the big question is, what happens next? Will Netflix be prohibited in India? Will the government request that WhatsApp leave the country and block the app in India? Will Twitter face legal repercussions?

Most major technology companies have yet to comply with the new It rules. Netflix, on the other hand, has done it. Other streaming services have followed suit. According to Facebook, which also owns WhatsApp and Instagram, “we aim to comply with the provisions of the IT rules and continue to discuss a few of the issues that require more engagement with the government.”

But what if they refuse or are unable to comply? The government hasn't said much, other than a vague statement in its rules. It reads as follows:

“Where an intermediary fails to comply with these rules, the provisions of sub-section (1) of Section 79 of the Act shall not apply to such intermediary, and such intermediary shall be liable for punishment under any law in force at the time, including the provisions of the Act and the Indian Penal Code.”

But what if they refuse or are unable to comply? The government hasn't said much, other than a vague statement in its rules. It reads as follows:

“Where an intermediary fails to comply with these rules, the provisions of sub-section (1) of Section 79 of the Act shall not apply to such intermediary, and such intermediary shall be liable for punishment under any law in force at the time, including the provisions of the Act and the Indian Penal Code.”

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