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India high court issues notice to government in WhatsApp challenge against new technology rules – JURIST – News

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The Delhi High Court issued a notice to the Indian central government on Friday, seeking a reply to WhatsApp’s challenge against the new Information Technology Rules which were created by the government in February 2021. Tech companies have challenged the constitutionality of Rule 4(2) and related provisions requiring social media intermediaries to identify the first originator of information shared on their platforms upon request by government authorities.

WhatsApp had first brought its petition before the high court in May, arguing that tracing the first originator would violate end-to-end encryption and require private companies to collect and store data for billions of messages by their users on a daily basis. This requirement does not satisfy the threefold test of legality, necessity, and proportionality established by the Supreme Court in KS Puttaswamy v Union of India. It would consequently violate their right to privacy, which is a…

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