WHATSAPP – PIL FILED IN SUPREME COURT TO BAN IT .. http://tennews.in/whatsapp-pil-filed-supreme-court/
On the above news item we asked Advocate Prashant Mali a famous International Cyber Law Expert, Privacy Law,Cyber Security & IPR Attorney. about his views on banning WhatsApp because it uses encryption asre as gien below :
The Question of banning WhatsApp is linked to encryption, While the petition has sum and substance about usage by terrorist but I find no rationale as India as a welfare state has to see larger good while protecting privacy of Indian citizens while they communicate on Internet. I feel encryption is a protector of human right called “Privacy”.
I am against creating backdoors by Law and Enforcement agencies which would allowthem to tap on users. These backdoors if created not only threaten online privacy, but can also have a chilling effect on the exercise of free expression and expose online communications and individuals data to security threats such as criminals stealing credit card data.
If Government asks for any backdoor from WhatsApp if the Hon. Supreme Court bans encryption of WhatsApp and other application, then creating such backdoors, governments would risks opening the door to both cyber criminals who can hack your phone and governments around the world who want to spy on and repress any free speech.
I feel that Government should do away with 40 bit encryption policy as mandated in the the IT Act,2000 as today even RBI uses 1024 bit encryption and claims to be moving to 2048 bit encryption. I feel Hon. Supreme Court should mandate these service providers to install their servers within boundaries of India and within the established framework of phone tapping, they should cooperate Law and Enforcement agencies in the interest of justice.
