India Bans Encrypted Messaging Apps

List of apps which are banned

India has banned 14 mobile applications that provided end-to-end encrypted messaging services or enabled peer-to-peer messaging, including Mediafire, Briar, Element, Crypviser, Enigma following the recommendation of the Ministry of Home Affairs (MHA) beginning of May 2023.

The full list of newly banned 14 apps:

• Crypviser
• Enigma
• Safeswiss
• Wickrme
• Mediafire
• Briar
• BChat
• Nandbox
• Conion
• IMO
• Element
• Second line
• Zangi
• Threema

Coincidentally, we in a coalition with 45+ organizations warned against exactly such a development in democratic countries in an open letter on Press Freedom Day - so around the same time as India issued the ban on these 14 apps.

Reason

These apps were allegedly being used by terrorist groups, largely in Jammu and Kashmir, to communicate among themselves

The block included Free Software apps, such as Briar and Element, which are now banned in India. The reason the officials give for justifying the ban is that these apps would not have “any representatives in India and cannot be contacted for seeking information as mandated by the Indian laws”.

However, Element already published a statement regarding the issue explaining that they do reply to Indian government requests: “While Element never compromises end-to-end encryption or user privacy, we have been contacted by Indian authorities in the past and addressed them in a constructive fashion (typically responding same-day). Indeed our Trust & Safety team works with governments to build safer secure communications for everyone; while ensuring user privacy and protecting end-to-end encryption.”

Why the following reason is not justifiable

• This makes India the first democracy to follow in the footsteps of authoritarian governments like Iran and Russia.

• Terrorists also drink water do we ban water.

  Dihydrogen monoxide is a dangerous chemical. It has a pH value more than the most dangerous acid. It has been shown to mutate DNA, denature proteins, disrupt cell membranes, and chemically alter critical neurotransmitters. Excessive ingestion produces a number of unpleasant though not typically life-threatening side-effects. It is a major component of acid rain. Its gaseous form can cause severe burns. It contributes to soil erosion. It leads to corrosion and oxidation of many metals. It causes contamination of electrical systems often causes short-circuits. Exposure to it decreases effectiveness of automobile brakes. It is found in biopsies of pre-cancerous tumors and lesions. It is given to vicious dogs involved in recent deadly attacks.

  Any person who has ever ingested this chemical has eventually died although the time of death varies. But one thing is certain is that there is 100% mortality rate among humans who have come ingested it.

• The Indian government is using terrorisim as an excuse to spy on it’s citzens.In a democracy the people should be able to keep an eye on government not government spying on people.

• The government officials are not qualified as there is no educational qualification required to become a minister in India.In the early days of India the literacy rate was very low(around 12%) so this made sense but nowdays as India literacy rate is nearly 78% as of 2023.I think there should be an enterance exam for these officials so our leaders are qualified and can take right decision on our behalf.The government officials who voted for this law to pass don’t even understand the technical concepts, if they did they would have never banned free software apps like Element and Briar.

• Most Indian people do not understand online privacy as a result there will be not protests in India as we see in US, when they pass such laws.

• I think people who want to misuse will have enough money for VPN. General people are going to suffer.

• You can’t have a functional democracy without free speech and right to privacy.

Encryption brings safety

• HTTPS is a form of encryption and standard protocol.This effectively is an attempt to ban all forms of encryption period, which is largely impossible nowadays.

• Encryption cannot be banned because it is math (cryptography) i can send an encrypted message to someone and tell them the decryption key in real life then it does not matter if the app is encrypted or not.

Indian Open Source Community files complaint

Based on statements like the one from Element who say they have not been contacted about the blockage indicate that reasoned blocking orders and a pre-decisional hearing were not provided to these 14 mobile apps. The Free Software Community of India (FSCI) argues that “denial of these rights violates Shreya Singhal v. Union of India and Section 69A Information Technology Act, 2000 (IT Act, 2000). Moreover, ambiguity exists around the territorial scope and extent of the ban, as it is unclear if the ban is applicable and enforceable across India or just in J&K (Jammu and Kashmir).Complete and absolute bans on mobile apps are a disproportionate restriction on the right to freedom of speech and expression. In efforts to advance transparency, IFF filed a series of Right to Information (RTI) applications with the Ministry of Electronics and Information Technology (MeitY), Ministry of Home Affairs (MHA), and J&K police to obtain the blocking order, an exhaustive list of the banned apps, and to seek more information regarding it.”

FSCI’s Statement

A petition has been filed by people belonging to the Free Software Community of India in High Court of Kerala to publish the banning order as well as release the banned apps back to the public with the argumentation that the blocking order is illegal.

Conculsion

“If privacy is outlawed, only outlaws will have privacy”