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Centre plans stricter compliance rules for VPN providers, may mandate compliance officers

The Centre is exploring stricter compliance requirements for VPN providers, including designated compliance officers, to improve cybercrime investigations and regulatory accountability.

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The Centre is considering stricter compliance measures for virtual private network (VPN) service providers operating in India as part of its broader efforts to strengthen cybersecurity enforcement and improve cybercrime investigations. Officials are exploring a framework that could require VPN companies to appoint designated compliance officers or authorised representatives to coordinate with enforcement agencies and the Indian Computer Emergency Response Team (CERT-In).

The move comes amid growing concerns within the government over the alleged misuse of VPN services to conceal user identities, bypass law enforcement, and access websites or online platforms that have been blocked in the country.

Government seeks stronger compliance framework

According to government officials, the proposal is intended to ensure that VPN providers establish a clear compliance mechanism in India. Designated officials would be responsible for responding promptly to lawful requests from investigating agencies and CERT-In during cyber incident investigations.

Authorities have stressed that the objective is to improve accountability and facilitate quicker coordination during investigations involving cyber offences rather than monitor ordinary internet users.

Officials also noted that cybercriminals frequently use anonymisation tools, including VPN services, while carrying out ransomware attacks, financial fraud, phishing campaigns, and other online crimes. The proposed framework is aimed at helping investigators trace those involved in such offences through lawful procedures.

Proposal draws from existing IT Rules

The proposed compliance model is similar to the framework introduced under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

Under those rules, significant social media intermediaries are required to appoint a Chief Compliance Officer, a Nodal Contact Person for round-the-clock coordination with law enforcement agencies, and a Resident Grievance Officer. Officials believe adopting a comparable structure for VPN providers would improve accountability, particularly for companies serving Indian users from outside the country.

Existing CERT-In directions remain in focus

The renewed discussions also highlight the cybersecurity directions issued by CERT-In in April 2022.

Under these directions, VPN providers, cloud service providers, virtual private server (VPS) providers, and data centres are required to collect and retain subscriber information for at least five years, even after a customer stops using the service.

The framework requires providers to maintain verified subscriber details, including names, physical addresses, contact numbers, email addresses, IP addresses, the duration of service usage, and the purpose for which the service was obtained. These records must be made available to authorities when sought as part of a lawful cybercrime investigation.

Government officials have maintained that access to subscriber information is limited to lawful investigations and is not intended for indiscriminate surveillance.

VPN industry had opposed data retention rules

When the CERT-In directions were introduced in 2022, several VPN companies and digital rights groups opposed the requirements. They argued that mandatory retention of customer information conflicted with their “no-logs” policies, which are designed to protect user privacy.

Some providers responded by changing their operational models. ExpressVPN, for instance, removed its physical servers from India and began serving Indian users through virtual server locations outside the country. Other VPN companies adopted similar arrangements while continuing to offer services in the Indian market.

Following representations from industry associations and technology companies, the government had extended the compliance deadline from June 27 to September 25, 2022, allowing providers additional time to implement the required changes.

Focus remains on cybercrime investigations

Officials said the latest initiative is intended to place VPN providers under compliance standards comparable to those applicable to other digital intermediaries operating in India. The government believes the proposed measures will strengthen its ability to investigate cybercrimes while further expanding the country’s digital regulatory framework.

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Uniform rules for WhatsApp, Telegram under review as Centre examines legal aspects

The Centre is reviewing responses from WhatsApp, Telegram and Zoho Bharat Eye over username-based messaging features, with a notification on uniform rules likely within 20 days.

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WhatsApp

The Centre is reviewing responses submitted by WhatsApp, Telegram and Zoho Bharat Eye regarding their username-based messaging features, as the government evaluates whether regulatory action is required. A notification on the issue could be issued within the next 20 days.

MeitY examines responses from messaging platforms

According to sources in the Ministry of Electronics and Information Technology (MeitY), WhatsApp, Telegram and Zoho Bharat Eye have responded to government notices concerning username-based messaging features.

The ministry’s legal team is scrutinising the replies to determine whether any existing legal provisions have been violated and whether any clauses can be invoked for regulatory action or sanctions.

Speaking on the sidelines of the launch of a cybersecurity report on Monday, MeitY Secretary S. Krishnan confirmed that WhatsApp’s response had been received over the weekend and is currently under examination.

“The reply was received last week. We are examining the response and action, if any, will be taken after that examination,” he said.

Government stresses uniform regulatory approach

The government has maintained that any regulatory framework introduced in connection with username-based messaging will apply equally across all messaging platforms rather than targeting any single service.

Union Minister Ashwini Vaishnaw has indicated that a notification on the matter is expected within the next 20 days. The ongoing review is focused on examining the legal implications rather than being a purely policy exercise.

Why the government raised concerns

MeitY had issued notices to WhatsApp, Telegram and Signal after expressing concerns that username-based messaging, which allows users to communicate without sharing their phone numbers, could be misused for impersonation, phishing, identity theft and so-called “digital arrest” scams.

Earlier, a WhatsApp spokesperson said the platform is primarily designed as a private messaging service that helps people stay connected with friends and family.

The review forms part of the government’s broader efforts to strengthen online safety, curb the misuse of digital communication platforms and ensure that any future regulations are implemented uniformly across messaging services.

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Delhi Police arrest 2 Lucknow University law students for disrupting Supreme Court proceedings

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The Delhi Police on Tuesday arrested Lucknow University law students Prabal Pratap Singh and Chandrabhan for disrupting proceedings inside the Supreme Court. The incident took place on July 10 in Courtroom No. 13 during a hearing before the bench of Justice K.V. Viswanathan and Justice Alok Aradhe.

Police said Prabal Pratap Singh, a third-year LLB student from Etawah, Uttar Pradesh, interrupted the court proceedings by shouting slogans, using abusive language against Chief Justice of India Justice Surya Kant, throwing court papers into the air, and creating chaos inside the courtroom. His associate, Chandrabhan, allegedly supported the disruption.

Security personnel in the Supreme Court overpowered the two and removed them from the courtroom, allowing the hearing to resume. The Court had magnanimously let them go without punishing them, CJI Surya Kant had also dismissed any action against the two law students saying they were like children.

Police said the accused had approached the Supreme Court in connection with a legal dispute after challenging an order of the Allahabad High Court. Investigators believe the disruption was linked to dissatisfaction with the progress of the case, although the exact motive is still being examined.

Following the incident, the Tilak Marg Police Station registered an FIR under relevant sections of the Bharatiya Nyaya Sanhita (BNS), including charges of obstructing public servants from performing their duties, disturbing judicial proceedings, and acting with common intention. After their arrest, both accused were produced before a Delhi court, which remanded them to two days of police custody for questioning.

The incident has raised fresh concerns over security inside the country’s highest court. Although the Supreme Court has strict entry procedures and multiple security checks, the disruption has prompted authorities to review existing security arrangements to prevent similar incidents in the future.

Police are now analyzing CCTV footage, questioning the accused, and investigating whether anyone else was involved or if the act was planned in advance. Further legal action will depend on the findings of the investigation.

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Congress invites Mamata Banerjee to July 21 event, asks her to admit leaving party was a mistake

The West Bengal Congress has invited Mamata Banerjee to its July 21 programme, asking her to publicly acknowledge that leaving the Congress was a political mistake while paying tribute to the 1993 martyrs.

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Mamata Banerjee

The West Bengal Congress has invited Trinamool Congress (TMC) chief Mamata Banerjee to its July 21 programme in Kolkata, saying she should publicly acknowledge that quitting the Congress nearly three decades ago was a political mistake.

The invitation came from West Bengal Congress president Subhankar Sarkar, who addressed reporters after reviewing preparations for the party’s ‘Martyrs’ Day’ programme at Shahid Minar.

Congress asks Mamata to acknowledge 1993 movement

Sarkar said Banerjee should recognise the historical importance of the July 21, 1993 movement instead of trying to alter its legacy.

According to him, the movement was organised under the banner of the Youth Congress, making it an integral part of the Congress’ political history.

He said political leaders who respect their own political journey earn greater public respect and urged Banerjee to pay tribute to the martyrs at the Congress programme.

‘Leaving Congress was a mistake’

Sarkar said Banerjee’s participation in the event would carry greater significance if she publicly admitted that leaving the Congress was the wrong political decision.

He described such a move as an act of political atonement and said the Congress stage remains open for anyone wishing to pay homage to those who died during the July 21, 1993 movement.

July 21 remains politically significant in West Bengal

The July 21, 1993 protest, led by Mamata Banerjee during her time in the Youth Congress, ended in police firing in which 13 people allegedly lost their lives.

After leaving the Congress in December 1997 to form the Trinamool Congress, Banerjee continued observing July 21 every year through large public rallies that gradually became a major display of the party’s organisational strength. The Congress, meanwhile, continued marking the day with comparatively smaller programmes.

Multiple events planned this year

The political landscape has changed following the TMC’s loss of power in the West Bengal Assembly elections, with the party also facing internal rebellion.

A rebel TMC faction led by Ritabrata Banerjee has announced a separate observance near the Mahatma Gandhi statue in Esplanade. Meanwhile, police have denied permission to another group loyal to the former chief minister to hold its programme at its traditional venue in front of Victoria House. The matter is currently pending before the court.

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