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Modi Govt to tighten laws as WhatsApp rejects demand for software to trace message origin

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Modi Govt to tighten laws as WhatsApp rejects demand for software to trace message origin

Whatsapp has rejected Modi government’s demand for making software to trace origin of a message on its platform, said media reports.

The response has prompted the government to consider issuing new, stringent guidelines by September to amplify the accountability of internet and social media companies under Indian law and to ensure they react quickly to stop the spread of rumours or offensive content on their platforms, according to a report in The Economic Times, quoting an official.

A WhatsApp spokesperson said, “Building traceability would undermine end-to-end encryption and the private nature of WhatsApp, creating the potential for serious misuse. WhatsApp will not weaken the privacy protections we provide.”

People rely on WhatsApp for all kinds of “sensitive conversations”, including with their doctors, banks and families. “Our focus remains on working closer with others in India to educate people about misinformation and help keep people safe,” the spokesperson added.

WhatsApp Head Chris Daniels had met IT Minister Ravi Shankar Prasad earlier this week. After the meeting, Prasad told reporters that the government has asked WhatsApp to set up a local corporate entity and find a technology solution to trace the origin of fake messages circulated through its platform as well as appoint a grievance officer. He acknowledged the role played by the Facebook-owned company in India’s digital story, but was stern that WhatsApp could face abetment charges if it did not take action to tackle the issue of fake news being circulated on its platform.

Daniels had declined to comment on the proceedings after the meeting. Briefing reporters on his talks with WhatsApp’s Daniels, minister Prasad said the company (WhatsApp) has agreed to set up a corporate entity in India, appoint a grievance officer in the country as well as follow the local laws of the land.

The Indian government has served two notices to WhatsApp seeking details of actions it has taken to curb the menace. In its response, WhatsApp had informed that it is building a local team, including having an India head, and has introduced new features to let its users identify forwarded messages.

WhatsApp has also restricted the number of forwards that can be done at a time. Besides, the company is also running advocacy and education programme to help people spot fake news. Last month, WhatsApp top executives, including COO Matthew Idema, met IT Secretary and other Indian government officials to outline various steps being taken by the company on the issue.

Now, with WhatsApp refusing to build software to trace origin of messages, the government is contemplating notification of fresh clauses under existing intermediary guidelines under Section 79 of the Information Technology Act, said ET quoting an official.

“The draft of the guidelines is ready and a legal firm is vetting it. It should be out by September,” the person said.

The proposed guidelines will mandate global internet and social media firms to name a grievance officer in the country tasked with responding to complaints within a few hours, as well as ensure there is traceability of content.

The intermediary guidelines under Section 79 of the IT Act, which was notified in 2011, mandates companies to follow “due diligence” and allowed time up to 36 hours for companies to remove objectionable content and name a grievance officer on its website for response.

However, these guidelines were not stringently enforced. Currently, internet firms such as Google and Facebook, which also owns WhatsApp, are categorised as intermediaries which act as facilitators and do not actively take part in creating or modifying information.

“The ball is now in our court, we have to come out with guidelines under Section 79 of the IT Act and then we can take it to WhatsApp (or any other internet company) and say you are not complying with them,” the government officer told ET. “These will provide us with tools to enforce (things), right now they say that they are endto-end encrypted so can’t trace the origin of messages,” the official said.

The move by the government to mandate the traceability of messages circulated will open up a “can of worms” since the law will also be binding on text messages on cellular networks, said the ET report quoting legal experts.

“The government can’t expect officials of companies to take decisions on content within a few hours, something the courts will take many years to decide,” said Rahul Matthan, partner at law firm Trilegal. “There are some sites such as Facebook which curate the news feed and play some control, and we can put responsibility on them, but all messages don’t need to be reviewed to solve this,” ET quoted him as saying.

The report said privacy experts are of the view that the proposed guidelines, if enforced, could potentially violate the Supreme Court’s past verdict during the 2015 Shreya Singhal judgement.

“The Section 79 rules were subject to review and reading down by the Supreme Court of India in its landmark Shreya Singhal judgment. Any change to them would impact constitutional rights, and requires great care and open discussion,” said Raman Jit Singh Chima, global policy director at Access Now, a digital advocacy group. “It’s unfortunate that the government body tasked to manage this — the Cyber Regulation Advisory Committee –appears to not be meeting or engaging with stakeholders publicly.”

Trilegal’s Matthan said the Supreme Court has asked the government to come up with a law against lynching and not against the messenger. “The legislature can’t amend the concepts which have been laid down by the apex court during the Singhal judgement,” he added.

India News

India Metro Rail Network May Overtake US in 2 Years

India’s metro rail network has reached 1,170 km across 26 cities. Union minister Manohar Lal said the country could overtake the US in network length within two years.

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Manohar Lal Khattar

India is on track to become the country with the second-largest metro rail network in the world after China, with Union Minister Manohar Lal saying the country could overtake the United States within the next two years.

India’s metro rail network has now expanded to 1,170 km across 26 cities. The network is only 216 km shorter than the US metro rail network, which stands at 1,386 km, according to figures cited by the minister.

India’s metro network expands rapidly

Speaking after the inauguration of an extended metro service in Indore, Manohar Lal highlighted the pace at which metro connectivity has grown in India.

He said metro services were operational across just 245 km in five cities when Prime Minister Narendra Modi assumed office in 2014. The network has since expanded to 1,170 km across 26 cities.

The minister said India could overtake the US in terms of metro rail network length in the next two years and become the world’s second-largest country in this segment after China.

China currently has around 8,000 km of metro rail lines, according to the figures cited by the minister.

Indore metro extension inaugurated

The minister made the remarks after inaugurating an extended section of the Indore metro. The project was built at a cost of around Rs 2,850 crore.

The Indore metro was earlier operating commercially on a six-km stretch between Gandhi Nagar and Super Corridor-3 stations. Following the extension, the service will operate on a 17-km route between Gandhi Nagar and Malviya Nagar Chauraha.

Madhya Pradesh Chief Minister Mohan Yadav said the metro service would mark a new phase in Indore’s development. He also said the network would eventually be extended to Ujjain and other nearby areas.

India’s metro rail network: Key figures

  • India currently has 1,170 km of operational metro rail network.
  • Metro services are operational across 26 cities.
  • The US has around 1,386 km of metro rail network.
  • India is currently 216 km behind the US.
  • China has around 8,000 km of metro rail lines.
  • India’s operational network stood at 245 km across five cities in 2014.

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India News

PM Modi returns to SRCC after 13 years, revisits 2013 glass full speech

PM Narendra Modi returned to SRCC after 13 years for its centenary celebrations, revisiting themes from his landmark 2013 address.

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PM Narendra Modi

Prime Minister Narendra Modi returned to Delhi University’s Shri Ram College of Commerce (SRCC) on Saturday, 13 years after his previous visit to the institution as Gujarat chief minister. 

His latest visit came as SRCC marked its centenary celebrations. Modi’s 2013 address at the college had attracted significant attention as he spoke about India’s youth, governance and the country’s demographic potential.

In 2013, Modi was Gujarat chief minister and had not yet been named the BJP’s prime ministerial candidate. He returned to the same campus this year as Prime Minister, having completed 12 years as Prime Minister and serving his third consecutive term. 

What PM Modi said at SRCC in 2013

The 2013 lecture was titled Emerging Business Models in the Global Scenario. The address also covered governance and India’s young population.

He described India’s youth as a source of national strength rather than simply a group of new-age voters. He also highlighted India’s demographic advantage and argued that the country needed to make better use of its young population.

One of the notable moments from the speech involved a glass of water.  Modi contrasted the conventional descriptions of a glass as half full or half empty and said he viewed it as full, with half containing water and the other half air.

The speech also included his remarks on technology and young Indians. Referring to an anecdote from a visit to Taiwan, Modi used the phrase “mouse-charmers” to describe Indians using computers and suggested that young Indians had the ability to influence the world through technology.

‘Minimum government, maximum governance’

Modi’s 2013 address also touched on governance. He spoke about the role of government and the need for better governance.

He also spoke about India’s potential in the 21st century. 

Modi returns as PM for SRCC centenary

The September 5 visit coincided with Teachers’ Day and SRCC’s 100th anniversary. The Prime Minister’s Office had announced that Modi would participate in the college’s centenary celebrations and address the gathering. SRCC was established in 1926 by industrialist and philanthropist Sir Shri Ram.

Earlier this year, Modi also met the SRCC governing body at his residence in April in connection with the college’s centenary celebrations and released a commemorative postage stamp marking the occasion. 

The return to SRCC came 13 years after his 2013 appearance at the college, when he addressed students as Gujarat chief minister.

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Supreme Court judge calls police assault on CJP protesters very distressing

Supreme Court judge Justice Ujjal Bhuyan criticised alleged police assaults on CJP protesters and raised concerns over excessive force.

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Supreme Court

Supreme Court judge Justice Ujjal Bhuyan has criticised the assault of protesters by police personnel during the recent CJP demonstrations in Delhi, describing the conduct as “very, very distressing” and a matter of serious concern.

Speaking at the launch of retired IPS officer Yashovardhan Azad’s book Policing the Republic, Justice Bhuyan said the detachment expected from police officers appeared to be diminishing.

He expressed concern over young Indian Police Service officers personally participating in the assault of protesters and demonstrators.

Justice Bhuyan stresses need for responsible policing

Justice Bhuyan said effective policing does not require excessive use of force or infringement of human rights. He emphasised that the police play an important role in maintaining public confidence because citizens generally approach the police when they feel they have been wronged.

He said maintaining the credibility of the police force was therefore of “utmost importance”.

The judge’s remarks come amid continuing scrutiny of the police and paramilitary response to the CJP protests in Delhi.

Supreme Court panel to examine police action

The Supreme Court has constituted a high-level panel to investigate allegations concerning the use of force by Delhi Police during the July 20 student protests at Jantar Mantar and the subsequent Parliament march.

The panel, headed by former Supreme Court judge Justice R Subhash Reddy, will examine complaints relating to lathi charges, tear gas, pellet guns and electronic batons. It will also look into allegations of targeted harassment or molestation of female protesters and review available CCTV and video footage.

The police response during the protests has faced criticism, while Delhi Police has maintained that its personnel were also attacked during the clashes.

Judge raises concern over custodial deaths and torture

Justice Bhuyan also spoke about custodial torture and deaths, describing custodial death as one of the gravest crimes in a society governed by the rule of law.

He stressed that torture and cruel, inhuman or degrading treatment cannot be accepted, regardless of whether such conduct takes place during investigation, interrogation or other circumstances.

The judge further warned that when government functionaries themselves become lawbreakers, it can undermine respect for the law and encourage lawlessness.

He questioned whether citizens lose their fundamental rights simply because they have been arrested by police.

‘Fake encounters’ cannot be part of policing

Justice Bhuyan also addressed allegations of extra-judicial killings, commonly referred to as “fake encounters”. Referring to a 2011 Supreme Court judgment, he said such encounters undermine the rule of law.

He stressed that an “encounter philosophy” cannot become part of legitimate policing and said proven fake encounters involving serving police officers must be treated with the utmost seriousness.

The Supreme Court’s panel will now examine the allegations surrounding the police action during the July 20 protests as scrutiny of the events continues.

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