The Internet Freedom Foundation<\/a> (IFF<\/a>) has published a 12-point fact-check of the government’s FAQs<\/a> on Part II of the Information Technology Rules<\/a>, 2021, which it released on Monday. The rules themselves were notified in February and came into effect on May 26. Part II of the IT Rules<\/a> deal with due diligence by an intermediary and the government's grievance redressal mechanism. 电子和信息技术(MeitY)表示,常见问题是为了带来清晰的规则和“尽职调查”的细微差别解释,中介机构必须遵循,但IFF说许多声称被当作事实在文档中。 的互联网自由基金会(敌我识别)发表了12号核实政府的常见问题在第二部分信息技术规则,2021年,它于周一公布。规则本身是通知2月和5月26日生效。第二部分的它的规则处理由一个中介尽职调查和政府不满的补救机制。
The Ministry of Electronics and Information Technology<\/a> (MeitY) said the FAQs were meant to “bring clarity” on the rules and “explain the nuances of the due diligence” that intermediaries must follow, but IFF said many claims were presented as facts in the document.
The first of these was MeitY’s claim that it had invited public comments on the draft rules in December 2018, and adopted the rules based on the comments and suggestions it received. IFF said that while there was indeed a public consultation in 2018, the IT Rules, 2021 are “drastically different” from the draft that was released back then. “No public consultation was held for this version of the rules,” it said.
IFF also said the government’s claim that the rules “focus on protecting online privacy<\/a> of individuals and are consistent with the fundamental right to privacy” was incorrect. It said the rules are not consistent with the right to privacy and in fact seriously undermine the right to privacy. “In particular, Rule 4(2) considerably weakens end-to-end encryption, which has now become the privacy standard for mobile based messaging platforms,” IFF said. Rule 4(2) says messaging platforms such as WhatsApp<\/a>, Facebook Messenger<\/a> and Telegram “shall enable the identification of the first originator of the information on its computer resource as may be required by a judicial order passed by a competent court or authority”.
IFF countered the government’s claim that intermediaries only have to be able to trace the first originator of a message or post when it directs them to do so. Instead, it said, such services would have to enable first-originator traceability for all texts, all the time, “since it is impossible to predict which message may receive an order against it for tracing of the first originator”.
The new IT rules have been challenged in various courts since they came into effect earlier this year. Two high courts -- Bombay and Madras -- have stayed portions of the rules that seek to regulate digital news publishers and OTT platforms that have a physical presence in India or “conduct systematic business activity of making content available in India”.
On August 14, the Bombay High Court stayed sub-rules (1) and (3) of Rule 9 of the IT rules, which requires digital news media and online publishers to adhere to the \"Code of Ethics\" that are a part of the rules. It said that on the face of it, these two provisions infringe on the fundamental right to freedom of speech and also go against the substantive provisions of the Information Technology Act, 2002. The following month the Madras High Court stayed the same two clauses and said the stay ought to come into effect across India, Livelaw reported.
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这规则严重破坏隐私,敌我识别说反驳政府的常见问题解答
的电子和信息技术(MeitY)表示,常见问题是为了“澄清”规则和“尽职调查”的细微差别解释,中介机构必须遵循,但IFF说许多声称被当作事实在文档中。
敌我识别还表示,政府声称规则”专注于保护网络隐私个人和符合基本隐私权”是不正确的。它说,规则与隐私权是不一致的,事实上严重破坏隐私权。“特别是,规则4(2)大大削弱了端到端加密,它现在已经成为隐私标准的基于移动通讯平台,“敌我识别说。规则4(2)说,这样的消息传递平台WhatsApp,Facebook Messenger和电报”应当使第一个发起者的身份信息的计算机资源可能需要通过司法秩序通过法院或主管机关”。
敌我识别反驳政府声称,中介机构只需要能够跟踪第一个消息的发起者或post时指导他们这样做。相反,它说,这样的服务会使先追溯所有文本,所有的时间,“因为它是无法预测哪个消息可能会收到一个订单对跟踪的第一个发起者”。
新规则以来各法院挑战他们今年早些时候生效。两个高等法院——孟买和马德拉斯——保持部分规则,寻求规范数字新闻出版商和奥特平台,有一个在印度或物理存在”进行系统的业务活动的内容可以在印度”。乐动扑克
8月14日,孟买高等法院呆sub-rules(1)和(3)第九条的规定,这就需要数字新闻媒体和在线出版商坚持“道德规范”,是一个规则的一部分。乐动扑克该公司说,从表面上看,这两个规定侵犯言论自由的基本权利,也违背的实质性规定信息技术法案》,2002年。次月马德拉斯高等法院保持不变两个条款和说,呆在印度应该生效,Livelaw报道。
The Internet Freedom Foundation<\/a> (IFF<\/a>) has published a 12-point fact-check of the government’s FAQs<\/a> on Part II of the Information Technology Rules<\/a>, 2021, which it released on Monday. The rules themselves were notified in February and came into effect on May 26. Part II of the IT Rules<\/a> deal with due diligence by an intermediary and the government's grievance redressal mechanism.
The Ministry of Electronics and Information Technology<\/a> (MeitY) said the FAQs were meant to “bring clarity” on the rules and “explain the nuances of the due diligence” that intermediaries must follow, but IFF said many claims were presented as facts in the document.
The first of these was MeitY’s claim that it had invited public comments on the draft rules in December 2018, and adopted the rules based on the comments and suggestions it received. IFF said that while there was indeed a public consultation in 2018, the IT Rules, 2021 are “drastically different” from the draft that was released back then. “No public consultation was held for this version of the rules,” it said.
IFF also said the government’s claim that the rules “focus on protecting online privacy<\/a> of individuals and are consistent with the fundamental right to privacy” was incorrect. It said the rules are not consistent with the right to privacy and in fact seriously undermine the right to privacy. “In particular, Rule 4(2) considerably weakens end-to-end encryption, which has now become the privacy standard for mobile based messaging platforms,” IFF said. Rule 4(2) says messaging platforms such as WhatsApp<\/a>, Facebook Messenger<\/a> and Telegram “shall enable the identification of the first originator of the information on its computer resource as may be required by a judicial order passed by a competent court or authority”.
IFF countered the government’s claim that intermediaries only have to be able to trace the first originator of a message or post when it directs them to do so. Instead, it said, such services would have to enable first-originator traceability for all texts, all the time, “since it is impossible to predict which message may receive an order against it for tracing of the first originator”.
The new IT rules have been challenged in various courts since they came into effect earlier this year. Two high courts -- Bombay and Madras -- have stayed portions of the rules that seek to regulate digital news publishers and OTT platforms that have a physical presence in India or “conduct systematic business activity of making content available in India”.
On August 14, the Bombay High Court stayed sub-rules (1) and (3) of Rule 9 of the IT rules, which requires digital news media and online publishers to adhere to the \"Code of Ethics\" that are a part of the rules. It said that on the face of it, these two provisions infringe on the fundamental right to freedom of speech and also go against the substantive provisions of the Information Technology Act, 2002. The following month the Madras High Court stayed the same two clauses and said the stay ought to come into effect across India, Livelaw reported.
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