BENGALURU: Before the buzz over the end-to-end encryption security feature of Whatsapp messages could fade, the instant messenger (IM) app is on a verge to get banned in India, reports Deccan Chronicle.

The end-to-end encryption facility for chats means that no third party can view chats through Whatsapp including Whatsapp employees, hackers, FBI officials, police and so on. This new security specification is unnecessary for the Indian telecom regulations, ultimately putting the IM company at risk.

Previously, encryption issue in Apple-FBI case was viral across the internet where tech honchos like Google and Apple were stood against FBI in terms of unlocking an iPhone, keeping user’s data privacy and security as areas of key concern. However, without any help from Apple, FBI was able to crack the device.

The Indian government always request decryption codes from IM chat providers, however Whatsapp is not willing to cooperate in doing so, with the claim that they themselves do not own the decryption keys. The refraining of data is a major loop hole, as more than half of the global population relies on Whatsapp for communication.

Statistics show that more than 70 million people of India use Whatsapp. To sustain and expand in India, Whatsapp needs to abide with the government policies and encryption rules which presently it does not.

As per telecom sector guideline, online services can use up to 40-bit encryption. In case of higher encryption standards, appeals and permissions to the government are only remedy. But keeping Whatsapp’s setup in preview, it’s not easy to convince the Indian government.

Thus, those using the updated end to end encryption version of Whatsapp in India are actually in to an illegal affair.

According to a report by the Independent, the government of India is yet to take a call about this Whatsapp issue.

Again, according to the Indian encryption rules, over-The-Top (OTT) services, like WhatsApp, Skype, Viber do not have encryption standards unlike telecom companies. The uses of these OTT services are not regulated in the country, and do not fall under encryption laws.

In 2015, TRAI had released an OTT consultation paper but have not imposed any rules or regulation on the OTT service providers. In that way, Whatsapp is still a legal OTT service provider in India with no encryption standards. However, lack of decryption keys can bring it to fault or problem on legal grounds at a later state. However, in overseas countries like France, China or Germany ample regulations are laid on OTT providers.

Asheeta Regidi, an Indian cyber law specialist shares with the Firstpost, ‘WhatsApp, being an intermediary, is expected to comply with directions to intercept, monitor and decrypt information issued under Section 69 of the Information Technology Act, 2000. Complying with such a direction will now be impossible for WhatsApp in view of its end-to-end encryption. Even before the introduction of this, since WhatsApp is not a company based in India, it may have been able to refuse to comply with such directions. In fact, compliance by such companies in regard to data requests from the Indian government has been reported to be very low.’

Thus the big question now is about the future of Whatsapp in India?

The government’s decision along with TRAI alone can derive robust conclusion to the future of Whatsapp in India.

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