THE GIST of Editorial for UPSC Exams : 20 December 2019 (Online content - tracing origins (The Hindu))

Online content - tracing origins (The Hindu)

Mains Paper 3: Science and Tech
Prelims level: IT Act of 2000
Mains level: Challenges ahead of the IT Act of 2000 amendment

Context:

• The government is finalizing new IT rules for social media companies that would mandate traceability of the originator of information on social media platforms and removal of malicious content within 24 hours of notice.
• The proposed new norms include the deployment of technology-based automated tools or appropriate mechanisms for proactively identifying and removing or disabling public access to unlawful information or content.
• What is the background?
• Messaging giant Whatsapp has in the past drawn flak from the government on the issue of message traceability and the government has been asking the Facebook owned company to find ways to identify originators of rogue messages but the firm has resisted the demand citing privacy concerns.

What is the present status?

• Closed platforms like Whatsapp make use of end to end encryption for their content which ensures that the application doesn’t store or monitor the content being shared.
• The government has v suggested that a unique ID be created for photos and videos to allow traceability to the origin, instead of sharing information regarding the content, as most of the riots happening are initiated by a photo or a video hurting the sentiments of a particular set of people.
• PhotoDNA of Microsoft (a technology that aids in finding and removing known images of child exploitation) can also be used for the purpose of tracking the origin of messages as the software utilizes hash values of the pictures and videos to identify similar images.

What are the available ways of technology?

• There are multiple ways that the origin of an encrypted message could be tracked.
• Encryption is present in layers when a message is being forwarded and there can be technical possibilities to isolate the origin of a message.
• Whatsapp admits to the availability of technologies that could help track the encrypted messages, however, they refuse to use such technologies stating that it would be a violation of their own privacy policies and business models.

What are the legal provisions available?

• Apart from the Right to Privacy which was upheld by the Supreme Court, there are no pre-existing privacy laws in India.
• The Supreme Court has ruled that there is a fundamental right to privacy under the Indian constitution, establishing that “The right to privacy is protected as an intrinsic part of the right to life and personal liberty”.
• There have to be changes made to the existing laws wherein metadata is admissible as direct evidence for a deduction, because metadata by itself can have a lot of discrepancies.

What are the challenges involved?

• Outdated laws like the IT Act of 2000 needs to be updated according to current scenario.
• Lack of cybersecurity infrastructure and cyber warfare which needs to be worked upon.
• Lack of stringent laws to regulate open ended as well as closed end platforms.
• Right to privacy.
• Awareness and educate the people.

Way forward

• The problem of privacy and state interests needs to be looked at in a three dimensional manner i.e, law, technology and human privacy.
• The government while talking about social media monitoring should refer to the personal chats in social media and also about the monitoring of the open content available.
• The privacy of an individual cannot be an absolute right when national security requires it to be breached.
• The open platform companies will have to accept that there are technical possibilities of recovering the origins of an encrypted message under certain circumstances and take necessary actions to accommodate the same.
• Encryption is one of the best methods to ensure the protection of the privacy of an individual, however, there has to be sufficient awareness created amongst the public regarding it.

Conclusion

• Rules with respect to the traceability of the originator of information on social media platforms must help the law enforcement agencies and enable them to conduct
  investigation in a better manner. With privacy laws being strengthened, there would be several provisions that social media platforms would have to comply with. The whole idea is to trace the origin of the messages similar to call records being tracked. India’s model is what the world is looking for.

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Prelims Questions:

Q.1) With reference to the Fiscal Policy which of the following curves have a direct relationship with the tax rate and tax collection?
(1) Lorenz Curve
(2) J Curve
(3) Laffer Curve
(4) Phillips Curve

Select the correct answer using the code given below:
(a) 3 only
(b) 2 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4

Answer: A
Mains Questions:
Q.1) What are the available ways of technology in India? What are the legal provisions available for new IT rules? What are the challenges involved?