SUMMARY
The industry body has cited ambiguity in definitions and that the Bill strips the right of anonymity of individuals
The draft Bill has not explicitly mentioned the decryption and surveillance clause for OTT communication apps
Earlier, TRAI and other digital rights groups such as Access Now and Internet Freedom Foundation also opposed OTT-related provisions in the Bill
The Asia Internet Coalition (AIC), an industry body representing big tech companies including Meta, Apple, Alphabet and Amazon has opposed the draft telecom Bill. The industry body has asked the government to keep over-the-top (OTT) messaging apps out of the telecom Bill.
It has stated that the provisions of the Bill will give the power to the government to disclose messages of individuals, forcing messaging platforms such as WhatsApp and Signal to break encryption on surveillance orders.
The industry body has further cited ambiguity of definitions. It claimed that the current definitions expand the scope to telecom services and networks; where telecom networks include the likes of OTT communication services, internet-based communications, internet and broadband services and more.
The draft Bill has not explicitly mentioned the decryption and surveillance clause from OTT communication apps, but ambiguity in definitions indirectly includes communications apps.
AIC has also stated that the lack of clarity may make OTT communication platforms implement such encryption methods that enhance security but are also government-specified.
According to a Moneycontrol report, AIC has stated that OTT communication service providers such as WhatsApp and Signal practice end-to-end encryption – a privacy method that encrypts all messages for any intermediary party.
With the proposed Bill, they may be required to not transmit or intercept or detain or disclose any message or class of messages to the officer specified in the surveillance request/order in case of ‘public safety’ and ‘emergency’ – other vague terms that lacked any judicial oversight, AIC said.
The Bill strips the right of anonymity of individuals, AIC has stated.
The move also comes shortly after the Telecom Regulatory Authority of India (TRAI), too, opposed the inclusion of OTT communication apps such as WhatsApp in the draft telecom Bill.
The telecom regulator has advocated an issue-based approach for policymaking that would both work on the impact of OTT services on traditional telecom service providers and on the economic and security implications of such services.
Besides TRAI, digital rights groups such as Access Now and Internet Freedom Foundation have also opposed OTT-related provisions and their ramifications.
In opposition stands the cellular operators association of India (COAI). The telecom body has made a fervent pitch for regulation of OTT apps and asked for umbrella regulations on all telco-related players.
