The Congress on Monday accused the Modi Government of opening an ‘extra constitutional detective agency’ to ‘snoop us’, ‘steal our data’ and ‘clamp down on freedom’. It also alleged that a “systematic and systemic ground work is being laid by the present regime to convert India into a ‘nanny state’”.
The party demanded that the Government withdraw the December 20 order, that allowed Central agencies monitor computer data and to place these Draft Amendments in public domain for public consultation “so that India is saved from becoming a Police State”.
AICC spokesperson Abhishek Manu Singhvi said, “Modi Government is seeking to amend ‘The Intermediary Rules, 2011’ governed under the ‘Information Technology Act, 2000. The Intermediary Rules, 2011’provide immunity for online platforms, Internet Service Providers (ISPs) — big, large, and small — for the content which is transmitted and published by end users. This allows these conduits of information to facilitate a core function of ‘free expression’ and prevents them from throttling content or overbroad censorship, thus securing our privacy.
“Modi Government seems to be seeking major technical changes in such platforms as that use encryption. With the requirement of traceability of end-to-end, the platform will either need to be substantially altered or completely done away with,” said Singhvi.
“In a nutshell either end to end encryption platforms will be dead leading to exposure of the data, calls, messages of ordinary people to Government monitoring or the platforms will just need to be adapted at the whims and fancies of the Modi Government. This is the perfect recipe to ensure a ‘Nanny State’! Modiji’s ‘Gujarat Model’ of Snooping has now reached humongous proportions,’’ he said.
Terming the alleged move by the Government as one seeking to undermine legitimate speech by requiring online platforms to become pro-active arbiters and judges of legality (not their own terms of use which is a contract between the user and a platform), Singhvi said ,’’this colossally violates legal foundations, principles of natural justice and treats ‘Everyone as Criminal’. It also shifts the duty of the state to a private party.’’