Why in News? Meta-owned WhatsApp told the Delhi High Court that it will have to exit India if forced to comply with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 (IT Rules).

What is the Bone of Contention? Rule 4(2) of the IT rules stipulates that any significant social media service (with over 50 lakh registered users) must enable a way to identify the first sender of the message when an order to that effect is issued by a court/ a competent authority. This means that this IT rule mandates significant digital platforms to identify the originator of the information. Several petitions have been moved against the IT Rules and are pending before different HCs.

What are the Concerns Raised by WhatsApp? WhatsApp can’t comply with the rules unless it changes the very way it transmits and stores information. The instant messaging platform encrypts messages (with a cryptographic lock that keeps changing every time a new message is sent) sent between users. Encryption and decryption of messages happen entirely on users’ devices and WhatsApp has no way to see the content or listen to calls that are end-to-end encrypted.

What is WhatsApp’s Data Retention Policy? WhatsApp does not store messages or transaction logs of delivered messages. Messages undelivered are deleted from its servers after 30 days. If any law enforcement agency wants information about user accounts on its platform, they must make a request to obtain records of specific accounts.

Why is ‘Traceability’ a Double-Edged Sword? According to WhatsApp, any government that decides to impose traceability requirements is effectively mandating a new form of mass surveillance. However, law enforcement agencies say that end-to-end encryption must not be a blanket option and it must be broken in cases involving fake news, deepfakes, or child abuse content as they cause social harm.