In the ongoing battle between the government and the WhatsApp, What's app has reached the Delhi high court against the government challenging the government's new IT rules that requires messaging app to trace chats and make provisions to identify the first originator of the information. The rules pertaining to the new guideline notified under the information technology act (guidelines for intermediaries and digital media ethics code)2021 on February 25 . They gave three months to implement new content moderator and to appoint officer who will be liable and adopting feature to trace the messages of people and first originator that includes appointing nodal contact person for 24/7 with law enforcement officer and resident governance officer. Regarding the same WhatsApp reached the high court at the last moment,the day before the rules had to came into effect and has argued that the tracing and tracking the chat will violate the concept of end to end encryption and it will force the company to collect and store the private sharing of billions of messages by millions of people. WhatsApp argued that the provision is unconstitutional and against the fundamental right of privacy as per article 21 upheld by the supreme court decision. The new policy brings digital information in the ambit of section 69A of the IT act which empowers the government to order the blocking of content which is threat to the sovereignty and security of India or which can lead to incitement to offence relating to sexually explicit content, pornography or sexual abuse material and can be threat to public order. The privacy of people is a concern and even those who are threat to the security and public order.WhatsApp moving to the high court can prove turning point which might bring up a solution to this tussle between the government and WhatsApp as even WhatsApp does not want to compromise with end-to-end encryption and privacy privilege of its people and being the highest used messaging app used by millions of people trusting its privacy feature. But at the same time government is also concerned about tracking the traitors, which requires a middle way to meet the concern of both the parties.
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