The IT Act/Rules/Guidelines & The Originator

 

With the clause of tracing the Originator R. 4(2) in new IT guidelines (Rules), we revisited the similar era of Apple Encryption case post San Bernardino effect when Apple contended of not being forced for creating any backdoor as that would jeopardize Users’ privacy & could create domino effect all over World against Apple Users. It was case of Right vs Right or Right vs Wrong OR an opportunity to market itself as a prominent leader in End to End Encryption & Users’ Privacy; no idea, but, tracing the Originator has similar meaning hiding behind it.

 With the current Repute of TECH all over World, it has NO reason to play victim card. It shared, misused, manipulated, modified, tagged, Users’ data to build empires rather relying on subscription based non-essential expansion & success. Further, there’s nothing called wholly End to End encryption. Furthermore, the same rule also cites the case when the originator is beyond territory, & who becomes originator when the said data is amplified within territory. So, the definition is of an originator & first amplifier. S. 84A of IT Act provides modes & methods of Encryption, whereas S. 79 of IT Act defines exemption from the liabilities of intermediary in certain cases, but not ALL, as, the same Section, S. 79(2) defines when it would be applicable whereas S.79(3) defines when it would be NOT. If TECH modifies, abet, aid, protect, conceal (information alike in the case of Origin of Covid or creating Contrived Ruckus anywhere), tag (alike in the case of Mr. TRUMP account where social media acted alike publishers but denied being one), allow certain trends to grow & trend, never verifies its actual authentic Users; then YES, TECH is Liable.

So, this all Media created fight for Users’ Privacy is mere nonsense or a distraction. The Original data in its original form shall be protected. Some options are NOT to have EDIT alike functions, although, a COMMENT section can be introduced, wherein the USER can either put a comment to correct its original data to protect the Authentication of Original Electronic Records (e.g. emails), which can be retained for good.

© Pranav Chaturvedi