Devesh
Core Member
Last night WhatsApp turned on encryption within the app. This means, by default, if you are using the latest version of WhatsApp all your communication through the app will be encrypted. This also - probably, and that is a big probably - makes WhatsApp illegal in India. The reason? Our IT laws and rules are so outdated that a case can be made against WhatsApp because now it is using 256-bit encryption by default.
This is legally a grey area and given the fact that WhatsApp is popular in India, the government may not go after it, but in theory it can very well declare the chat app illegal. None of the Indian IT-related regulations permit 256-bit encryption in private services. Although, none of them also specifically outlaw it. But there are some guidelines issued by Department of Telecommunications, which the government can use to term WhatsApp illegal.
According to rules issued by DoT in 2007, License Agreement for Provision of Internet Service (including Internet Telephony) mandates that private parties in India cannot use encryption that is higher than 40-bits without explicit permission from the government.
WhatsApp is now probably illegal in India : News, News - India Today
This is legally a grey area and given the fact that WhatsApp is popular in India, the government may not go after it, but in theory it can very well declare the chat app illegal. None of the Indian IT-related regulations permit 256-bit encryption in private services. Although, none of them also specifically outlaw it. But there are some guidelines issued by Department of Telecommunications, which the government can use to term WhatsApp illegal.
According to rules issued by DoT in 2007, License Agreement for Provision of Internet Service (including Internet Telephony) mandates that private parties in India cannot use encryption that is higher than 40-bits without explicit permission from the government.
WhatsApp is now probably illegal in India : News, News - India Today
