Can The Government Intercept Whatsapp

Table of Contents

Context

The TRAI is studying the possibility of bringing platforms such as WhatsApp under the ambit of “LAWFUL INTERCEPTION”.
Lawful interception of online communications platforms such as WhatsApp, Skype, Signal or Telegram has been a long-running debate.
It has ranged governments and regulators across the world against technology companies and privacy activists.

Issue of OTTs over-the-top service providers (OTTs).
Regulatory regime The other argument made at the time was that these services do not fall under the licensing regime prescribed by the Indian Telegraph Act, 1885, and operated in a regulatory dark spot.
TRAI will submit its views to the Department of Telecommunications (DoT), which will decide on the next course of action.
Currently, the regulator is studying global practices as far as a lawful interception on online platforms is concerned.

The Indian Telegraph Act, 1885 states that on the occurrence of any public emergency, or in the interest of public safety,
Apps such as WhatsApp, Signal, Telegram, etc. claim to provide end-to-end encryption of their messages.
This has caused some uncertainty among the authorities on how they can seek access to messages.

As per the WhatsApp Privacy Policy, they may collect, use, preserve, and share user information if it is reasonably necessary tokeep users safe
detect, investigate, and prevent illegal activity
respond to legal process, or to government requests
The United States Department of Justice has made fresh arguments for access to encrypted communications. The New York Times reported that Attorney General William P Barr has written to Facebook CEO Mark Zuckerberg, pointing out that companies should not “deliberately design their systems to preclude any form of access to content even for preventing or investigating the most serious crimes”.

A surveillance state is defined as a state which legally surveils all actions, locations, and friends of its citizens, in order to prevent crimes or in order to solve them faster.
Need of surveillance by state
India’s Mass Surveillance Projects
The surveillance of citizens by the state in India