Traceability Rule
Definition
Rule 4(2) of the Intermediary Guidelines 2021. Requires significant social media intermediaries that provide messaging to enable identification of the first originator of information, on a competent-authority order. WhatsApp has challenged the rule before the Delhi High Court.
- Legal source
- Rule 4(2), Intermediary Guidelines 2021
- Jurisdiction
- India
- Requirement
- Identify the first originator of a message
- Trigger
- Competent-authority order
- Legal challenge
- WhatsApp before the Delhi High Court
Common questions
Why is the traceability rule controversial for encrypted messaging platforms?+
Identifying the first originator on an end-to-end encrypted platform typically requires either breaking encryption or attaching unique identifiers to every message, both of which raise privacy and technical feasibility concerns that platforms have contested in court.
What does the rule require a platform to disclose, and what does it not require?+
It requires identifying who first sent a specific message when ordered by a competent authority. It does not require the platform to disclose the content of the message itself, only the originator's identity.
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