Soumitro Datta

UX | Research | Product | Design

[SFLC.in @SFLCin]

Statement on the Indian government's order to GitHub to block BitChat:

The Indian Cyber Crime Coordination Centre (@Cyberdost ) under the Ministry of Home Affairs (@PIBHomeAffairs) has ordered GitHub (@github) to remove three URLs linking to BitChat, an app that works offline without an internet connection and enables users to communicate over Bluetooth. This order was issued under Section 79(3)(b) of the Information Technology Act, 2000, read with Rule 3(1)(d) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

During the internet shutdowns imposed on multiple occasions over the past week in parts of Central Delhi, many protesters faced difficulties communicating or seeking emergency services. Open-source applications like BitChat allow people to communicate with other people using the same application nearby, without an internet connection.

The order states that the application would impede the state's ability to conduct lawful interception and surveillance and enable users to circumvent lawful restrictions such as internet shutdowns. The notice was issued at 11:16 PM on 23rd July and has given GitHub three hours to remove the links.

However, the order fails to satisfy the tests of legality, necessity, and proportionality and constitutes as an abject misuse of Section 79(3)(b) of the IT Act, read with Rule 3(1)(d) of the IT Rules 2021.

At the outset, Section 79(3)(b) does not confer the power to block or remove content, which instead stems from Section 69A of the IT Act. The issuance of orders with generic grounds is further inconsistent with the safeguards laid down by the Supreme Court in Shreya Singhal v. Union of India. The Supreme Court upheld Section 69A of the IT Act, 2000 strictly because it required that blocking orders must be reasoned, necessary, and proportionate, and that such reasons must be recorded in writing to enable judicial review.

The opacity surrounding these removals goes against the strict requirements of accountability and record-keeping embedded in the Information Technology (Procedure and Safeguards for Blocking for Access of Information by Public) Rules, 2009.

The only reason this particular order in the current instance became public is not due to dissemination by the issuing authority, but rather because @Jack posted about the same on X. What we see emerging through these removals is a system of informal, decentralised censorship, where the government can direct content removals without transparency or oversight.

The lack of information renders a meaningful legal challenge impossible and leaves affected parties without legal redressal, including the basic elements of review that Section 69A provides when read with the Blocking Rules 2009. Orders passed under Section 79(3)(b) therefore function as circumventions of the procedural safeguards enumerated under Section 69A of the IT Act.

@jack @BitchatMe_ @callebtc @FOSSUnited @GitHubPolicy @GithubProjects

#FOSS #internetshutdown

[IFEX @IFEX]

#India 🇮🇳 @SFLCin strongly condemns the internet shutdown imposed in parts of Central Delhi. "Imposing internet shutdowns during peaceful protests sets a dangerous precedent," it added.

https://t.co/tY7y7nSKpv

[Setu @Setu_API]

Account Aggregators are the next big thing in fintech.

As tempted as we are to call it the ‘UPI moment for data’, we’re going to hold off.

It’s time someone stepped in and cleared the air. 🧵

https://t.co/o5vPLDw1tT

[Soumitro Datta @soumitro_d]

@YouthKiAwaaz Thanks for the motivation :)

[Soumitro Datta @soumitro_d]

Small-ish poem, late again, Happy belated Independence Day 🇮🇳

#poem #poetry #urban #urbanisation #IndiaAt75

Villages In The City https://t.co/FuUDHM36ir

[Aviral Bhatnagar @aviralbhat]

India ranked globally today across digital:

#2 in Internet Users
#1 in Data Consumption
#1 in Digital Payment Volume
#3 in Unicorns
#2 in Social Media Users
#1 in Software Services Exports
#1 in Engineering Grads

Incredible potential to make this our Tech Decade

[Bhavik Rathod @bhavikrathod]

8 years ago!!!

First set of @Uber's rolled out in Bangalore and transformed mobility and the fabric of all cities in India.

What a moment! The team behind the scenes that made it happen 💥

Mahesh, Swathy, @varunmundkur, @jpalaniappan, @allenpenn

[Kishore Kumar @kishorenkumar]

[🧵Thread]
I take a lot of pride in the stories I get to tell as a designer. Over the years, I've been consciously trying to get better at storytelling. Here are 8 things that've helped me explain concepts, pitch new ideas, rationalize decisions & present better-

[Charmie Kapoor @charmiekapoor]

What a beautiful representation of relationships ✨

[D91 Labs @d91labs]

✨ New Story ✨

#FutureOfDataSharing by D91 Labs

Story of 49-year-old Sudheer has been working as a fitter with Indian Railways for 22 years now. He dreams of buying a house in his village to retire there peacefully.

Read the story:
https://t.co/w0I1pbBLpP

[D91 Labs @d91labs]

Let us know what you think about the survey? Do share it with your friends and colleagues.

RT for good karma.

You can download the entire report as PDF in this link
https://t.co/yWOfUAYAVC

[Saranya Gopinath @Saranyagop]

First your relatives, then General Samaaj concerns.
Now one urges legal systems to 'crack down' on the societal problem of being single!

[Soumitro Datta @soumitro_d]

@spsiddarthan @AckoInsurance

[Soumitro Datta @soumitro_d]

@spsiddarthan or village with good wifi :P

[Soumitro Datta @soumitro_d]

@spsiddarthan or city!

[NIUA_India @NIUA_India]

SAVE THE DATE

Launch of ClimateSmart Cities Assessment Framework 2020 & Streets for People Challenge

--> 11 September (02:00pm - 04:00pm IST)

Register 👉 https://t.co/f7jixEk5rR

More details to follow!

@MoHUA_India @SmartCities_HUA @itdpindia #CCube

[ManipalBlog @manipalblog]

Makara Sankranthi @ Udupi https://t.co/YyE8E3T8N3 #aroundmanipal

[Director, IIT Roorkee @Director_IITR]

1/2: @NIUA_India and @iitroorkee have signed a Memorandum of Understanding (MoU) for collaboration on universal design principles and inclusive development in the backdrop of ‘Building Accessible Safe Inclusive Indian Cities’ program. NIUA is India’s leading think tank on urban