[bestbits] Indian Encryption Policy

Mishi Choudhary mishi at softwarefreedom.org
Mon Sep 21 15:42:05 EDT 2015


Hi Carol,

Thanks for highlighting this. Its a  draft National Encryption Policy
and public comments are invited by October 16, 2015. Comments are to be
emailed to Mr A,S.A. Krishnan,  akrishnan at deity.gov.in

The key highlights of the policy are :


1. A stipulation that businesses and citizens are to maintain plain text
(unencrypted) copies of encrypted content for a period of 90 days, to be
made available to Law Enforcement Agencies (LEAs) when so directed under
law.

2. Vendors of encryption products are required to register their
products with the Government as a pre-condition to conducting business
in India. They are also expected to re-register their products with
every update. This requirement is not limited to vendors of dedicated
encryption products, and seemingly includes even products that use
encryption in the course of providing a larger service such as messaging
or e-commerce. (Service  Providers located  within  and
outside  India, using  Encryption  technology  for providing any type of
 services in India must enter  into an agreement with the Government
for providing such  services in India).

3. Encryption   algorithms   and key   sizes shall be prescribed
by   the Government through Notifications from time to time.


On 09/21/2015 03:33 PM, Carolina Rossini wrote:
> Hi folks, I feel this could be a good topic for a coalition response through the BB platform. Can the folks for India give some context to the folks in this list? Let us know if such an action would be helpful.
> 
> Carol
> 
> Sent from my iPhone
> 
>> On Sep 21, 2015, at 2:24 PM, Mishi Choudhary <mishi at softwarefreedom.org> wrote:
>>
>> Worrisome development from India through this encryption policy
>>
>>
>> http://deity.gov.in/sites/upload_files/dit/files/draft%20Encryption%20Policyv1.pdf
>>
>> -- 
>> Warm Regards
>> Mishi Choudhary, Esq.
>> Legal Director
>> Software Freedom Law Center
>> 1995 Broadway Floor 17
>> New York, NY-10023
>> (tel) 212-461-1912
>> (fax) 212-580-0898
>> www.softwarefreedom.org
>>
>>
>> Executive Director
>> SFLC.IN
>> K-9, Second Floor
>> Jangpura Extn.
>> New Delhi-110014
>> (tel) +91-11-43587126
>> (fax) +91-11-24323530
>> www.sflc.in
>>
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-- 
Warm Regards
Mishi Choudhary, Esq.
Legal Director
Software Freedom Law Center
1995 Broadway Floor 17
New York, NY-10023
(tel) 212-461-1912
(fax) 212-580-0898
www.softwarefreedom.org


Executive Director
SFLC.IN
K-9, Second Floor
Jangpura Extn.
New Delhi-110014
(tel) +91-11-43587126
(fax) +91-11-24323530
www.sflc.in



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