[bestbits] Update: Indian Encryption Policy

Matthew Shears mshears at cdt.org
Tue Sep 22 13:01:16 EDT 2015 

I believe that we would be interested in contributing to such an effort 
as well.

Matthew

On 22/09/2015 17:55, Katitza Rodriguez wrote:
> I believe Cynthia is referring to any piece of advocacy action that 
> local groups are planning to do like a joint coalition letter. EFF 
> would be interested to support too that if that’s the case. and I 
> think its a great idea to coordinate with Dave Kaye on that front.
>
> Thanks
>
>> On Sep 22, 2015, at 6:48 PM, Mishi Choudhary 
>> <mishi at softwarefreedom.org <mailto:mishi at softwarefreedom.org>> wrote:
>>
>> Cynthia,
>>
>> I don't understand the first part of your question. Can you clarify 
>> please?
>>
>>
>>
>> On 09/22/2015 12:40 PM, Cynthia Wong wrote:
>>> Question for those in India: Are there proactive advocacy pieces 
>>> that the groups on this list can put together to make sure the next 
>>> draft is less awful?  Perhaps in coordination with David Kaye?
>>>
>>> HRW would be keen to participate, if that would be helpful.
>>>
>>> From: bestbits-request at lists.bestbits.net 
>>> <mailto:bestbits-request at lists.bestbits.net> 
>>> [mailto:bestbits-request at lists.bestbits.net] On Behalf Of Kevin Bankston
>>> Sent: Tuesday, September 22, 2015 9:11 AM
>>> To: Raman Jit Singh Chima
>>> Cc: Deirdre Williams; Mishi Choudhary; bestbits at lists.bestbits.net 
>>> <mailto:bestbits at lists.bestbits.net>&gt bestbits at lists.bestbits.net 
>>> <mailto:bestbits at lists.bestbits.net>>bestbits at lists.bestbits.net 
>>> <mailto:bestbits at lists.bestbits.net>>
>>> Subject: Re: [bestbits] Update: Indian Encryption Policy
>>>
>>> In regard to the continuing/future threat of a revised proposal, I 
>>> think it’s worth highlighting that the U.S. President’s office is 
>>> considering several options in regard to encryption policy (based on 
>>> this leaked memo: 
>>> http://apps.washingtonpost.com/g/documents/national/read-the-nsc-draft-options-paper-on-strategic-approaches-to-encryption/1742/), 
>>> and one of them—option 1—would be to repudiate encryption backdoors, 
>>> with an eye toward influencing other countries' behavior on this 
>>> issue.  To the extent we can figure out ways to leverage this 
>>> example to push the White House in the right direction right now, it 
>>> may pay healthy dividends later in India and around the world.
>>> _____________________________________
>>> Kevin S. Bankston
>>> Director, New America's Open Technology Institute
>>> Co-Director, New America’s Cybersecurity Initiative
>>> 1899 L Street NW, Suite 400
>>> Washington, DC 20036
>>> bankston at opentechinstitute.org 
>>> <mailto:bankston at opentechinstitute.org><mailto:bankston at opentechinstitute.org>
>>> Phone: 202-596-3415
>>> Fax: 202-986-3696
>>> @kevinbankston
>>>
>>> On Sep 22, 2015, at 11:19 AM, Raman Jit Singh Chima 
>>> <raman at accessnow.org 
>>> <mailto:raman at accessnow.org><mailto:raman at accessnow.org>> wrote:
>>>
>>> Those links are confirmed, and the Minister did a formal statement 
>>> at a press conference on this that the news wires have used for 
>>> their stories.
>>>
>>> http://indianexpress.com/article/india/india-others/government-withdraws-draft-national-encryption-policy-after-furore/
>>>
>>> Do keep in mind though that they plan to try and bring this back - 
>>> the Minister said they would redraft and then bring it back for 
>>> public comment. We should celebrate this, but then pivot to focus on 
>>> why undermining encryption should never be a policy step and what 
>>> different governments across the world need to focus on - including 
>>> India itself.
>>>
>>> Raman.
>>>
>>> On 22 September 2015 at 20:40, Deirdre Williams 
>>> <williams.deirdre at gmail.com 
>>> <mailto:williams.deirdre at gmail.com><mailto:williams.deirdre at gmail.com>> 
>>> wrote:
>>> Tryhttp://www.bbc.com/news/world-asia-india-34322118
>>>
>>> On 22 September 2015 at 11:07, Kevin Bankston 
>>> <bankston at opentechinstitute.org 
>>> <mailto:bankston at opentechinstitute.org><mailto:bankston at opentechinstitute.org>> 
>>> wrote:
>>> Is there a story or other link confirming that so we can tweet about 
>>> our community winning a quick victory? Didn't even need to write 
>>> comments!
>>>
>>> Sent via mobile
>>>
>>> __________________________________
>>> Kevin S. Bankston
>>> Director, Open Technology Institute
>>> Co-Director, Cybersecurity Initiative
>>> New America
>>> 1899 L Street NW, Suite 400
>>> Washington, DC 20036
>>> bankston at opentechinstitute.org 
>>> <mailto:bankston at opentechinstitute.org><mailto:bankston at opentechinstitute.org>
>>> Phone: 202-596-3415<tel:202-596-3415>
>>> Fax: 202-986-3696<tel:202-986-3696>
>>> @kevinbankston
>>>
>>> On Sep 22, 2015, at 11:03 AM, Mishi Choudhary 
>>> <mishi at softwarefreedom.org 
>>> <mailto:mishi at softwarefreedom.org><mailto:mishi at softwarefreedom.org>> wrote:
>>> Post a public outcry, DEITY has withdrawn this policy.
>>>
>>> On 09/21/2015 03:46 PM, Raman Jit Singh Chima wrote:
>>>
>>> Happy to add a few brief notes on the background to this if it is 
>>> helpful:
>>>
>>>
>>>  - The Indian Govt has had encryption policy discussions ongoing for
>>>  about a decade. Pre-existing telecom sector regulation placed a 
>>> limit of 40
>>>  bits on the encryption that could be deployed by ISPs or telcos on 
>>> their
>>>  networks, though that arguably applied only to them directly and was
>>>  unclear as to how it affected third parties
>>>  - A provision in the Information Technology Act (Section 69) 
>>> allowed the
>>>  Union Government to issue orders forcing decryption of data in 
>>> addition to
>>>  allowing for interception requests. When the Information Technology 
>>> Act was
>>>  amended in 2008, another provision was added (Section 84A) which 
>>> allowed
>>>  the Union Government to specify "modes or methods for encryption" by
>>>  executive rule-making. The text of the provision said that this was
>>>  supposed to be for "secure use of the electronic medium and for 
>>> promotion
>>>  of e-governance and e-commerce". The internal political context for 
>>> this
>>>  included strong political pressure from law enforcement and the 
>>> security
>>>  establishment, who raised concerns about not being able to intercept
>>>  encrypted communications
>>>  - No rules for the above provision was publicly brought up from 2008
>>>  until now, though there have been regular internal discussions - mostly
>>>  with industry and intergovernmental consultation
>>>
>>>
>>> Additionally - perhaps in response to the initial negative reaction 
>>> in the
>>> press - the Indian Dept. of Electronics and IT released an addendum 
>>> document
>>> <http://deity.gov.in/sites/upload_files/dit/files/Addendum%20-%20NEP-1_0.pdf>
>>> today. It essentially appears to be trying to suggest that the draft 
>>> rules
>>> could exempt "mass use encryption products" along with SSL/TLS products
>>> used for Internet banking (though only those specified by the 
>>> Reserve Bank
>>> of India) or for e-Commerce passwords.
>>>
>>> Sincerely,
>>> Raman.
>>>
>>> On 22 September 2015 at 01:12, Mishi Choudhary 
>>> <mishi at softwarefreedom.org 
>>> <mailto:mishi at softwarefreedom.org><mailto:mishi at softwarefreedom.org>>
>>> wrote:
>>>
>>> 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 
>>> <mailto:akrishnan at deity.gov.in><mailto: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 
>>> <mailto:mishi at softwarefreedom.org><mailto: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<tel:212-461-1912>
>>> (fax) 212-580-0898<tel:212-580-0898>
>>> www.softwarefreedom.org 
>>> <http://www.softwarefreedom.org/><http://www.softwarefreedom.org/>
>>>
>>>
>>> Executive Director
>>> SFLC.IN<http://sflc.in/>
>>> K-9, Second Floor
>>> Jangpura Extn.
>>> New Delhi-110014
>>> (tel) +91-11-43587126<tel:%2B91-11-43587126>
>>> (fax) +91-11-24323530<tel:%2B91-11-24323530>
>>> www.sflc.in <http://www.sflc.in/><http://www.sflc.in/>
>>>
>>> ____________________________________________________________
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>>>
>>> ____________________________________________________________
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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<tel:212-461-1912>
>>> (fax) 212-580-0898<tel:212-580-0898>
>>> www.softwarefreedom.org 
>>> <http://www.softwarefreedom.org/><http://www.softwarefreedom.org/>
>>>
>>>
>>> Executive Director
>>> SFLC.IN<http://sflc.in/>
>>> K-9, Second Floor
>>> Jangpura Extn.
>>> New Delhi-110014
>>> (tel) +91-11-43587126<tel:%2B91-11-43587126>
>>> (fax) +91-11-24323530<tel:%2B91-11-24323530>
>>> www.sflc.in <http://www.sflc.in/><http://www.sflc.in/>
>>>
>>>
>>> ____________________________________________________________
>>> You received this message as a subscriber on the list:
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>>> To unsubscribe or change your settings, visit:
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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<tel:212-461-1912>
>>> (fax) 212-580-0898<tel:212-580-0898>
>>> www.softwarefreedom.org 
>>> <http://www.softwarefreedom.org/><http://www.softwarefreedom.org/>
>>>
>>>
>>> Executive Director
>>> SFLC.IN<http://sflc.in/>
>>> K-9, Second Floor
>>> Jangpura Extn.
>>> New Delhi-110014
>>> (tel) +91-11-43587126<tel:%2B91-11-43587126>
>>> (fax) +91-11-24323530<tel:%2B91-11-24323530>
>>> www.sflc.in <http://www.sflc.in/><http://www.sflc.in/>
>>> ____________________________________________________________
>>> You received this message as a subscriber on the list:
>>> bestbits at lists.bestbits.net 
>>> <mailto:bestbits at lists.bestbits.net><mailto:bestbits at lists.bestbits.net>.
>>> To unsubscribe or change your settings, visit:
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>>>
>>> ____________________________________________________________
>>> You received this message as a subscriber on the list:
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>>>
>>>
>>> --
>>> “The fundamental cure for poverty is not money but knowledge" Sir 
>>> William Arthur Lewis, Nobel Prize Economics, 1979
>>>
>>> ____________________________________________________________
>>> You received this message as a subscriber on the list:
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>>>
>>>
>>>
>>> --
>>> Raman Jit Singh Chima
>>> Policy Director
>>> Access |accessnow.org <http://accessnow.org/><http://accessnow.org/>
>>>
>>> Email:raman at accessnow.org 
>>> <mailto:raman at accessnow.org><mailto:raman at accessnow.org>
>>> Skype: raman.chima
>>> PGP ID: 0x2A186000
>>>
>>> Join the Access team - we're 
>>> hiring<https://www.accessnow.org/about/jobs>!
>>>
>>>
>>>
>>> ____________________________________________________________
>>> You received this message as a subscriber on the list:
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>>> To unsubscribe or change your settings, visit:
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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 <http://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 <http://www.sflc.in/>
>>
>> ____________________________________________________________
>> You received this message as a subscriber on the list:
>> bestbits at lists.bestbits.net <mailto:bestbits at lists.bestbits.net>.
>> To unsubscribe or change your settings, visit:
>> http://lists.bestbits.net/wws/info/bestbits
>
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>       bestbits at lists.bestbits.net.
> To unsubscribe or change your settings, visit:
>       http://lists.bestbits.net/wws/info/bestbits

-- 

Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology
mshears at cdt.org
+ 44 771 247 2987



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