Messaging Apps under Scrutiny: TRAI Seeks Feedback On 'Selective Banning' Of OTT Services

The Telecom Regulatory Authority of India (TRAI) on Friday (7 July) released a consultation paper seeking feedback on the possibility of bringing messaging apps like WhatsApp under a licensing framework.

The telecom regulator has also sought suggestions on whether such apps can be banned “selectively” in places where an Internet shutdown would otherwise have been imposed.

In September 2020, TRAI had recommended against regulating "OTT communication services," which include apps that allow calling and texting over the Internet with encryption for added security.

However, this recommendation was not accepted by the Department of Telecommunications (DoT), who believes a holistic examination of these services is necessary.

The DoT, responsible for licensing telecom operators, expressed its disagreement with TRAI's previous recommendation in September.

The DoT emphasized the importance of considering various aspects of messaging services, including regulatory, economic, security, privacy, and safety concerns.

Dindayal Tosniwal, a Deputy Director General at the DoT, cited the “need to holistically look into the various aspects of these [messaging] services including regulatory, economic, security, privacy and safety aspects," reports The Hindu.

Telecom operators and their associations have been advocating for the regulation of messaging apps and requesting that these apps contribute to the costs incurred by networks for running their infrastructure.

Vodafone Idea, in a filing to TRAI in 2019, stated that there should be same norms for lawful interception and encryption for both telecom service providers (TSPs) and over-the-top (OTT) services. WhatsApp, the leading online communications app in India, complies with global requests to share "metadata" such as a user's phonebook or call and message details. However, they are unable to share the actual content of messages or recordings of phone calls due to end-to-end encryption, which makes them inaccessible to both telcos and WhatsApp itself.

Telecom operators, on the other hand, are complying with a significant number of interception orders that grant agencies the ability to listen in on phone calls.

In 2015, the then IT and Communications Minister, Ravi Shankar Prasad, revealed in Parliament that 5,000 such orders were being issued each month.

The Cellular Operators Association of India (COAI) stated last year that these requests were growing exponentially, and Bharti Airtel even requested reimbursement from the government for surveillance-related expenses.

Telecom operators, on the other hand, are complying with a significant number of interception orders that grant agencies the ability to listen in on phone calls.

In 2015, the then IT and Communications Minister, Ravi Shankar Prasad, revealed in Parliament that 5,000 such orders were being issued each month.

The Cellular Operators Association of India (COAI) stated last year that these requests were growing exponentially, and Bharti Airtel even requested reimbursement from the government for surveillance-related expenses.