India Pushes Data Access Request
India is asking all companies that offer encrypted communications to install servers in the country so the government will have access to user data. India’s Home Secretary G.K. Pillai said notices were being dispatched to companies like Google and Skype, numerous Indian news reports said. While the U.S. State Department has been in touch with its foreign partners, it’s a matter for RIM and to work out directly with Indian officials, the agency said in an e-mailed statement.
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The Indian government has already told the maker of the BlackBerry, Research in Motion, that it must set up a server in India to allow security forces to intercept the encrypted messaging system. The government has made it clear to other companies that they must do the same, Pillai said. India’s Ministry of Home Affairs said it has made it clear that any communication through the telecom networks should be accessible to the law enforcement agencies and all telecom service providers including third parties have to comply. It was also decided that India’s Department of Telecommunications would study the feasibility of all such services being provided through a server located only in India.
The State Department recognizes that such issues involve legitimate security concerns, but those concerns are balanced against the importance of open access and use, the e-mail statement said. The discussions between India and RIM reflect tensions among security, economic efficiency, and individuals’ right to privacy, it said: “We are aware of the difficulties in balancing these tensions. We hope that RIM and the government of India will be able to achieve a mutually satisfactory outcome that encompasses the full set of complex technical and policy issues at stake and engages all relevant stakeholders."
Google hasn’t received any communication on this issue from the Indian government, a spokesman said. According to Google’s data, India made 1,061 requests for user data in the second half of 2009, the most after Brazil, the U.S. and Britain. It didn’t disclose numbers from China because “Chinese officials consider censorship demands as state secrets.” Skype couldn’t immediately be reached for comment.
RIM has agreed to provide access to some of the communications that are transmitted through the RIM systems and these have been operationalized with effect from Sept. 1, India’s Ministry of Home Affairs and the Department of Telecommunications said. Discussion on technical solutions for further access, are continuing and the matter will be reviewed within 60 days, they said. Some ITU member countries are pressing for changes to treaty instruments that may account for data sharing (CD Sept 3 p13).