The Karnataka High Court Tuesday directed the Centre to block the Swiss secure email service Proton Mail in the country. A single-judge bench of Justice M Nagaprasanna also asked the government to take steps to block the offending URLs of Proton Mail until the encrypted email service is blocked in India.
In this case, a Bengaluru firm, M Moser Design Associates, had approached the high court about the alleged targeting of some women employees using the Proton Mail service, wherein emails with obscene content, including AI-generated ‘deepfake’ images, had been sent. The petition called for agreements between India and Switzerland to obtain information and documents regarding the sender of the offensive emails and to preserve them. It also called for steps to ban the plaKarnatform.
The petitioner’s counsel stated that, although the service allowed users to select India as a location, its servers were actually located outside the country. The plea also highlighted previous instances where the platform’s blockage was sought on behalf of the Tamil Nadu Police. It also noted that several bomb threats had been sent to schools using the platform.
Issuing an order in favour of the petitioner, the bench stated, “Mandamus issued to respondents- Ministry of Home Affairs, Ministry of Electronics and Information Technology (MEITY) and Ministry of Communications to initiate proceedings in terms of Section 69A of the Information Technology Act 2000 read with Rule 10 of the IT Procedure and Safeguards of Blocking of Access to Information by Public Access Rules, 2009 to block ProtonMail.” Section 69A of the IT Act gives the government the power to block access to certain information through computer resources.
A detailed order is awaited.
Previously, the Delhi High Court had directed the Ministry of Home Affairs (MHA) and the Delhi Police to investigate the use of Proton Mail. As reported by the Indian Express, the Delhi High Court matter dealt with a habeas corpus petition. It sought the production of the petitioner’s wife and their two minor children after the woman was found to be corresponding with her father over Proton Mail, which the police claimed is banned in India.
This March, before the Karnataka High Court, MEITY sent a communication stating that ProtonMail was not actually blocked. It stated, “MEITY can exercise this power (blocking) upon receipt of a request from a Nodal Officer and after examination and recommendation by the Committee…… action can also be taken under section 69A if so ordered by a competent Court. It is submitted that Proton Mail has not been blocked in India under Section 69A of IT Act, 2000 and is operating in India.” Indian Express