India first democracy to ban encrypted messaging apps on massive scale.

Apps banned in India

According to the Indian Express 14 mobile applications that provided end-to-end encrypted (E2EE) messaging services or enabled peer-to-peer (P2P) messaging, namely "Wickrme, Mediafire, Briar, BChat, Nandbox, Conion, IMO, Element, Second line, Zangi, Threema, Crypviser, Enigma, and Safeswiss", were blocked in India following the recommendation of the Ministry of Home Affairs (MHA) beginning of May. These apps have been blocked under Section 69A of the Indian Information Technology Act, 2000.

The 14 apps were banned because they were being used by "terrorists" and their supporters in Jammu and Kashmir, according to central intelligence agencies in India.

List of encrypted apps banned

1. Wickrme

2. Mediafire

3. Briar

4. BChat

5. Nandbox

6. Conion

7. IMO

8. Element

9. Second line

10. Zangi

11. Threema

12. Crypviser

13. Enigma

14. Safeswiss

A source told the Indian Express that "the intelligence agencies also informed the MHA that most of these apps are designed to provide anonymity to their users and their features make it tough to resolve the entities associated with them. These mobile apps aid the "terrorists" and their affiliates to engage in activities which are prejudicial to sovereignty and integrity of India and can disturb peace and harmony."

The block included Free Software apps, such as Briar and Element, which are now banned in India. The reason the officials give for justifying the ban is that these apps would not have "any representatives in India and cannot be contacted for seeking information as mandated by the Indian laws".

Comment by Element

However, Element already published a statement regarding the issue explaining that they do reply to Indian government requests: "While Element never compromises end-to-end encryption or user privacy, we have been contacted by Indian authorities in the past and addressed them in a constructive fashion (typically responding same-day). Indeed our Trust & Safety team works with governments to build safer secure communications for everyone; while ensuring user privacy and protecting end-to-end encryption."

This statement makes India's argumentation on why the block was necessary look less convincing. It would be very worrisome if India - as the first democratically elected government - goes down the same path as authoritarian governments like Iran and Russia where encrypted communication tools are blocked on a massive scale already.

Coincidentally, we in a coalition with 45+ organizations warned against exactly such a development in democratic countries in an open letter on Press Freedom Day - so around the same time as India issued the ban on these 14 apps.

Encryption brings safety

These governments tend to neglect that encryption brings safety - to all of us. We must not take privacy away from all citizens as this would make the web as such completely insecure.

Or, as Phil Zimmermann put it: "If privacy is outlawed, only outlaws will have privacy."

Element's arguments go into the same direction:

"Some governments see undermining encryption as the most effective way to combat the ills of terrorism or other illegal behaviour. That approach is completely flawed; it just removes ordinary people’s ability to communicate in private which leaves them vulnerable to all types of surveillance, crime and subjugation."

"In actual fact, end-to-end encryption strengthens national security which is why Element has various parts of the French, German, Swedish, UK and US governments as customers."

"Undermining end-to-end encryption is an attack on people’s basic human right to privacy and security of communications. Rather than accept that as a cost to pay, we look to preserve and protect those rights, and to work with governments, journalists, non-profits, academic researchers and the rest of the tech industry to rise to the challenge of reducing those harms."

Indian Open Source Community files complaint

Based on statements like the one from Element who say they have not been contacted about the blockage indicate that reasoned blocking orders and a pre-decisional hearing were not provided to these 14 mobile apps. The Free Software Community of India (FSCI) argues that "denial of these rights violates Shreya Singhal v. Union of India and Section 69A Information Technology Act, 2000 (IT Act, 2000). Moreover, ambiguity exists around the territorial scope and extent of the ban, as it is unclear if the ban is applicable and enforceable across India or just in J&K (Jammu and Kashmir). Complete and absolute bans on mobile apps are a disproportionate restriction on the right to freedom of speech and expression. In efforts to advance transparency, IFF filed a series of Right to Information (RTI) applications with the Ministry of Electronics and Information Technology (MeitY), Ministry of Home Affairs (MHA), and J&K police to obtain the blocking order, an exhaustive list of the banned apps, and to seek more information regarding it."

The FSCI says in a statement:

"The ban, we believe, will not serve the purpose as there are many anonymous alternate apps that can be used by terror outfits to fill their purpose."

"Federated, peer-to-peer, encrypted, Free Software apps/software like Element and Briar, should be promoted. They are key to our national security as they provide means to enable sovereign, private and secure communication to citizens of India. Element has been embraced by Governments of France 3, Germany 4 and Sweden 5 which should be an example for India."

A petition has been filed by people belonging to the Free Software Community of India in High Court of Kerala to publish the banning order as well as release the banned apps back to the public with the argumentation that the blocking order is illegal.

The broad grounds under which the ban on encrypted chat apps in India has been challenged are:

• The impugned order has been passed without any notice and intimation to the concerned parties.

• The impugned order violates Freedom of Speech and Expression and Right to Free Trade and Profession.

• Rule 16 of the Blocking Rules, 2009 does not leave any opportunity for the aggrieved party to seek redressal from a judicial authority.

The prayers that have been relied on for relief of the banned apps in India are:

• A direction for the appropriate authorities to produce a copy of the order which sanctions the blocking.

• To quash the order to the extent that Element and Briar are unblocked and the ban is lifted.

• To set aside Rule 16 of the Blocking Rules, 2009.

The matter is set to come up on Tuesday, 16th of May, 2023 in Kerala High Court.

Right to privacy

The right to privacy and freedom of speech are closely connected and must be uphold in any democracy. Otherwise, democracy itself is at risk!

That's why we repeat the calls we made to policymakers on Press Freedom Day here. We call on governments to:

• Ensure that encryption is not being undermined via overreaching legislative initiatives.

• Ensure that technologies providing secure, encrypted services are not being blocked or throttled.

• Revisit any bills, laws and policies that legitimise undermining encryption or blocking access to services offering encrypted communication, particularly the Surveillance Legislation Amendment Act in Australia, the EARN IT Act in the US, the Online Safety Bill in the UK, Bill C26 in Canada, India’s Directions 20(3)/2022 - CERT-In and the proposed version of the rules to prevent and combat child sexual abuse in the EU.

Together we must stand up for privacy and freedom of speech!

--

Full list of Chinese apps banned in India

Apart from these encrypted chat apps that are banned in Jammu and Kashmir, India is known for banning apps, particularly Chinese ones such PUBG Mobile, WeChat, and TikTok.

For instance, India imposed a nationwide ban on TikTok and dozens of other Chinese apps, including the messaging app WeChat, in 2020 over privacy and security concerns. To date, hundreds of Chinese apps are banned in India, including PUBG Mobile, Tiktok, Shein, WeChat, AliExpress and more.

List of banned apps

Chinese apps banned in India in June 2020

1. TikTok

2. Shareit

3. Likee

4. Clash of Kings

5. Club Factory

6. Weibo

7. WeChat

8. DU battery saver

9. Helo

10. Kwai

11. YouCam makeup

12. Mi Community

13. CM Browers

14. Virus Cleaner

15. APUS Browser

16. ROMWE

17. Baidu map

18. Newsdog

19. Beutry Plus

20. UC Browser

21. UC News

22. QQ Mail

23. Shein

24. Xender

25. QQ Music

26. QQ Newsfeed

27. Bigo Live

28. SelfieCity

29. Mail Master

30. Parallel Space

31. Mi Video Call Xiaomi

32. WeSync

33. ES File Explorer

34. Viva Video QU Video Inc

35. Meitu

36. Vigo Video

37. New Video Status

38. DU Recorder

39. Vault- Hide

40. Cache Cleaner DU App studio

41. DU Cleaner

42. DU Browser

43. Hago Play With New Friends

44. Cam Scanner

45. Clean Master Cheetah Mobile

46. Wonder Camera

47. Photo Wonder

48. QQ Player

49. We Meet

50. Sweet Selfie

51. Baidu Translate

52. Vmate

53. QQ International

54. QQ Security Center

55. QQ Launcher

56. U Video

57. V fly Status Video

58. Mobile Legend

Chinese apps banned in India in September 2020

1. Baidu

2. PUBG MOBILE Nordic Map: Livik

3. PUBG MOBILE LITE

4. Rise of Kingdoms: Lost Crusade

5. APUS Flashlight-Free & Bright

6. Cut Cut Cut Out & Photo Background Editor

7. APUS Launcher Pro- Theme, Live Wallpapers, Smart

8. Baidu Express Edition

9. FaceU Inspire your Beauty

10. ShareSave by Xiaomi: Latest gadgets, amazing deals

11. CamCard Business Card Reader

12. CamCard Business

13. CamCard for Salesforce

14. CamOCR

15. InNote

16. VooV Meeting Tencent Video Conferencing

17. APUS Launcher -Theme, Call Show, Wallpaper, HideApps

18. WeChat reading

19. Government WeChat

20. Small Q brush

21. Tencent Weiyun

22. Pitu

23. WeChat Work

24. Cyber Hunter

25. Cyber Hunter Lite

26. Knives Out-No rules, just fight!

27. Super Mecha Champions

28. LifeAfter

29. Dawn of Isles

30. Ludo World-Ludo Superstar

31. Chess Rush

32. Super Clean Master of Cleaner, Phone Booster

33. APUS Security -Antivirus, Phone security, Cleaner

34. APUS Turbo Cleaner 2020- Junk Cleaner, Anti-Virus

35. Art of Conquest: Dark Horizon

36. Dank Tanks

37. Warpath

38. Game of Sultans

39. Gallery Vault Hide Pictures And Videos

40. Smart AppLock (App Protect)

41. Message Lock (SMS Lock)-Gallery Vault Developer Team

42. Hide App-Hide Application Icon

43. AppLock

44. AppLock Lite

45. Dual Space Multiple Accounts & App Cloner

46. ZAKZAK Pro Live chat & video chat online

47. ZAKZAK LIVE: live-streaming & video chat app

48. Music Mp3 Player

49. Music Player Audio Player & 10 Bands Equalizer

50. HD Camera Selfie Beauty Camera

51. Cleaner Phone Booster

52. Web Browser & Fast Explorer

53. Video Player All Format for Android

54. Photo Gallery HD & Editor

55. Photo Gallery & Album

56. Music Player Bass Booster Free Download

57. HD Camera Beauty Cam with Filters & Panorama

58. HD Camera Pro & Selfie Camera

59. Music Player MP3 Player & 10 Bands Equalizer

60. Gallery HD

61. Web Browser Fast, Privacy & Light Web Explorer

62. Web Browser Secure Explorer

63. Music player Audio Player

64. Video Player All Format HD Video Player

65. Lamour Love All Over The World

66. Amour- video chat & call all over the world.

67. MV Master Make Your Status Video & Community

68. MV Master Best Video Maker & Photo Video Editor

69. APUS Message Center-Intelligent management

70. LivU Meet new people & Video chat with strangers

71. Carrom Friends : Carrom Board & Pool Game-

72. Ludo All Star- Play Online Ludo Game & Board Games

73. Bike Racing : Moto Traffic Rider Bike Racing Games

74. Rangers Of Oblivion : Online Action MMO RPG Game

75. Z Camera Photo Editor, Beauty Selfie, Collage

76. GO SMS Pro Messenger, Free Themes, Emoji

77. U-Dictionary: Oxford Dictionary Free Now Translate

78. Ulike Define your selfie in trendy style

79. Tantan Date For Real

80. MICO Chat: New Friends Banaen aur Live Chat karen

81. Kitty Live Live Streaming & Video Live Chat

82. Malay Social Dating App to Date & Meet Singles

83. Alipay

84. AlipayHK

85. Mobile Taobao

86. Youku

87. Road of Kings- Endless Glory

88. Sina News

89. Netease News

90. Penguin FM

91. Murderous Pursuits

92. Tencent Watchlist (Tencent Technology

93. Learn Chinese AI-Super Chinese

94. HUYA LIVE Game Live Stream

95. Little Q Album

96. Fighting Landlords Free and happy Fighting Landlords

97. Hi Meitu

98. Mobile Legends: Pocket

99. VPN for TikTok

100. VPN for TikTok

101. Penguin E-sports Live assistant

102. Buy Cars-offer everything you need, special offers and low prices

103. iPick

104. Beauty Camera Plus Sweet Camera & Face Selfie

105. Parallel Space Lite Dual App

106. “Chief Almighty: First Thunder BC

107. MARVEL Super War NetEase Games

108. AFK Arena

109. Creative Destruction NetEase Games

110. Crusaders of Light NetEase Games

111. Mafia City Yotta Games

112. Onmyoji NetEase Games

113. Ride Out Heroes NetEase Games

114. Yimeng Jianghu-Chu Liuxiang has been fully upgraded

115. Legend: Rising Empire NetEase Games

116. Arena of Valor: 5v5 Arena Games

117. Soul Hunters

118. Rules of Survival

Chinese apps banned in November 2020

1. AliExpress

2. Alibaba Workbench

3. Adore App

4. Alipay Cashier

5. Lalamove India Delivery App

6. Drive with Lalamove India

7. AliSuppliers Mobile App

8. CamCard Business Card Reader

9. CamCard BCR (Western)

10. Soul- Follow the soul to find you

11. Chinese Social Free Online Dating Video App & Chat

12. Date in Asia Dating & Chat For Asian Singles

13. WeDate-Dating App

14. Free dating app-Singol, start your date!

15. Snack Video

16. TrulyChinese Chinese Dating App

17. TrulyAsian Asian Dating App

18. ChinaLove: dating app for Chinese singles

19. DateMyAge: Chat, Meet, Date Mature Singles Online

20. AsianDate: find Asian singles

21. FlirtWish: chat with singles

22. Guys Only Dating: Gay Chat

23. Tubit: Live Streams

24. WeWorkChina

25. First Love Live- super hot live beauties live online

26. Rela Lesbian Social Network

27. Cashier Wallet

28. MangoTV

29. MGTV-HunanTV official TV APP

30. WeTV TV version

31. WeTV Cdrama, Kdrama&More

32. WeTV Lite

33. Lucky Live-Live Video Streaming App

34. Taobao Live

35. DingTalk

36. Identity V

37. Isoland 2: Ashes of Time

38. BoxStar (Early Access)

39. Heroes Evolved

40. Happy Fish

41. Jellipop Match-Decorate your dream island

42. Munchkin Match: magic home building

43. Conquista Online II

Chinese apps banned in February 2022

1. Garena Free Fire Illuminate

2. Beauty Camera Selfie Camera

3. Lica Cam selfie camera app

4. Music Player- Music.Mp3 Player

5. Voice Recorder & Voice Changer

6. Music Plus MP3 Player

7. Equalizer Pro Volume Booster & Bass Booster

8. Viva Video Editor Snack Video Maker with Music

9. Music Player Equalizer & MP3

10. Volume Booster Loud Speaker & Sound Booster

11. Music Player MP3 Player

12. CamCard for SalesForce Ent

13. Isoland 2: Ashes of Time Lite

14. Rise of Kingdoms: Lost Crusade

15. APUS Security HD (Pad Version)

16. Parallel Space Lite 32 Support

17. Video Player Media All Format

18. Nice video baidu

19. Tencent Xriver

20. Onmyoji Chess

21. Onmyoji Arena

22. AppLock

23. Dual Space Lite Multiple Accounts & Clone App

24. Dual Space Pro Multiple Accounts & App Cloner

25. DualSpace Lite 32Bit Support

26. Dual Space 32Bit Support

27. Dual Space 64Bit Support

28. Dual Space Pro 32Bit Support

29. Conquer Online MMORPG Game

30. Conquer Online Il

31. Live Weather & Radar Alerts

32. Notes- Color Notepad, Notebook

33. MP3 Cutter Ringtone Maker & Audio Cutter

34. Equalizer & Bass Booster Music Volume EQ

35. Barcode Scanner QR Code Scan

36. Equalizer Bass Booster & Volume EQ & Virtualizer

37. EVE Echoes

38. Astracraft

39. UU Game Booster-network solution for high ping

40. Extraordinary Ones

41. Badlanders

42. Stick Fight: The Game Mobile

43. Twilight Pioneers

44. CuteU: Match With The World

45. Small World-Enjoy groupchat and video chat

46. CuteU Pro

47. FancvU Video Chat & Meetup

48. Real: Go Live. Make Friends

49. MoonChat: Enjoy Video Chats

50. Real Lite -video to live!

51. Wink: Connect Now

52. FunChat Meet People Around You

53. FancyU pro Instant Meetup through Video chat!

54. Beauty Camera: Sweet Selfie HD