India’s move against Jack Dorsey’s Bitchat sparks legal debate

Summary

An apparent Indian government effort to remove GitHub repositories for Jack Dorsey’s offline Bluetooth-powered messaging app Bitchat has raised questions about the legal basis for targeting open-source software because of how it works. The issue with Bitchat came to light after Dorsey posted on X on Friday what he said was a notice from India’s Ministry of Home Affairs directing GitHub to restrict access to three Bitchat repositories within three hours. The notice argues that the app’s anonymous, decentralized architecture could facilitate unlawful activity and allow users to communicate during internet shutdowns while making lawful interception more difficult. The move comes as Indian authorities tighten internet restrictions after weeks of student-led protests in New Delhi over alleged examination paper leaks. The demonstrations, known as the “cockroach” movement, have drawn thousands of young people demanding the resignation of Indian Education Minister Dharmendra Pradhan, with authorities also imposing restrictions on marches toward the parliament. Local media reported that some protesters downloaded offline messaging apps, including Bitchat and Briar, after internet services were suspended. The order represents a new approach for the Indian government, which, before 2021, typically relied on Section 69A of the IT Act and the 2009 Blocking Rules when it wanted content removed nationwide, according to Mishi Choudhary, founder of SFLC.in, an Indian digital rights legal advocacy group. She told TechCrunch that the document resembled the format of recent government takedown notices, but the legal provisions it cites do not clearly authorize authorities to seek the removal of an entire software project because of how it works rather than any specific illegal content. Bitchat app on iOSImage Credits:Apple App Store Unlike many government takedown requests, the document Dorsey shared does not identify specific posts, messages, or repositories containing unlawful materi...