On the 24th of December 2018, the Ministry of Electronics and Information Technology released proposed amendments to the IT Rules governing Section 79 of the IT Act, which cover Intermediary Liability, i.e., the provisions that provide a safe harbor for platforms including payments services, content services, ISPs, among other. Changes to the rules mean that intermediaries could end up being liable for the behavior of users, and unable to take on the liability. The ministry is taking inputs on the amendments to the rules (download) till the 31st of January, and counter comments will be accepted till the 14th of February, 2019. To help with participation in the consultation process, MediaNama is hosting two curated discussions on these changes: 1) Bangalore (St Mark's Hotel), January 25. 2) Delhi (India Habitat Centre), February 7. You can apply to attend here (for both Bangalore & Delhi) The discussion in Delhi will be during the counter comments stage. Changes being made The provisions are being expanded to include, among other things: Traceability, and information within 72 hours: The new rules require platforms to introduce traceability to find where a piece of information originated. For this, platforms may have to break end-to-end encryption. The rules require the intermediary to hand over information or assistance to government bodies in 72 hours, including in matters of security or cybersecurity, and for investigative purposes. [Rule 3(5)] Platforms with more than 50 lakh users are required to be registered under the Companies Act, have a physical address…
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