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‘Don’t transfer the WhatsApp traceability case,’ Internet Freedom Foundation asks Supreme Court

You are reading it here first: In its counter affidavit to the Supreme Court filed today, Internet Freedom Foundation (IFF), the intervener in the ongoing WhatsApp traceability case, has asked the apex court to not transfer the Rubin and Krishnamurthy petitions to the Supreme Court on two grounds: The Madras HC has already dismissed the prayer to link Aadhaar with social media accounts Such a transfer would deprive ordinary Indian internet users of their ability to seek accountability from global Big Tech via high courts But IFF has maintained in its submission to the Madras HC that the executive and legislative branches of the government should address any policy changes regarding intermediary liability and consequent changes to the platforms. Even so, it does not see this as a “valid reason” to transfer the two Madras HC petitions to the Supreme Court. MediaNama has seen IFF's counter affidavit. The organisation has also asked for more time for the Centre to “conduct further stakeholder consultation and revise the Draft Intermediaries Rules” so that only “specific and proportionate restrictions” are imposed on intermediaries. IFF’s rejects Facebook’s reasons for filing the transfer petition Facebook's argument: Four petitions, currently being heard in Madras, Bombay and Jabalpur High Courts, are dealing with a similar question of linking Aadhaar to social media accounts. IFF argues that: The petitions before Madras High Court are no longer dealing with Aadhaar and social media linkage, as per the High Court’s order dated August 21, 2019 Unlike the cases before Bombay…

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