Is Internet Freedom being Sacrificed for National Security?

Context: The government’s decision to block 59 Chinese apps has disturbed the delicate balance between freedom of expression and national security. 

Issues related to the banning of Chinese apps:

• Intrusion on fundamental rights: and freedoms of the citizens by the state’s action.

• Lack of legal basis: On the issues of data and cybersecurity, because the government does not enact specific laws.
• Censorship administrative action: Due to concerns related to national security or other geopolitical concerns.
• Issues with Section 69A of the Information Technology Act.

• It is not designed for data protection compliance. 
• It is applied for more specific violations rather than broad general violations like security of the state.
• The necessity of blocking the app has not clearly spelled out by the government. 
• Section 69A is not well designed to protect people’s rights.
• It is being used as a proxy for a larger geopolitical battle.

Way Forward:

• Informing the public: The government should stop asserting secrecy and confidentiality, so that the public can know what is being blocked and for what reason. 

• Supreme Court: an order blocking people’s rights to liberty, in relation to Internet need to be published

• Broader reforms: The Supreme Court in the Shreya Singhal case upheld Section 69A, but it needs to be reviewed in the light of privacy and data related issues.
• Clear strategy: The government has to consult on a new national cybersecurity strategy to provide more clarity about its implementation.
• Legal framework: National security agencies need to work within the legal framework while ensuring that they are more empowered in surveillance functions.

• For instance: Govt action has to follow international law which requires the following conditions.

• The action is very clear.
• The action could not have been done by a less intrusive means.
• The action follows standards of necessity and proportionality.

• Promoting self-reliance: among Indian companies.

• They must try to improve their products to compete globally. 
• The Government must promote sets of policies to ensure that the Indian industry is appropriately incentivised.