Indian court orders blocking of Proton Mail | TechCrunch


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Key Events

The Karnataka High Court in India ordered the blocking of ProtonMail, an encrypted email service, after a complaint from M Moser Design Associates about obscene emails sent via the platform. The court's decision, made under the Information Technology Act 2008, followed a January complaint where the company requested the regulation or blocking of ProtonMail due to its refusal to share sender details despite a police complaint. While the block is yet to take effect, this is not ProtonMail's first legal battle in India; in 2024, a similar attempt by Tamil Nadu police was thwarted by Swiss authorities.

Arguments and Concerns

The Indian government's additional solicitor general suggested that criminal courts could seek information from Swiss authorities, where ProtonMail is based. ProtonMail has argued that blocking access only hinders law-abiding citizens and doesn't prevent cybercriminals from using other email services. The Delhi High Court previously investigated ProtonMail's use in India, adding to the ongoing legal complexities surrounding the service in the country.

Outcome and Future Implications

The court's decision highlights the tension between data privacy and law enforcement's need for information. The effectiveness and legality of this block remain to be seen, given the previous failed attempt and ProtonMail's stance on user security and privacy.

  • The order is yet to be implemented.
  • This is ProtonMail's second significant legal challenge in India within a short time.
  • The case highlights ongoing debates regarding data privacy, law enforcement, and cross-border jurisdiction.
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A court in India has ordered the blocking of encrypted email provider Proton Mail across the country.

On Tuesday, the Karnataka High Court directed the Indian government to block Proton Mail, a popular email service known for its enhanced security, following a legal complaint filed by New Delhi-based M Moser Design Associates. The local firm alleged that its employees had received emails containing obscene and vulgar content sent via Proton Mail.

In a Tuesday hearing streamed on YouTube, Justice M Nagaprasanna ordered the Indian government to “block Proton Mail, bearing in mind the observations made in the course of the order,” under the Information Technology Act 2008.

In its complaint filed in January, the New Delhi-based firm called for the regulation or blocking of Proton Mail in India, as the email service reportedly refused to share details about the sender of the allegedly offensive emails, despite a police complaint.

Additional solicitor general Aravind Kamath, representing the Indian government, had earlier told the high court that the government might have a limited role in addressing the petitioner’s concerns and suggested criminal courts could seek the required information from Swiss authorities since the petitioner had made a complaint.

The block of Proton Mail has yet to take effect, based on TechCrunch’s checks of Proton Mail’s website in India. TechCrunch contacted Proton Mail for comment and will update this story if we hear back.

This is the latest legal tussle facing Proton Mail in India, its second ruling in as many years aimed at blocking the encrypted email service from operating in the country.

Last year, the police department of the southern state of Tamil Nadu had sought to block Proton Mail after the email service was found to have been used for sending hoax bomb threats to local schools. The Indian government’s IT ministry reportedly notified internet providers to block Proton Mail at the request of law enforcement. However, the Swiss federal authorities intervened to prevent the blocking of Proton Mail taking effect.

“Blocking access to Proton Mail simply prevents law-abiding citizens from communicating securely and does not prevent cybercriminals from sending threats with another email service, especially if the perpetrators are located outside of India,” Proton said at the time.

Nonetheless, in October 2024, the Delhi High Court asked state police and the Indian government’s home ministry to investigate the alleged use of Proton Mail across the country. Kamath, the additional solicitor general, had assured the Karnataka High Court that he would examine the Delhi High Court’s observations on Proton Mail’s use in India.

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