The Indian government’s recent attempt to remove GitHub repositories for Jack Dorsey’s offline Bluetooth-powered messaging app Bitchat has sparked a heated debate over the legal basis for targeting open source software. The issue came to light after Dorsey posted on X, a social media platform, a notice from India’s Ministry of Home Affairs directing GitHub to restrict access to three Bitchat repositories within three hours.
Source: techcrunch.com
The Notice and Its Claims
The notice argues that Bitchat’s anonymous, decentralized architecture could facilitate unlawful activity and allow users to communicate during internet shutdowns while making lawful interception more difficult. The Indian government claims that Bitchat enables users to communicate ‘even during network restrictions’ and ‘internet shutdowns,’ making it possible to ‘circumvent lawful restrictions’ while hampering ‘lawful interception, attribution, and traceability.’
Source: techcrunch.com
However, the document does not identify specific posts, messages, or repositories containing unlawful material. Instead, it targets the entire software project because of how it works, rather than any specific illegal content. This approach has raised questions about the effectiveness of the takedown request and the legal basis for targeting open source software.
Background and Context
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 rise in popularity of Bitchat in India has been significant, with market intelligence provider Sensor Tower sharing data that showed India accounted for about 85% of the app’s global downloads between July 17 and July 23, compared with about 1% over the previous 30 days.
Bitchat was downloaded more than 91,000 times in India over the past five days, after downloads jumped thirty-two-fold on July 19 from the previous day. The app’s daily active users in India also reached more than 330,000 on Thursday, the highest level recorded for the app in the country.
Legal Debate and Expert Opinions
The Internet Freedom Foundation (IFF), a New Delhi-based digital rights advocacy group, questioned the effectiveness of the apparent takedown request. ‘The order also fails on its own terms as deleting a repository does not delete the application from any phone that carries it, and the mesh keeps functioning without servers. What the takedown actually prevents is scrutiny of the underlying code,’ the group said on X.
Raman Chima, global program director at the Association for Progressive Communications, a global digital rights network, told TechCrunch that the apparent notice went beyond targeting the messaging service itself by seeking to remove its open source code from GitHub. ‘They’re not just targeting the designated service provider, but they’re trying to say that open source development of this type of product … should not occur,’ he said.
Namrata Maheshwari, Asia Pacific policy manager and encryption policy lead at digital rights group Access Now, told TechCrunch that blocking an offline messaging platform during internet restrictions risked turning shutdowns into ‘a communication blackout’ that violated fundamental rights. Protesters in any democracy have the right to communicate privately and coordinate peacefully, she said.
When asked about the apparent notice, GitHub shared a link to its public repository of government takedown requests, which did not contain any recent requests related to Bitchat. The company also stated that when it receives a complete government takedown request, it notifies the affected account owners and gives them an opportunity to appeal.
Conclusion
The Indian government’s move against Bitchat has sparked a heated debate over the legal basis for targeting open source software. The issue raises questions about the effectiveness of the takedown request and the implications for open source development. As the debate continues, it remains to be seen how this will impact the future of open source software in India.
