Addressing Cybercrime and Emerging Challenges
Introduction
The sophistication of cybercrimes has increased, making it both urgent and difficult to tackle them. Cybercriminals exploit security gaps, particularly through user accounts on instant messaging apps that remain functional even after SIM card removal, leading to government impersonation fraud.
Government Directives
- SIM Binding Directive: Enforces that a user’s account is disabled if the physical SIM is removed, a security measure potentially inconvenient for messaging app users.
- Sanchar Saathi App Directive: Requires smartphone manufacturers to pre-install the app to verify device authenticity by March 2026.
The second directive is controversial as it involves installing an app with potentially intrusive access, raising concerns about state surveillance and misuse, reminiscent of the Pegasus software incident.
Privacy Concerns
The directive mandates that the Sanchar Saathi app is visible and accessible during device setup, potentially allowing it higher security clearance and access to sensitive features. This has raised fears of privacy invasion.
Union Minister mentions that users can delete the app, but the directive suggests it is non-disableable, posing a contradiction with the K.S. Puttaswamy (2017) judgment, which requires state actions to meet legality, necessity, and proportionality.
Alternative Solutions
The government already has less intrusive means to verify device authenticity, such as:
- Sanchar Saathi web portals
- SMS-based checks
- USSD codes
These solutions align better with proportionality standards, and some manufacturers like Apple have reportedly resisted the directive.
