A legal dispute in Bengaluru has intensified scrutiny over Proton Mail, a Swiss-based encrypted email service, as the Karnataka High Court deliberates on a petition urging the central government to ban the platform in India. The case, brought by M Moser Design Associates India Pvt Ltd, alleges that Proton Mail was used to disseminate AI-generated explicit content targeting its female employees, causing significant reputational and psychological harm.
The petitioner contends that despite filing a First Information Report on November 9, 2024, the police have made little progress in identifying the perpetrators. The company argues that the authorities have not utilized the Mutual Legal Assistance Treaty between India and Switzerland to seek information from Proton Mail, which operates under Swiss jurisdiction and is legally bound to reject direct data requests from foreign entities unless routed through Swiss authorities.
During a hearing on March 21, 2025, Justice M Nagaprasanna reserved judgment but emphasized the seriousness of the matter, stating that the petitioner is aiding the government in addressing a significant issue. The court has directed the Union Government to inform by March 3 of any further steps taken to prevent the illegal use of Proton Mail.
This case follows a series of incidents where Proton Mail was allegedly used to send hoax bomb threats to schools in Chennai in February 2024. The Tamil Nadu police requested the Ministry of Electronics and Information Technology to block the service, leading to discussions within the 69A blocking committee. However, the Swiss government intervened, engaging with Indian authorities to prevent the blocking of Proton Mail, emphasizing the importance of secure communication channels for law-abiding citizens.
Proton Mail has maintained that it condemns the misuse of its platform and is committed to cooperating with law enforcement within the bounds of Swiss law. The company has reiterated that while it cannot comply with direct requests from foreign authorities, it is legally obligated to respond to orders from Swiss authorities, who may assist foreign counterparts if the requests comply with international assistance procedures.
The Indian Cyber Crime Coordination Centre has also taken action against VPN services that failed to comply with information requests related to hoax threats, ordering the removal of several VPN apps and extensions from digital platforms. These measures underscore the challenges faced by Indian authorities in combating cyber threats while navigating the complexities of international data privacy laws.
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