Access the Bitchat order here: Images | Markdown file (parsed from Images)
At midnight 11:16 pm on July 23, Ministry of Home Affairs’ Indian Cyber Crime Coordination Centre (I4C) issued a takedown order to GitHub directing it to remove repositories linked to Bitchat, decentralized peer-to-peer messaging over Bluetooth mesh networks, without dependence on mobile networks, internet connectivity, or centralized servers. Complying with government order, Github has taken down BitChat’s links from its platform.
Government wanted the app to be taken down as the students at the Jantar Mantar protest site began using such applications for communicating among themselves after two days of internet shutdown at the Jantar Mantar protest site and parts of central Delhi.
What is the legal basis behind removal order: MHA’s nodal designated authority issued this order under Section 79(3)(b) of the Information Technology Act, 2000, read with Rule 3(1)(d) of the IT Rules, 2021. This is the safe harbor provisions that protects intermediaries from liability if they continue to comply with the government. GitHub was directed to remove or disable access to the URLs within 3 hours of receiving the notice, “without vitiating the evidence in any manner.”
URLs that were taken down:
– https://github.com/permissionlesech/bitchat
– https://github.com/permissionlesech/bitchat-android
– https://github.com/permissionlesech/bitchat-android/releases
“The government of india does not like technologies like bitchat and wants it taken down.” – Jack Dorsey, developer of Bitchat.
What is the Government’s stated rationale:
- Anonymity without user Idenity: The order states the app allows anonymous communication without mandatory user registration, phone number verification, or centralized logging.
- Interception is not possible: The notice claims the app’s architecture impedes lawful interception, attribution, and investigation by law enforcement.
- Can escape surveillance and enable unlawful assembly: It states the platform could be misused to evade surveillance, coordinate unlawful assemblies, and continue communication during internet shutdowns or restrictions imposed by authorities.
- Using it for misinformation: The order cites risks of misuse for coordinating violent protests, spreading misinformation, radicalization, and criminal conspiracies.
- Can’t get subscriber information: It notes the absence of a centralized service provider limits law enforcement’s ability to obtain subscriber information or communication records.
The takedown order accuses Bitchat’s GitHub repositories of enabling unauthorized computer access and disruption under Section 43 of the IT Act, along with abetting or attempting such offences under Sections 84B and 84C. It also invokes provisions of the Bharatiya Nyaya Sanhita, 2023 — Section 61 on criminal conspiracy, and Sections 196 and 197, which deal with promoting enmity…
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