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Delhi High Court Urges States, UTs, and Intermediaries to Join I4C’s SAHYOG Portal to Combat Cybercrime

The Delhi High Court addressed critical issues surrounding data requests from IT intermediaries, the grievances of Law Enforcement Agencies (LEAs), and the status of the SAHYOG portal. With only 16 states and 9 IT intermediaries onboard, the portal aims to streamline data access for investigations. The court also reviewed Delhi Police’s progress on its handbook for standard operating procedures (SOPs).

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On 11th December 2024, the Delhi High Court examined the grievances of Law Enforcement Agencies (LEAs) against IT intermediaries, reviewed the role of the Indian Cyber Crime Coordination Centre (I4C), and discussed the implementation of the SAHYOG portal, an initiative by the Ministry of Home Affairs (MHA) to streamline data access for criminal investigations.

Grievances Highlighted by LEAs

The court acknowledged significant challenges faced by LEAs in obtaining timely responses from IT intermediaries. Key issues presented include:

  1. Requirement of FIRs: IT intermediaries insist on First Information Reports (FIRs) for data disclosure, even for preventive action, causing delays.
  2. VPN Usage: Many cybercrimes involve proxy servers or VPNs, requiring requests to be routed through lengthy Mutual Legal Assistance Treaty (MLAT) processes.
  3. Delays in Responses: IT intermediaries take 15 days to a month to respond to requests, even for emergencies.
  4. Complex Portals: Each intermediary uses distinct portals with lengthy procedures, complicating the data request process.
  5. Lack of Grievance Officers: Many foreign intermediaries lack designated officers in India, resulting in communication gaps.
  6. Incomplete Logs: Only the last logged-in IP address is provided, hampering investigations.

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Role of I4C and Submission by Jitender Singh

The Indian Cyber Crime Coordination Centre (I4C), functioning under the MHA, was identified as the nodal agency for addressing cybercrime complaints and coordinating with intermediaries. Jitender Singh, ACP from I4C, submitted that within a month, the first phase of the SAHYOG portal would be operational with all designated state and UT officers onboard. This phase focuses on the takedown of unlawful content, with future updates planned to include lawful data requests.

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SAHYOG Portal: Slow Adoption and Challenges

The SAHYOG portal, envisioned as a centralized platform for handling data requests and takedowns, is still in its pilot phase. The MHA reported that:

  • Only 16 states/UTs have notified nodal officers under Section 79(3)(b) of the IT Act, 2000.
  • 9 intermediaries, including Google, Meta, Amazon, and Telegram, have joined the portal. However, platforms like X (formerly Twitter) and LinkedIn are still in discussions.
  • A phased rollout is expected to enhance transparency and efficiency, but full integration remains a challenge.

Senior advocates Kapil Sibal and Arvind Datar, representing WhatsApp and Meta, respectively, highlighted ongoing efforts to address technical issues with the MHA. Meetings between their clients and I4C officials have been scheduled.

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Delhi Police Handbook on SOPs

The Delhi Police, tasked with preparing a handbook on standard operating procedures (SOPs), submitted its status report. The handbook will outline:

  1. Data retention policies for deleted accounts.
  2. Contact details of compliance officers and grievance officers.
  3. Segregated guidelines for accessing critical information during emergencies.
  4. Timelines for responding to data requests based on crime categories, including terrorism, fake news, and online fraud.

The Delhi High Court has directed all intermediaries to address queries raised by the Delhi Police by 10th January 2025.

Future Outlook

The SAHYOG portal represents a step toward creating a safer cyberspace, yet its limited adoption highlights the need for faster collaboration between states, UTs, and IT intermediaries. The court has emphasized timely compliance to prevent delays in criminal investigations and ensure accountability among all stakeholders.

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