Admissibility Concerns Of Metadata And E2EE Technology: Evidentiary Necessity V. Encryption
Sree Satya Vaishnavi Musunuri, BAJ-LLB (Hons.), ICFAI Law School, Hyderabad, Telangana.
ABSTRACT
As humankind has rapidly evolved from computers to artificial intelligence, the judiciary has shifted from accepting physical documents as evidence to accepting metadata, WhatsApp messages, and other electronic evidence. Among these, end-to-end encryption is taking the front line.
Although electronic evidence has been recognised in previous legislation, such as the Indian Evidence Act, the new BSA establishes a stronger commitment to recognising the importance of digital evidence, including social media evidence.
And in the era of deepfakes, digital hate crimes, and cyber-related issues, new regulations are forming in accordance with new technologies; one such prominent case is the conflict of interest between the state and individuals in the admissibility of metadata, which, in most cases, has to break the technology of End-to-end encryption, also known as the E2EE feature, often observed in apps like WhatsApp.
This paper discusses E2EE and metadata, along with their relevance in modern evidence laws and the judiciary, and how they affect individuals' right to privacy, along with case laws and recommendations.
Keywords: Metadata, Encryption, Evidence, BSA, WhatsApp, Privacy.
