In a significant move to bolster telecom security, the Indian government has issued a directive requiring all mobile handset manufacturers and importers to pre-install the Sanchar Saathi application on devices intended for the Indian market. The order, dated November 28 from the Ministry of Communications, gives the industry a strict 90-day window for implementation, with a compliance report due within 120 days.
Apple's Stance and the Privacy Debate
Post-announcement, the spotlight has turned to tech giant Apple. According to a Reuters report, Apple does not intend to comply with the directive. The company is expected to inform the government that it does not follow such mandates globally, as they potentially compromise the security and privacy of its tightly controlled iOS ecosystem. This stance echoes Apple's historical resistance to directives it perceives as threats to device integrity.
Sanjeev Kumar, Senior Partner at Luthra and Luthra Law Offices India, emphasized that all eyes are on Apple. "The Cupertino-based company has historically resisted directives it views as compromising device integrity or data security. Its compliance—or potential legal pushback—will be a critical standpoint to be seen unfolding in the coming days," he stated. He clarified that the government's rationale stems from a severe telecom security crisis, aiming to verify genuine handsets via IMEI numbers and create a national framework against spoofed devices—a major cybercrime entry point.
Seeking a Middle Path and Past Precedents
However, some reports, including one from PTI citing industry sources, suggest Apple is unlikely to issue a flat refusal. Instead, the company is expected to engage in discussions with authorities to find a middle path. While it may not implement the order in its current form, a negotiated solution is likely. This approach mirrors a previous standoff where Apple resisted supporting the pesky call and SMS reporting functions of TRAI's DND app for years before eventually allowing it with certain restrictions.
Adding to the narrative, Minister of State for Communications Chandra Sekhar Pemmasani revealed that while a working group was formed to discuss the app with all mobile phone companies, Apple was the only notable absentee. "Apple is the only company, as far as I know, that did not participate in that working group, but all others participated," Pemmasani told reporters.
User Freedom and Legal Backing
In a move to diffuse privacy concerns, Communications Minister Jyotiraditya Scindia clarified that users retain the freedom to delete the Sanchar Saathi app if they wish. He noted the app remains inactive until a user registers on it, stating plainly, "If you want to delete it, then delete it."
The directive finds its legal basis in the Telecom Cyber Security (TCS) rules. These rules empower the central government to issue directions to manufacturers of telecommunication equipment with an IMEI number, mandating their assistance in matters related to tampered equipment. The rules explicitly state that manufacturers and importers must ensure compliance with such government directions.
The coming weeks will be crucial as the deadline approaches, setting the stage for a potential showdown between India's regulatory push for enhanced security and a global tech leader's commitment to its proprietary ecosystem and user privacy principles.
