An apparent Indian government effort to remove GitHub repositories for Jack Dorsey’s offline Bluetooth-powered messaging app Bitchat has raised questions about the legal basis for targeting open source software because of how it works.
The issue with Bitchat came to light after Dorsey posted on X on Friday what he said was a notice from India’s Ministry of Home Affairs directing GitHub to restrict access to three Bitchat repositories within three hours. The notice argues that the app’s anonymous, decentralized architecture could facilitate unlawful activity and allow users to communicate during internet shutdowns while making lawful interception more difficult.
The move comes as Indian authorities tighten internet restrictions after weeks of student-led protests in New Delhi over alleged examination paper leaks.
The demonstrations, known as the “cockroach” movement, have drawn thousands of young people demanding the resignation of Indian Education Minister Dharmendra Pradhan, with authorities also imposing restrictions on marches toward the parliament. Local media reported that some protesters downloaded offline messaging apps, including Bitchat and Briar, after internet services were suspended.
The order represents a new approach for the Indian government, which, before 2021, typically relied on Section 69A of the IT Act and the 2009 Blocking Rules when it wanted content removed nationwide, according to Mishi Choudhary, founder of SFLC.in, an Indian digital rights legal advocacy group.
She told TechCrunch that the document resembled the format of recent government takedown notices, but the legal provisions it cites do not clearly authorize authorities to seek the removal of an entire software project because of how it works rather than any specific illegal content.
Unlike many government takedown requests, the document Dorsey shared does not identify specific posts, messages, or repositories containing unlawful material. Instead, it argues that Bitchat’s ability to function during internet shutdowns and without central servers could facilitate unlawful activity.
The notice, dated July 23 and apparently issued by the Indian Cybercrime Coordination Centre (I4C), which operates under India’s Home Ministry, said Bitchat enables users to communicate “even during network restrictions” and “internet shutdowns,” making it possible to “circumvent lawful restrictions” while hampering “lawful interception, attribution, and traceability.”
In recent days, Bitchat has seen a sharp rise in popularity in India. Market intelligence provider Sensor Tower shared data with TechCrunch that showed that India accounted for about 85% of the app’s global downloads between July 17 and July 23, compared with about 1% over the previous 30 days. Bitchat was downloaded more than 91,000 times in India over the past five days, after downloads jumped thirty-two-fold on July 19 from the previous day. The app’s daily active users in India also reached more than 330,000 on Thursday, the highest level recorded for the app in the country.
Request raises questions about open source software
The Internet Freedom Foundation (IFF), a New Delhi-based digital rights advocacy group, questioned the effectiveness of the apparent takedown request.
“The order also fails on its own terms as deleting a repository does not delete the application from any phone that carries it, and the mesh keeps functioning without servers. What the takedown actually prevents is scrutiny of the underlying code,” the group said on X.
Raman Chima, global program director at the Association for Progressive Communications, a global digital rights network, told TechCrunch the apparent notice went beyond targeting the messaging service itself by seeking to remove its open source code from GitHub.
“They’re [the Indian government] not just targeting the designated service provider, but they’re trying to say that open source development of this type of product … should not occur,” he said.
GitHub did not confirm whether it had received the document. The repositories remained accessible from India on Friday. Asked about the apparent notice, the company shared a link to its public repository of government takedown requests, which did not contain any recent requests related to Bitchat.
Namrata Maheshwari, Asia Pacific policy manager and encryption policy lead at digital rights group Access Now, told TechCrunch that blocking an offline messaging platform during internet restrictions risked turning shutdowns into “a communication blackout” that violated fundamental rights. Protesters in any democracy have the right to communicate privately and coordinate peacefully, she said.
“When we receive a complete government takedown request, we notify the affected account owners and give them an opportunity to appeal,” Rose Coogan, the company’s principal online safety counsel, said in a statement emailed to TechCrunch. “We share every government takedown request we take action on publicly.”
India’s Home Ministry did not respond to a request for comment.
When you purchase through links in our articles, we may earn a small commission. This doesn’t affect our editorial independence.
