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Can virtual servers bypass India’s VPN rules?
Context
ExpressVPN, one of the major VPN providers, announced it will move its India-based servers to Singapore and the UK in response to the new VPN rules that require private network providers to store user information for at least five years.
About
The new VPIN rules
- In April, India’s cybersecurity agency passed a rule mandating VPN providers to record and keeps their customers’ logs for 180 days.
- It also asked these firms to collect and store customer data for up to five years.
- It further mandated that any cybercrime recorded must be reported to the CERT within 6 hours of the crime.
- Computer Emergency Response Team (CERT-In) directions are applicable to data centres, virtual private server (VPS) providers, cloud service providers, virtual asset service providers, virtual asset exchange providers, custodian wallet providers and Government organisations.
- Firms that provide Internet proxy-like services through VPN technologies also come under the ambit of the new rule.
- Corporate entities are not under the scanner.
- In response to CERT-In rules, Nord VPN, one of the world’s largest VPN providers, has said it is moving its servers out of the country.
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Virtual Server:
Uses of Virtual Server:
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Can server relocation and virtualisation help VPN providers circumvent the new rules?
- The service providers who do not have a physical presence in India but offer services to the users in the country, have to designate a point of contact to liaise with CERT-In.
- Also, logs may be stored outside India as long as the obligation to produce logs to CERT-In is adhered to by the entities in a reasonable time.
How will the law impact India’s IT sector?
- VPN suppliers leaving India is not good for its burgeoning IT sector.
- Taking such radical action that highly impacts the privacy of millions of people in India will most likely be counterproductive and strongly damage the IT sector’s growth in the country.
- It estimated that 254.9 million Indians have had their accounts breached since 2004 and raised its concern that collecting excessive amounts of data within Indian jurisdiction without robust protection mechanisms could lead to even more breaches.
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