Apple vs TRAI: Why telecom regulatory body is wrong in pursuing its Mission DND
The long-running tussle between Cupertino-based tech giant, Apple Inc, and the Telecom Regulatory Authority of India (TRAI) looks to be taking an ominous turn. So much so that Apple could be forced to fold up its smartphone business in India if it decides to not give in to the wishes of the country's telecom regulator.
As per a report published in India Today, TRAI has already issued a diktat that asks telecom operators like Airtel, Vodafone and Jio to "delist and deregister" lakhs of iPhones from their networks in the next six months.
"Every Access Provider shall ensure, within six months’ time, that all smartphone devices registered on its network support the permissions required for the functioning of such Apps as prescribed in the regulations 6(2)(e) and regulations 23(2)(d). Provided that where such devices do not permit functioning of such Apps as prescribed in regulations 6(2)(e) and regulations 23(2)(d), access providers shall, on the order or direction of the authority, derecognize such devices from their telecom networks."
TRAI's new notification coming into effect would essentially mean that iPhones – current generation and upcoming ones – although would remain available for purchase in the country, will cease to support mobile basebands – 5G, 4G, 3G and older generation 2G networks in India.
What's triggered the face-off?
The move, which could potentially affect lakhs of existing buyers, and come as disappointing news to those looking to get their hands on Apple's smartphones in the future, has been triggered because of a long-standing face-off between the phone maker and TRAI over a Do-Not-Disturb (DND 2.0) app developed by the latter which, it claims, will help users flag unwanted calls and messages.
Though the application was introduced on the Google Play Store as far back as 2016, Apple denied it a place on the iOS' App Store.
Violates privacy
So why is Apple fighting so hard just to deny it space on its ecosystem?
Privacy!
The application, in its current form, seeks access to calls and messages on the phone it has been installed on.
In times of increased scrutiny over data privacy, Apple fears that this application, with the permissions and access it seeks, could turn into a major headache in the days ahead and as such, snowball into a major issue that would be hard to contain later.
To this effect, Apple has been holding conversations with TRAI on the matter for over two years now, and even met with TRAI back in November 2017, at which point it had agreed to provide a framework for its iOS operating system to support the regulator’s mobile app, which can report spam calls and messages on iPhones.
However, later realising that allowing the application to access contacts and other related data would mean compromising with data security and privacy of its users, the tech giant started to drag its feet, and did little to provide help to TRAI in the development of the application.
TRAI, which has maintained that the issue at hand is not one of privacy, but instead of "consumer protection and the rights of the consumer on their own data", now appears to have lost its cool, and if the latest diktat is anything to go by, it is all set to face Apple in court.
Apple seeking legal action
As per a report published in The Economic Times, Apple believes that TRAI with its ruling has "exceeded its jurisdiction by stipulating that telcos will have to shut down handsets that do not permit the regulator’s do-not-disturb (DND) app to be downloaded". Quoting industry insiders, the report adds that Apple is now looking at taking legal action against TRAI on this issue.
Interestingly, it is not just Apple which feels that TRAI has crossed a line with the current diktat. The Indian Cellular Association also appears to have thrown its weight behind Apple in this growing tussle. In a recent statement, it raised questions over the validity of TRAI to pass such notifications. “Such action, even if well-intentioned, will lead to a bad precedent. This is because a telecom operator is a 'third' party when it comes to the relationship that a device manufacturer has with a customer/user. The use of the telecom network is important but incidental to this is the core relationship. It would be patently wrong to give any powers in the hands of telecom operators to start judging which device should continue and which should be derecognised from its telecom network."
Why we should back Apple
Despite being already present on millions of Android smartphones, the innocuous application, however, is clearly quite invasive in the permissions it seeks. Owing to its insistence on seeking permissions to access contacts, viewing text messages and call logs, the application represents a major privacy threat – one that should be fought off by not just Apple, but the telecom industry in general.
Even though Apple, for now, is sticking to its guns and not modifying its guidelines that currently do not allow applications to access contacts, call logs or text messages, it will eventually have to give in if TRAI keeps threatening it with the very future of its business in the country.