Government disputes reports that it plans to ask phone makers to disclose source code

The Ministry of Electronics and Information Technology disputed a media report over the weekend on plans to require phone makers like Apple Inc. and Xiaomi to disclose their operating systems’ core source code, saying that the consultation that the government was engaged in was a “routine” one, and that the government had an “open mind” on where discussions with phone makers go.

“These consultations are part of the Ministry’s regular and ongoing engagement with industry on safety and security standards,” the IT Ministry said in a press note. “Accordingly, MeitY has been engaging with industry representatives to better understand technical challenges, compliance burdens, and international best practices adopted by smartphone manufacturers. The Ministry reiterates that all legitimate concerns raised by the industry will be examined with an open mind, in the best interests of both the country and the industry.”

A senior government official strongly disputed the news report, which was based on an Indian Telecom Security Assurance Requirements (ITSAR) document issued by a body under the Department of Telecommunications in 2023. That ITSAR standard, for mobile phones, does mention that source code should be open to third party audits, and that news of software updates must be intimated to the government before they go out to users.

The official said the discussions with the industry followed the enactment of the Telecommunications Act, 2023 and subsequent industry representations from smartphone manufacturers, who requested that they be subject to the administrative purview of a single ministry. That role was then taken up by the IT Ministry, the official said, which picked up where the DoT had left off. No smartphone maker had expressed concern at the way this consultation was held, the official said. 

The India Cellular and Electronics Association (ICEA), which represents some phone makers and works closely with the government on many electronics manufacturing issues, said the requirements were “not a new issue,” and that “[t]here is no pressing concern as this is the very nature of transparent and in-depth consultation with specific stakeholders.”