The Karnataka High Court has directed the central government to block access to Proton Mail, a secure email service known for its end-to-end encryption.
The order, issued by Justice M Nagaprasanna on April 28, stems from a petition filed by Bengaluru-based M Moser Design Associates India Private Limited and is based on provisions under the Information Technology (IT) Act, 2000.
The Bengaluru-based company has approached the Union Ministry of Electronics and Information Technology (MeitY), urging action against the encrypted email service after its staff and clients were targeted with emails containing doctored images, AI-generated deepfakes, and sexually explicit material.
What is Proton Mail?
Proton Mail is a secure email service launched in 2014 by a group of scientists from CERN (the European Organization for Nuclear Research), including Andy Yen, who now serves as the company's CEO. The service is operated by Proton AG, a Swiss corporation whose primary shareholder is the non-profit Proton Foundation, ensuring that the company acts in the best interest of its users .
Proton Mail emphasises user privacy and security by employing end-to-end encryption, which means that only the sender and recipient can read the contents of an email; even Proton Mail cannot access user messages.
Additional privacy features include self-destructing messages, zero-access encryption for attachments, and two-factor authentication. Being based in Switzerland, Proton Mail benefits from the country's strict privacy laws, which protect user data from foreign surveillance requests .
Under Yen, Proton AG has expanded its suite of privacy-focused services to include Proton VPN, Proton Drive, Proton Calendar, Proton Pass, and Proton Wallet, aiming to provide comprehensive tools for secure online communication and data storage .
All of these services are designed with a strict "zero access" model, ensuring that Proton cannot view or access user data under any circumstances.
Proton Mail offers both free and premium versions. The free plan includes essential features like end-to-end encryption, a Proton Mail address, and limited storage—suitable for users looking for basic private email. For more advanced features, users can upgrade to premium plans that provide extra storage, support for multiple email addresses, custom domains, and access to other Proton services like VPN, Drive, and Calendar.
What is the petition against Proton?
The petitioner, represented by advocate Jatin Sehgal, raised concerns before the court about the continued availability of Proton Mail in India, citing its high level of user anonymity as a serious obstacle to law enforcement.
The petitioner argued that despite filing a police complaint over sexually explicit emails targeting one of its employees, an effective investigation was unlikely due to Proton Mail’s refusal to disclose sender details. Sehgal further noted that the company has withdrawn its servers from India and pointed to recent incidents, including bomb threats sent to schools via Proton Mail, to highlight the platform’s misuse.
He also claimed that Proton Mail’s website provides users with guidance on evading surveillance by Indian authorities, and that the service allows accounts to be created in under 30 seconds without any identity verification. The petitioner sought directions to either regulate or block Proton Mail’s operations in India and requested that authorities in Switzerland be approached to compel the company to assist with the ongoing investigation.
What did the Court say?
The Court directed that any offensive URLs shared through the emails in question must be taken down. During earlier proceedings, Additional Solicitor General (ASG) Aravind Kamath, representing the Central government, said the Centre’s role in investigating the emails targeting the petitioner’s employee may be limited, particularly as it would require coordination with Swiss authorities.
He clarified that since India and Switzerland have a Mutual Legal Assistance Treaty (MLAT), it is up to the investigating officer and the trial court to formally request help from Swiss officials. The central ministries, including the Ministry of Home Affairs and the Ministry of Electronics and IT, cannot act on their own in such cross-border matters.
Regarding broader concerns about Proton Mail’s role in the case, the ASG said he would also consider remarks previously made by the Delhi High Court about the platform’s operations in India.
Although the judgment was reserved on March 21, the Court has currently directed the Central government to block access to Proton Mail.
Proton Mail in Crossroads with Indian Courts
Proton Mail has been involved in multiple legal proceedings in India over the past few years, primarily due to concerns about its encryption features and the challenges they pose to law enforcement agencies.
In July 2022, the Sant Nirankari Mandal, a religious organisation based in Delhi, filed a lawsuit against Proton Technologies AG. The organisation alleged that defamatory emails were sent from a Proton Mail account, targeting its leaders and members. The Delhi District Court ruled in favour of the Mandal, ordering Proton Mail to remove the defamatory content and provide the sender's contact information.
In October 2024, the Delhi High Court addressed concerns about Proton Mail's use in India during a habeas corpus case. The court questioned how the service remained accessible despite previous indications of a ban, especially after it was used to send hoax bomb threats to schools in Chennai. The court directed the Ministry of Home Affairs and the Delhi Police to investigate the matter further.
