The spectre of “law-enforcement going dark“ is on the EU agenda once again. I’ve written about the unintended consequences of states using malware to break into mobile phones to monitor communication multiple times. See here and here. Recently it became known that yet another democratic EU Member state has employed such software to spy on journalists and other civil society figures – and not on the hardened criminals or terrorists which are always cited as the reason why these methods are needed.
Anyway, I want to discuss a different aspect today: the intention of various law enforcement agencies to enact legislation to force the operators of “over-the-top” (OTT) communication services (WhatsApp, Signal, iChat, Skype, …) to implement a backdoor to the end-to-end encryption feature that all modern applications have introduced over the last years. When I talked to a Belgian public prosecutor last year about that topic he said: “we don’t want a backdoor for the encryption, we want the collaboration of the operators to give us access when we ask for it”
Let’s assume the law enforcement folks win the debate in the EU and chat control becomes law. How might this play out?