While the Justice Department wages a public fight with Apple over access to a locked iPhone, government officials are privately debating how to resolve a prolonged standoff with another technology company, WhatsApp, over access to its popular instant messaging application, officials and others involved in the case said.
No decision has been made, but a court fight with WhatsApp, the world’s largest mobile messaging service, would open a new front in the Obama administration’s dispute with Silicon Valley over encryption, security and privacy.
WhatsApp, which is owned by Facebook, allows customers to send messages and make phone calls over the Internet. In the last year, the company has been adding encryption to those conversations, making it impossible for the Justice Department to read or eavesdrop, even with a judge’s wiretap order.
As recently as this past week, officials said, the Justice Department was discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption.
The Justice Department and WhatsApp declined to comment. The government officials and others who discussed the dispute did so on condition of anonymity because the wiretap order and all the information associated with it were under seal. The nature of the case was not clear, except that officials said it was not a terrorism investigation. The location of the investigation was also unclear.
To understand the battle lines, consider this imperfect analogy from the predigital world: If the Apple dispute is akin to whether the F.B.I. can unlock your front door and search your house, the issue with WhatsApp is whether it can listen to your phone calls. In the era of encryption, neither question has a clear answer.
Some investigators view the WhatsApp issue as even more significant than the one over locked phones because it goes to the heart of the future of wiretapping. They say the Justice Department should ask a judge to force WhatsApp to help the government get information that has been encrypted. Others are reluctant to escalate the dispute, particularly with senators saying they will soon introduce legislation to help the government get data in a format it can read.
Whether the WhatsApp dispute ends in a court fight that sets precedents, many law enforcement officials and security experts say that such a case may be inevitable because the nation’s wiretapping laws were last updated a generation ago, when people communicated by landline telephones that were easy to tap.
“The F.B.I. and the Justice Department are just choosing the exact circumstance to pick the fight that looks the best for them,” said Peter Eckersley, the chief computer scientist at the Electronic Frontier Foundation, a nonprofit group that focuses on digital rights. “They’re waiting for the case that makes the demand look reasonable.”
A senior law enforcement official disputed the notion that the government was angling for the perfect case, and said that litigation was not inevitable.
This is not the first time that the government’s wiretaps have been thwarted by encryption. And WhatsApp is not the only company to clash with the government over the issue. But with a billion users and a particularly strong international customer base, it is by far the largest.
Learn more: WhatsApp Encryption Said to Stymie Wiretap Order
The Latest on: Encryption privacy
via Google News
The Latest on: Encryption privacy
- Report: Two new encryption standards will soon sweep away security controlson August 7, 2020 at 6:48 am
HTTPS (DoH) are implemented or they won't be able to analyze network traffic and detect cyberthreats, warns Forrester Research.
- Google Locks Down Your Storage For Privacy With Safe Folder In Fileson August 5, 2020 at 5:47 pm
Google is now rolling out a feature called Safe Folder in the Files application, intent on protecting users via 4-PIN encryption. That's according to an ...
- Blubrry Podcasting's Private Internal Podcasting service provides secure Android appon August 4, 2020 at 12:20 am
Packed full of security measures, a mobile app is the most secure way to provide a private podcast that eliminates any possible sharing capabilities. Encryption-at-rest guarantees that private ...
- NEXCOM Boosts Data Encryption Speed and Efficiency with Intel(R) QAT Card NA 1000-L2Xon August 3, 2020 at 6:13 pm
L2X utilizes Intel® QAT, which includes symmetric encryption and authentication, asymmetric encryption, digital signatures, RSA, DH, and ECC, and lossless data compression capabilities. The QAT card ...
- How Employing Encryption for Data Security Changed Historyon August 3, 2020 at 9:04 am
Cipher writers from World War II are still in control of the information kept by their unbroken codes. Learn a short history of encryption beyond computing.
- Duality Technologies and NumFOCUS Partner to Develop Platform for Privacy-Preserving Analysis of the Real Impact of Academic Scholarshipson August 3, 2020 at 7:40 am
Enhancing Technologies (PETs) enabling collaboration between organizations on sensitive data, announced today a new partnership with NumFOCUS, a non-profit organization which sponsors the use of ...
- AG Barr Hails House Bill Banning Warrant-Proof Encryptionon July 31, 2020 at 6:37 am
Ann Wagner (R-Mo.) has introduced the Lawful Access to Encrypted Data Act, which would disallow warrant-proof encryption. It is a companion to a similar Senate bill introduced by Lindsey Graham (R-S.C ...
- Mathematical Mesh alpha release promises better end-to-end encryptionon July 31, 2020 at 3:08 am
Web pioneer proposes a new cryptographic system that relies on threshold key infrastructure to improve end-to-end encryption.
- E-mail Encryption Marketon July 30, 2020 at 9:00 am
The global e-mail encryption market is driven by a rise in demand for cloud-based services, privacy regulations, and the increase in data security concerns. However, the high cost of encryption ...
- Enterprise Data Strategies in the Aftermath of the US Privacy Shield Defeaton July 27, 2020 at 1:58 pm
The EU struck down the U.S. Privacy Shield and as a result transferring data between the EU and the U.S. is likely to get a lot more difficult. Now what do you do? There is technology available to ...
via Bing News