UK National Security Review Labels Encrypted Messaging Developers as Potential Hostile Actors

An independent review led by Jonathan Hall KC, the UK government's Independent Reviewer of State Threats Legislation, has raised significant concerns regarding the treatment of encrypted messaging applications such as Signal and WhatsApp. The report suggests that developers of these apps could be classified as "hostile actors" under the broad definitions established by the Counter-Terrorism and Border Security Act and the newly implemented National Security Act. This classification stems from the assertion that such technologies complicate the monitoring capabilities of UK security and intelligence agencies.

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The report highlights a growing trend among UK lawmakers to target encryption technologies, which are increasingly viewed as impediments to law enforcement. Hall KC's findings indicate that the legal framework allows for a wide interpretation of what constitutes hostile activity, potentially encompassing developers of encryption tools. This perspective aligns with recent legislative actions, including a technical capability notice served to Apple under the Investigatory Powers Act, which demanded the company weaken its encryption protocols for iCloud data.

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The Online Safety Act has been a focal point of contention, particularly regarding its provisions that could undermine encryption. Despite a petition advocating for the repeal of the Act, Parliament has opted for stricter enforcement measures. During recent debates, lawmakers expressed a desire to review other encrypted tools, including virtual private networks (VPNs), indicating a potential escalation in legislative scrutiny of encryption technologies.

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Critics of the government's stance on encryption emphasize the essential role that such technologies play in safeguarding privacy and security. Olivier Crépin-Leblond from the Internet Society expressed disappointment over the legislative approach, particularly regarding proposals for Client Side Scanning (CSS), which many lawmakers view as a straightforward solution for law enforcement. However, experts warn that such measures could expose users to greater risks from cyberattacks.

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Jemimah Steinfeld, CEO of Index on Censorship, articulated the concerns of digital rights advocates, stating, "The government signposts end-to-end encryption as a threat, but what they fail to consider is that breaking it would be a threat to our national security too." She highlighted the importance of encryption for vulnerable populations, including dissidents, journalists, and victims of domestic abuse.

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As the UK government continues to grapple with the implications of encryption on national security, the future of services like Signal and WhatsApp remains uncertain. Both companies have previously indicated a willingness to exit the UK market rather than compromise user privacy and security. With the ongoing legislative pressures and the contrasting views on encryption's role in society, a challenging landscape lies ahead for developers of encrypted messaging applications.

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• “It is a reasonable assumption that this would be in the interests of a foreign state even if though the foreign state has never contemplated this potential advantage.” — Jonathan Hall KC, Independent Reviewer of State Threats Legislation

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• “The government signposts end-to-end encryption as a threat, but what they fail to consider is that breaking it would be a threat to our national security too,” — Jemimah Steinfeld, CEO of Index on Censorship

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• "When it came to Client Side Scanning (CSS), most felt this could be one of the 'easy technological fixes' that could help law enforcement greatly." — Olivier Crépin-Leblond, Internet Society

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