Encryption ban proposal in the United Kingdom explained

The UK encryption ban was a pledge by former British prime minister David Cameron to ban online messaging applications that offer end-to-end encryption, such as WhatsApp, iMessage, and Snapchat,[1] [2] [3] [4] under a nationwide surveillance plan.[5] [6] [7] Cameron's proposal was in response to the services which allow users to communicate without providing the UK security services access to their messages,[5] which in turn could allegedly allow suspected terrorists a safe means of communication.[8]

Proposal

On 15 January 2015, David Cameron asked American president Barack Obama to increase pressure on American Internet companies to work more closely with British intelligence agencies, in order to deny potential terrorists a "safe space" to communicate,[9] as well as seeking co-operation to implement tighter surveillance controls.[10] Under new proposals, messaging apps will have to either add a backdoor to their programs, or risk a potential ban within the UK.[11] To justify the proposal to ban encryption, David Cameron claims that "In our country, do we want to allow a means of communication between people, which even in extremis, with a signed warrant from the home secretary personally, that we cannot read?"[12] In defending surveillance of Internet messaging, Cameron pointed out that the British state already possessed the legal ability to read people's private letters and to surveil their private phone calls.

In July 2016, newly appointed home secretary Amber Rudd confirmed the proposed Investigatory Powers Bill would grant any Secretary of State the powers to force communication service providers to remove or disable end-to-end encryption.[13]

Criticism

The UK's Information Commissioner Christopher Graham criticized the plans by saying "We must avoid knee-jerk reactions. In particular, I am concerned about any compromising of effective encryption for consumers of online services."[14] The ISPA claims that the proposal risks "undermining the UK's status as a good and safe place to do business". While David Cameron had also claimed that app providers have "a social responsibility to fight the battle against terrorism", the founder of Lavabit had also criticized the proposals, saying the introduction of backdoors would leave systems more vulnerable.[15] [16]

Resultant legislation

See main article: Investigatory Powers Act 2016. The resulting legislation was the Investigatory Powers Act 2016 (nicknamed the Snoopers' Charter) which comprehensively sets out and in limited respects expands the electronic surveillance powers of the UK Intelligence Community and police. It also aims to improve the safeguards on the exercise of those powers.[17]

See also

External links

Notes and References

  1. Web site: Ian Morris. WhatsApp And Snapchat Could Be Banned In The U.K. After Charlie Hebdo Murders. forbes. 16 January 2015.
  2. Web site: Thomas Tamblyn. David Cameron Wants To Ban Snapchat. Huffington Post. 16 January 2015.
  3. Web site: Andrew Griffin. WhatsApp and iMessage could be banned under new surveillance plans. Independent. 16 January 2015.
  4. Web site: Paris Cowan. UK PM wants to ban encrypted comms. itnews. 16 January 2015.
  5. Web site: Zach Miners. UK prime minister suggests banning encrypted apps like WhatsApp, iMessage. PC World. 15 January 2015.
  6. Web site: Tom Warren. UK government could ban encrypted communications with new surveillance powers. 16 January 2015. The Verge.
  7. Web site: Nicholas Watt. David Cameron pledges anti-terror law for internet after Paris attacks. 16 January 2015. The Guardian.
  8. Web site: Jane Wakefield. Can the government ban encryption?. BBC News. 15 January 2015.
  9. Web site: Nicholas Watt. David Cameron seeks cooperation of US president over encryption crackdown. The Guardian. 16 January 2015.
  10. Web site: Neil McAllister. The Register. 17 January 2015.
  11. Web site: David Kravets. UK prime minister wants backdoors into messaging apps or he’ll ban them. arstechnica. 16 January 2015.
  12. Web site: Steve Ranger. Is banning encryption a crazy plan or an absolute necessity? The reality is much more complicated than that. ZDnet. 17 January 2015.
  13. News: J Martin. Alexander. UK gov says new Home Sec will have powers to ban end-to-end encryption. 15 July 2016. 14 July 2016.
  14. Web site: Ernie Smith. After U.K. prime minister takes aim at encrypted messages, critics speak out. associationsnow. 17 January 2015.
  15. Web site: Dominic Rushe. Lavabit founder condemns David Cameron's 'insane' plan to ban encryption. The Guardian. 17 January 2015.
  16. Web site: Danvers Baillieu. Why David Cameron's crusade against encryption could backfire on business. cityam. 17 January 2015.
  17. News: Travis. Alan. 2015-11-04. Investigatory powers bill: the key points. en-GB. The Guardian. 2020-11-01. 0261-3077.