EU Proposes Enforcing Data Encryption and Banning Backdoors

The European Parliament's Committee on Civil Liberties, Justice, and Home Affairs has published draft proposals that would enforce end-to-end encryption on all digital communications and forbid backdoors that enable law enforcement to access private message data.

The proposed amendment relates to Article 7 of the EU's Charter of Fundamental Rights, which says that EU citizens have a right to personal privacy, as well as privacy in their family life and at home. By extension, the "confidentiality and safety" of EU citizens' electronic communications needs to be "guaranteed" in the same manner.

European Commisssion

Confidentiality of electronic communications ensures that information exchanged between parties and the external elements of such communication, including when the information has been sent, from where, to whom, is not to be revealed to anyone other than to the parties involved in a communication.

The principle of confidentiality should apply to current and future means of communication, including calls, internet access, instant messaging applications, e-mail, internet phone calls and messaging provided through social media.

The regulation states that the disclosure of contents in electronic communications may reveal highly sensitive information about citizens, from personal experiences and emotions to medical conditions, sexual preferences and political views, which could result in personal and social harm, economic loss or embarrassment.

In addition, the committee argues that not only the content of communications needs to be protected, but also the metadata associated with it, including numbers called, websites visited, geographical location, and the time, date, and duration of calls, which might otherwise be used to draw conclusions about the private lives of persons involved.

The regulations would apply to providers of electronic communication services as well as software providers that enable electronic communications and the retrieval of information on the internet. However, the amendment goes further by stating that the use of software backdoors by EU member states should be outlawed.

When encryption of electronic communications data is used, decryption, reverse engineering or monitoring of such communications shall be prohibited.  

Member states shall not impose any obligations on electronic communications service providers that would result in the weakening of the security and encryption of their networks and services.

The proposals appear to have been tabled in response to comments made by EU member states such as the U.K., which has argued that encrypted online channels such as WhatsApp and Telegram provide a "safe haven" for terrorists because governments and even the companies that host the services cannot read them.

The U.K. home secretary Amber Rudd recently claimed that it is "completely unacceptable" that authorities cannot gain access to messages stored on mobile applications protected by end-to-end encryption. A leaked draft technical paper prepared by the U.K. government was leaked shortly after Rudd's comments, containing proposals related to the removal of encryption from private communications.

The EU proposals could also put European security policy at odds with federal legislators in the U.S., who recently called on technology companies to compromise the encryption built into their mobile software. Last year, Apple and the FBI were involved in a public dispute over the latter's demands to provide a backdoor into iPhones, following the December 2015 shooter incidents in San Bernardino.

Apple said the software the FBI asked for could serve as a "master key" able to be used to get information from any iPhone or iPad - including its most recent devices - while the FBI claimed it only wanted access to a single iPhone.

The European Union proposals have to be approved by MEPs and reviewed by the EU council before the amendments can pass. It remains unclear how the laws would apply in the U.K. after Brexit, initial negotiations for which begin on Monday. 

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Top Rated Comments

mixel Avatar
88 months ago
Oh man.. I respect what they're trying to do here. This makes our plans in the UK seem even more insanely inept.
Score: 40 Votes (Like | Disagree)
0098386 Avatar
88 months ago
Once again, I love how human-facing the EU and their policies are. Be a shame to leave the UK.
Score: 36 Votes (Like | Disagree)
Garrod Avatar
88 months ago
I'm just hoping the whole Brexit thing collapses in some way. I very much doubt it though sadly.
Score: 29 Votes (Like | Disagree)
drumcat Avatar
88 months ago
President Bannon, what do you think?
Score: 22 Votes (Like | Disagree)
harrisondavies Avatar
88 months ago
With our current dictator in power (Theresa May) I doubt we’d see these measures, since she wants to lock down the UKs internet and open encryption North Korea style.
Score: 18 Votes (Like | Disagree)
MentalFloss Avatar
88 months ago
I don't trust the EU with its unelected elites deciding on our lives.
Whenever I read that nonsense about those supposed "unelected elites" in the EU, I basically stop reading, as nothing smart can follow after that.

The crazy part is that the whole Brexit thing is based on that. People like Nigel Farage have derived their whole political career from talking about some imaginary "unelected elites". And people actually believed it. Perhaps Theresa May should have campaigned on an anti-bogeyman platform. Or with a campaign slogan like "Santa Claus's toy factories are destroying jobs in the UK!" Seems to work well enough.
Score: 14 Votes (Like | Disagree)

Popular Stories

reset password request iphone

Warning: Apple Users Targeted in Phishing Attack Involving Rapid Password Reset Requests

Tuesday March 26, 2024 4:34 pm PDT by
Phishing attacks taking advantage of Apple's password reset feature have become increasingly common, according to a report from KrebsOnSecurity. Multiple Apple users have been targeted in an attack that bombards them with an endless stream of notifications or multi-factor authentication (MFA) messages in an attempt to cause panic so they'll respond favorably to social engineering. An...
iPhone Home Screen Gradient Blank Spaces 1

Sources: iOS 18 Lets Apps Be Placed Anywhere on Home Screen Grid

Sunday March 24, 2024 1:33 pm PDT by
iOS 18 will give iPhone users greater control over Home Screen app icon arrangement, according to sources familiar with the matter. While app icons will likely remain locked to an invisible grid system on the Home Screen, to ensure there is some uniformity, our sources say that users will be able to arrange icons more freely on iOS 18. For example, we expect that the update will introduce...
iPad Pro 2024 Landscape Camera Feature

New iPad Pro Again Rumored to Feature Landscape Front-Facing Camera

Monday March 25, 2024 5:43 am PDT by
The next-generation iPad Pro will feature a landscape-oriented front-facing camera for the first time, according to the Apple leaker known as "Instant Digital." Instant Digital reiterated the design change earlier today on Weibo with a simple accompanying 2D image. The post reveals that the entire TrueDepth camera array will move to the right side of the device, while the microphone will...
sonoma desktop wwdc

Apple Releases macOS Sonoma 14.4.1 With Fix for USB Hub Bug

Monday March 25, 2024 10:10 am PDT by
Apple today released macOS Sonoma 14.4.1, a minor update for the macOS Sonoma operating system that launched last September. macOS Sonoma 14.4.1 comes three weeks after macOS Sonoma 14.4. The ‌‌‌‌macOS Sonoma‌‌ 14.4‌.1 update can be downloaded for free on all eligible Macs using the Software Update section of System Settings. There's also a macOS 13.6.6 release for those who...
Generic iOS 18 Feature Purple

iOS 18 Will Finally Bring This Android Feature to iPhone

Monday March 25, 2024 6:42 am PDT by
iOS 18 will allow iPhone users to place app icons anywhere on the Home Screen grid, according to sources familiar with development of the software update. This basic feature has long been available on Android smartphones. While app icons will likely remain locked to an invisible grid system on the Home Screen, our sources said that users will be able to arrange icons more freely on iOS 18....
iphone reasons to upgrade

Apple Outlines 'Reasons to Upgrade' Your iPhone on New Website

Monday March 25, 2024 12:53 pm PDT by
Apple today added a "Why Upgrade" section to its website, which is aimed at encouraging customers with older iPhones to upgrade to a newer model. The website allows customers to compare the iPhone 11, 11 Pro, 11 Pro Max, 12, 12 mini, 12 Pro, and 12 Pro Max to the iPhone 15, iPhone 15 Plus, iPhone 15 Pro, or iPhone 15 Pro Max. Each comparison shows what new features someone with an older...
maxresdefault

Apple Announces WWDC 2024 Event for June 10 to 14

Tuesday March 26, 2024 10:02 am PDT by
Apple today announced that its 35th annual Worldwide Developers Conference is set to take place from Monday, June 10 to Friday, June 14. As with WWDC events since 2020, WWDC 2024 will be an online event that is open to all developers at no cost. Subscribe to the MacRumors YouTube channel for more videos. WWDC 2024 will include online sessions and labs so that developers can learn about new...