Britain Admits Defeat in Controversial Fight to Break Encryption
The UK government has admitted that the technology needed to securely scan 
encrypted messages sent on Signal and WhatsApp doesn’t exist, weakening its 
controversial Online Safety Bill.

Tech companies and privacy activists are claiming victory after an 
eleventh-hour concession by the British government in a long-running battle 
over end-to-end encryption.

The so-called “spy clause” in the UK’s Online Safety 
Bill<https://www.wired.com/story/the-uk-is-poised-to-force-a-bad-law-on-the-internet/>,
 which experts argued would have made end-to-end encryption all but impossible 
in the country, will no longer be enforced after the government admitted the 
technology to securely scan encrypted messages for signs of child sexual abuse 
material, or CSAM, without compromising users’ privacy, doesn’t yet exist. 
Secure messaging services, including WhatsApp and Signal, had threatened to 
pull out of the UK if the bill was passed.

“It’s absolutely a victory,” says Meredith Whittaker, president of the Signal 
Foundation, which operates the Signal messaging service. Whittaker has been a 
staunch opponent of the bill, and has been meeting with activists and lobbying 
for the legislation to be changed. “It commits to not using broken tech or 
broken techniques to undermine end-to-end encryption.”

The UK’s Department for Digital, Culture, Media and Sport did not respond to a 
request for comment.

The UK government hadn’t specified the technology that platforms should use to 
identify CSAM being sent on encrypted services, but the most commonly-cited 
solution was something called client-side scanning. On services that use 
end-to-end encryption, only the sender and recipient of a message can see its 
content; even the service provider can’t access the unencrypted data.

Client-side scanning would mean examining the content of the message before it 
was sent—that is, on the user’s device—and comparing it to a database of CSAM 
held on a server somewhere else. That, according to Alan Woodward, a visiting 
professor in cybersecurity at the University of Surrey, amounts to 
“government-sanctioned spyware scanning your images and possibly your [texts].”

In December, Apple shelved its 
plans<https://www.wired.com/story/apple-photo-scanning-csam-communication-safety-messages/>
 to build client-side scanning technology for iCloud, later 
saying<https://www.wired.com/story/apple-csam-scanning-heat-initiative-letter/> 
that it couldn’t make the system work without infringing on its users’ privacy.

Opponents of the bill say that putting backdoors into people’s devices to 
search for CSAM images would almost certainly pave the way for wider 
surveillance by governments. “You make mass surveillance become almost an 
inevitability by putting [these tools] in their hands,” Woodward says. “There 
will always be some ‘exceptional circumstances’ that [security forces] think of 
that warrants them searching for something else.”

Although the UK government has said that it now won’t force unproven technology 
on tech companies, and that it essentially won’t use the powers under the bill, 
the controversial clauses remain within the legislation, which is still likely 
to pass into law. “It’s not gone away, but it’s a step in the right direction,” 
Woodward says.

James Baker, campaign manager for the Open Rights Group, a nonprofit that has 
campaigned against the law’s passage, says that the continued existence of the 
powers within the law means encryption-breaking surveillance could still be 
introduced in the future. “It would be better if these powers were completely 
removed from the bill,” he adds.

But some are less positive about the apparent volte-face. “Nothing has 
changed,” says Matthew Hodgson, CEO of UK-based Element, which supplies 
end-to-end encrypted messaging to militaries and governments. “It’s only what’s 
actually written in the bill that matters. Scanning is fundamentally 
incompatible with end-to-end encrypted messaging apps. Scanning bypasses the 
encryption in order to scan, exposing your messages to attackers. So all ‘until 
it’s technically feasible’ means is opening the door to scanning in future 
rather than scanning today. It’s not a change, it’s kicking the can down the 
road.”

Whittaker acknowledges that “it’s not enough” that the law simply won’t be 
aggressively enforced. “But it’s major. We can recognize a win without claiming 
that this is the final victory,” she says.

The implications of the British government backing down, even partially, will 
reverberate far beyond the UK, Whittaker says. Security services around the 
world have been pushing for measures to weaken end-to-end encryption, and there 
is a similar battle going on in Europe over CSAM, where the European Union 
commissioner in charge of home affairs, Ylva 
Johannson<https://www.wired.com/story/europes-moral-crusader-lays-down-the-law-on-encryption/>,
 has been pushing similar, unproven technologies.

“It’s huge in terms of arresting the type of permissive international precedent 
that this would set,” Whittaker says. “The UK was the first jurisdiction to be 
pushing this kind of mass surveillance. It stops that momentum. And that’s huge 
for the world.”




https://www.wired.com/story/britain-admits-defeat-online-safety-bill-encryption/
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