So: In addition to opening the door to civil and/or criminal liability for E2EE services without ever mentioning the word “encryption” (as explained above), STOP CSAM is trying to lay the groundwork for justifying a later bill to more overtly ban providers from offering E2EE at all.
While privacy groups and apps applaud Apple for the expansion of end-to-end encryption in iCloud, governments have reacted differently. In a statement to The Washington Post, the FBI, the largest intelligence agency in the world, said it’s “deeply concerned with the threat end-to-end and user-only-access encryption pose.” Speaking generally about end-to-end encryption like Apple’s Advanced Data Protection feature, the bureau said that it makes it harder for the agency to do its work and that it requests “lawful access by design.”
“This hinders our ability to protect the American people from criminal acts ranging from cyber-attacks and violence against children to drug trafficking, organized crime, and terrorism,” the bureau said in an emailed statement. “In this age of cybersecurity and demands for ‘security by design,’ the FBI and law enforcement partners need ‘lawful access by design.'”
Former FBI official Sasha O’Connell also weighed in, telling The New York Times “it’s great to see companies prioritizing security, but we have to keep in mind that there are trade-offs, and one that is often not considered is the impact it has on decreasing law enforcement access to digital evidence.”
Over the last week or so, I keep hearing about a big push among activists and lawmakers to try to get the Kids Online Safety Act (KOSA) into the year-end “must pass” omnibus bill. Earlier this week, one of the main parents pushing for the bill went on Jake Tapper’s show on CNN and stumped for it. And, the latest report from Axios confirms that lawmakers are looking to include it in the lameduck omnibus, or possibly the NDAA (despite it having absolutely nothing to do with defense spending).
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