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.

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

(View all)
Avatar
43 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)
Avatar
43 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)
Avatar
43 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)
Avatar
43 months ago
President Bannon, what do you think?
Score: 22 Votes (Like | Disagree)
Avatar
43 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)
Avatar
43 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)

Top Stories

Here's How You Can Download iOS 14 and iPadOS 14 Around the World [It's Out]

Wednesday September 16, 2020 2:36 am PDT by
Apple's official public release of iOS 14 and iPadOS 14 dropped on Wednesday, September 16, just a day after the company released the Golden Master to third-party developers. Also set to be made available to the general public for the first time are watchOS 7 and tvOS 14. Getting Started With iOS 14 Video Click image to watch iOS 14 Getting Started While that's left a lot of developers...

When Will the iPhone 12 Launch? Here's What We Know

Wednesday September 16, 2020 6:12 am PDT by
Yesterday's "Time Flies" Apple event saw the release of the Apple Watch Series 6, Apple Watch SE, iPad 8, and iPad Air 4, but no new iPhone models. Rumors before the event strongly alleged that it would not see the unveiling of new iPhones, with many reports pointing to an October launch. The lack of new iPhone models yesterday seems to confirm that the iPhone 12 lineup will not appear...

Apple Releases iOS 14 and iPadOS 14 With Home Screen Redesign, App Library, Compact UI, Translate App, Scribble Support, App Clips, and More

Wednesday September 16, 2020 12:48 pm PDT by
Apple has released iOS 14 and iPadOS 14, the newest operating system updates designed for the iPhone and iPad. As with all of Apple's software updates, iOS 14 and iPadOS 14 can be downloaded for free. iOS 14 is available on the iPhone 6s and later, while iPadOS 14 is available on the iPad Air 2 and later. The updates are available on all eligible devices over-the-air in the Settings app. To ...

Apple Updates AirPods 2 and AirPods Pro Firmware to Version 3A283

Monday September 14, 2020 11:24 am PDT by
Apple today released new 3A283 firmware updates for the second-generation AirPods and the AirPods Pro. The second-generation AirPods are being updated from the 2D15 firmware they were previously running, while the AirPods Pros are being updated from the 2D27 firmware they had installed previously. Apple does not provide details on what's included in refreshed firmware so we don't know what's ...

Spotify Says Apple One Bundle Will Cause 'Irreparable Harm to Developer Community'

Tuesday September 15, 2020 12:26 pm PDT by
Apple today announced Apple One, a series of new subscription bundles that provide access to various Apple services at a combined monthly price. In response, Spotify sent out statements (via Peter Kafka) to the press decrying Apple's anti-competitive behavior and calling on "competition authorities" to stop Apple before it is able to cause "irreparable harm" to developers.Once again, Apple...

iOS 14, iPadOS 14, watchOS 7, and tvOS 14 Will Be Released September 16

Tuesday September 15, 2020 11:06 am PDT by
Apple today announced that iOS 14, iPadOS 14, watchOS 7, and tvOS 14 will be officially released on Wednesday, September 16. Apple has seeded the final Golden Master beta versions of each update to developers in advance. ‌iOS 14‌ and iPadOS 14 introduce dozens of new features, including a redesigned Home Screen that supports widgets on the iPhone and iPad for the first time. For more...

New AirPods Pro Firmware Introduces Spatial Audio Support and Automatic Switching

Monday September 14, 2020 12:22 pm PDT by
The new 3A283 firmware that Apple released for the AirPods Pro today appears to introduce support for Spatial Audio, a new feature coming to the higher-end AirPods with iOS 14. Multiple reports on Twitter and the MacRumors forums indicate that the firmware update adds a "Spatial Audio" option to the Control Center, which can be activated to enable the feature. Note that using Spatial Audio...

Apple Releases Safari 14 for Mac Ahead of macOS Big Sur Launch

Wednesday September 16, 2020 1:40 pm PDT by
macOS Big Sur didn't launch alongside iOS 14, iPadOS 14, tvOS 14, and watchOS 7 today, with the update coming later this fall, but Apple did release the Safari 14 update for macOS Catalina and macOS Mojave users. Safari 14 brings improved performance, customizable start pages, a Privacy Report to see which cross-site trackers are being blocked, and a new tab bar design that provides tab...

Full Transcript of Apple's 'Time Flies' Event With Apple Watch and iPad Updates

Tuesday September 15, 2020 8:46 am PDT by
Apple's virtual "Time Flies" event kicks off today at 10:00 a.m. Pacific Time, with Apple expected to debut new Apple Watch and iPad models, but it appears we may not see the iPhone 12 until next month. While we're not expecting to see new iPhones today, Apple's software updates for its various platforms are likely nearly ready for launch, so we may be hearing more about them today. Check...

Everything Apple Announced at Today's iPad and Apple Watch Event in Just Seven Minutes

Tuesday September 15, 2020 2:19 pm PDT by
Apple today held its annual September event, but this year was a bit different because no new iPhones were announced. The "Time Flies" event focused on the Apple Watch Series 6 and the iPad Air, and saw the debut of a new Apple One services bundle. Subscribe to the MacRumors YouTube channel for more videos. It took Apple an hour to introduce the new devices, but we've recapped the event in...