Independent Review Of Uk National Security Law Warns Of Overreach
Developers of apps that use end-to-end encryption to protect private communications could be considered hostile actors in the UK.
That is the stark warning from Jonathan Hall KC, the government’s Independent Reviewer of State Threats Legislation and Independent Reviewer of Terrorism Legislation, in a new report on national security laws.
In his independent review of the Counter-Terrorism and Border Security Act and the newly implemented National Security Act, Hall KC highlights the incredibly broad scope of powers granted to authorities.
He warns that developers of apps like Signal and WhatsApp could technically fall within the legal definition of "hostile activity" simply because their technology "make[s] it more difficult for UK security and intelligence agencies to monitor communications."
He writes: "It is a reasonable assumption that this would be in the interests of a foreign state even if though the foreign state has never contemplated this potential advantage."
The report also notes that journalists "carrying confidential information" or material "personally embarrassing to the Prime Minister on the eve of important treaty negotiations" could face similar scrutiny.
While it remains to be seen how this report will influence future amendments, it comes at a time of increasing pressure from lawmakers against encryption.
While the report’s strong wording may come as a shock, it doesn't exist in a vacuum. Encrypted apps are increasingly in the crosshairs of UK lawmakers, with several pieces of legislation targeting the technology.
Most notably, Apple was served with a technical capability notice under the Investigatory Powers Act (IPA) demanding it weaken the encryption protecting iCloud data. That legal standoff led the tech giant to disable its Advanced Data Protection instead of creating a backdoor.
The Online Safety Act is already well known for its controversial age verification requirements. However, its most contentious provisions have yet to be fully implemented, and experts fear these could undermine encryption even further.
Source: HackerNews
