Digital Safety Legislation Threatens More Than Just User Age Verification; End-to-end Encryption Is Potentially In Jeopardy
The "spy clause" in the UK's Online Safety Act, specifically the client-side scanning requirement in Article 122, is currently halted but not removed. This provision, which would have required messaging apps to scan private and encrypted messages on users' devices to detect harmful content, has sparked significant backlash from privacy advocates and tech companies alike.
Originally, the clause was intended to be enforced, but the UK government decided to pause it until a technically feasible method to carry out client-side scanning without breaking end-to-end encryption could be found[1][2]. The government and regulators are currently exploring two main approaches:
- Scanning messages before encryption: This would mean preemptive monitoring of all communications before they're encrypted but is widely criticized as effectively mass surveillance and likely unacceptable under EU privacy norms[1][2].
- Building a technical "switch" into devices: This would allow law enforcement to activate scanning on suspects' devices before encryption, but experts warn this would amount to mass surveillance on all devices, raising serious privacy and security concerns[2].
No solution has been implemented yet, and the clause remains on hold pending a "technically sound" and feasible method to carry out client-side scanning without breaking end-to-end encryption[1][2].
The halt of the spy clause comes amidst criticism of the Online Safety Act, which seeks to make the internet safer by holding tech providers liable for the behavior of their users and turning them into enforcement agencies[4]. Digital rights experts warn that a legal encryption backdoor could leave citizens vulnerable to abuse by authorities[5].
The fall of Roe vs Wade in the US serves as a cautionary example of the potential loss of reproductive data privacy rights[6]. In the EU, efforts to scan people's private messages and decrypt Europeans' private data are ongoing[7]. Age verification, a requirement for accessing adult content, has already come into force in the UK[3], but the status of the spy clause remains a topic of ongoing debate.
Encrypted messaging apps, secure email providers, and the best VPN services all rely on end-to-end encryption to ensure communications remain private between the sender and the receiver[8]. The looming spy clause in the Online Safety Act may be only the tip of the iceberg of the UK Surveillance State[9].
References:
- https://www.theregister.com/2023/02/24/online_safety_bill_spy_clause_halted/
- https://www.bbc.co.uk/news/technology-57346839
- https://www.gov.uk/government/news/age-verification-requirements-for-online-pornography-come-into-force
- https://www.theguardian.com/technology/2021/apr/20/online-safety-bill-uk-internet-censorship-regulation
- https://www.techdirt.com/articles/20210420/19315343595/online-safety-bill-would-undermine-encryption-and-privacy-rights-in-uk.shtml
- https://www.nytimes.com/2022/06/24/opinion/roe-v-wade-abortion-privacy.html
- https://edri.org/edri-gram-number-18-1-2021/
- https://www.vpnmentor.com/blog/best-vpn-services/
- https://www.theguardian.com/technology/2021/apr/20/online-safety-bill-uk-internet-censorship-regulation
- The client-side scanning requirement in Article 122 of the UK's Online Safety Act, often referred to as the spy clause, is currently on hold, but remains a topic of debate in data-and-cloud-computing and technology policy-and-legislation.
- The spy clause, which would have mandated messaging apps to scan private and encrypted messages for harmful content, has sparked concerns in the realm of cybersecurity, with experts warning about the possible implications for privacy and security.
- Amidst criticism of the Online Safety Act, including concerns about privacy rights and the potential for a legal encryption backdoor, the government continues its exploration of feasible methods for client-side scanning, carefully considering the impact on technology, politics, and general news.
