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End-to-end encryption, chat control, and the future of the right to encryption in digital services
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DOI：10.1093/cybsec/tyag010.png)
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Abstract
En 中文
One of the pressing issues in the regulation of digital communications services is how to ensure effective cryptographic protection of user communications. This issue is analysed in relation to the so-called right to encryption and the risks associated with using encrypted messengers to disseminate illegal content, including CSAM and extremist content. The response to this threat is various countries' adoption of a new category of regulations, which deliberately weaken certain traffic encryption techniques in order to enable service providers or public authorities to monitor the content of messages. This problem relates to end-to-end encryption (E2EE) in particular, which is widely used in leading communication services. The aim of this article is to discuss a ratio legis and present possible regulatory strategies for weakening E2EE that could be considered by EU legislature. Although the draft EU CSAM Regulation will serve as the backdrop for these considerations, the issue of regulating E2EE will be examined from multiple angles-starting with an explanation of its technical aspects, moving on to the reasons for the proposed regulation of its use, and ending with an analysis of the regulations that have been proposed or implemented in selected countries (Russia, the USA, and the UK). This paper outlines a proposal for the implementation of a horizontal EU act on the security of encrypted communications, applicable not only to one specific sector, but also affecting the entire EU digital market. It further argues that EU regulatory policy should be based on a hybrid regulatory approach, integrating normative obligations with technical design choices to adequately protect user transmissions without hindering the fight against serious crime.
Keywords:
end-to-end encryption
right to encryption
encryption regulation
electronic communications
key escrow
chat control
Journal
J
IF:
3.2
Papers:
52
Citations:
0
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