Communications Daily, April 7, 2020

By Karl Herchenroeder

DOJ can investigate without weakening end-to-end encryption for messaging apps, representatives from BSA | The Software Alliance and Internet Society said in interviews, after Telegram told us the messaging app is under FBI investigation.

It’s unquestionable DOJ targeted WhatsApp, said BSA Senior Director - Policy Tommy Ross. He noted Barr’s letter urging Facebook to forgo plans to deploy encryption across messaging services. Telegram said that “as stated in the Privacy Policy, Telegram doesn't disclose private information of its users to third-parties. We suspect such investigations may be a result of us adhering to our privacy guidelines.”

Major tech companies like Apple are acting in good faith and complying with law enforcement orders when necessary, said Ross. “They’re not trying to play games.” Encryption lets Apple provide better products, he said. The expert cited an FCC subgroup's report showing such security measures deter crime. In the six months after Apple introduced “activation lock” in 2013, iPhone theft declined by 38% in San Francisco and 19% in New York, said the Technological Advisory Council's subgroup. Police and industry need to explore solutions that protect both business and law enforcement interests, Ross said.

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