EU Data Protection Official Says Revised Privacy Laws Should Ban Backdooring Encryption

from the sounds-like-a-plan dept

The EU's "Cookie Law" is a complete joke and waste of time. An attempt to regulate privacy in the EU, all it's really served to do is annoy millions of internet users with little pop up notices about cookie practices that everyone just clicks through to get to the content they want to read. The EU at least recognizes some of the problems with the law and is working on a rewrite... and apparently there's an interesting element that may be included in it: banning encryption backdoors. That's via a new report from European Data Protection Supervisor (EDPS) Giovanni Buttarelli, who was put in charge of reviewing the EU's ePrivacy Directive to make it comply with the new General Data Protection Regulation (GDPR) that is set to go into effect in May of 2018. The key bit:
The new rules should also clearly allow users to use end-to-end encryption (without 'backdoors') to protect their electronic communications.

Decryption, reverse engineering or monitoring of communications protected by encryption should be prohibited.

In addition, the use of end-to-end encryption should also be encouraged and when necessary, mandated, in accordance with the principle of data protection by design.
To be clear, this actually seems like it may go too far. There are plenty of situations where it seems completely reasonable for law enforcement to use other means to figure out ways to decrypt encrypted communications. Arguing that it should be completely outlawed seems a bit extreme. But blocking backdoors does seem like a good idea. The report also says that the use of end-to-end encryption should be encouraged to the point of being mandated in some cases:
In addition, the use of end-to-end encryption should also be encouraged and when necessary, mandated, in accordance with the principle of data protection by design. In this context the EDPS also recommends that the Commission consider measures to encourage development of technical standards on encryption, also in support of the revised security requirements in the GDPR.

The EDPS further recommends that the new legal instrument for ePrivacy specifically prohibit encryption providers, communications service providers and all other organisations (at all levels of the supply chain) from allowing or facilitating 'back-doors'.
Conceptually, this sounds good, but the implementation matters. Mandating encryption seems to be going a bit far. While I tend to think it makes sense for much more widespread use of encryption, it's not clear why the government needs to get involved here at all. And that includes in the development of such standards. In fact, as we've seen in the past, when the government gets involved in creating encryption standards, that seems to be where the intelligence community can slip in their backdoors.

Still, this is certainly an interesting development. Of course, it would also conflict with the UK's Snooper's Charter ("Investigatory Powers Act") which mandates backdoors for encryption. Though, to be fair, by the time the new rules go into practice, perhaps the UK will no longer be a part of the EU.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: backdoors, data protection, encryption, eprivacy directive, eu, gdpr, privacy


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. icon
    John Fenderson (profile), 27 Jul 2016 @ 9:51pm

    Re: Re: Re:

    Yep, it's us here in the US who have that particular problem.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Make this the First Word or Last Word. No thanks. (get credits or sign in to see balance)    
  • Remember name/email/url (set a cookie)

Follow Techdirt
Advertisment

Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Discord

The latest chatter on the Techdirt Insider Discord channel...

Loading...
Recent Stories

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.