WhatsApp might be forced by Ofcom to follow content moderation guidelines that are hard to follow without disabling end-to-end encryption.
The CEO of the chat app has stated that WhatsApp would reject any provisions in the internet safety bill that aimed to forbid end-to-end encryption, raising concerns about the service’s future in the UK. Will Cathcart, the head of WhatsApp at Meta, described the bill as the most alarming piece of legislation being considered in the western world while on a visit to the UK where he would meet MPs to discuss the government’s centerpiece internet reform.
“End-to-end” encryption
Messaging services employ “end-to-end” encryption to make it impossible for anybody other than the intended recipients to decrypt a communication. Due to its own service’s inability to read messages, WhatsApp is unable to abide by legal requirements to turn over messages or requests to actively monitor communications for the protection of children or counterterrorism efforts.
Because of the 2016 investigatory powers act, the UK government already has the authority to request that encryption be turned off, but according to Cathcart, WhatsApp has never been given a formal legal order to do so. Due to the legal “gray area,” the internet safety measure represents a worrying increase of that power.
The Bill
According to the bill, WhatsApp might be forced to adhere to content moderation regulations that would be hard to follow without disabling end-to-end encryption. If the business refused, it might be fined up to 4% of the parent firm Meta’s annual revenue, unless it completely withdrew from the UK market.
Cathcart argued that similar legislation in other countries, such as the EU’s Digital Markets Act, clearly supports end-to-end encryption for messaging services. He asked for the UK bill to include similar language before it was passed. It could specify that the framework should take security and privacy into account. It could state unequivocally that end-to-end encryption shouldn’t be removed. Further procedural safeguards could be implemented to prevent this from being decided on its own.
What’s next?
This summer, the parliament is anticipated to revisit the online safety measure. If approved, it will grant Ofcom considerable new authority as the internet’s regulatory body, enabling it to impose strict sanctions on those who fail to effectively moderate their content.