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The problems with ending encryption to fight terrorism

Forcing tech firms to create a "backdoor" to access messages would be a gift to cyber-hackers.

The UK has endured its worst terrorist atrocity since 7 July 2005 and the threat level has been raised to "critical" for the first time in a decade. Though election campaigning has been suspended, the debate over potential new powers has already begun.

Today's Sun reports that the Conservatives will seek to force technology companies to hand over encrypted messages to the police and security services. The new Technical Capability Notices were proposed by Amber Rudd following the Westminster terrorist attack and a month-long consultation closed last week. A Tory minister told the Sun: "We will do this as soon as we can after the election, as long as we get back in. The level of threat clearly proves there is no more time to waste now. The social media companies have been laughing in our faces for too long."

Put that way, the plan sounds reasonable (orders would be approved by the home secretary and a senior judge). But there are irrefutable problems. Encryption means tech firms such as WhatsApp and Apple can't simply "hand over" suspect messages - they can't access them at all. The technology is designed precisely so that conversations are genuinely private (unless a suspect's device is obtained or hacked into). Were companies to create an encryption "backdoor", as the government proposes, they would also create new opportunities for criminals and cyberhackers (as in the case of the recent NHS attack).

Ian Levy, the technical director of the National Cyber Security, told the New Statesman's Will Dunn earlier this year: "Nobody in this organisation or our parent organisation will ever ask for a 'back door' in a large-scale encryption system, because it's dumb."

But there is a more profound problem: once created, a technology cannot be uninvented. Should large tech firms end encryption, terrorists will merely turn to other, lesser-known platforms. The only means of barring UK citizens from using the service would be a Chinese-style "great firewall", cutting Britain off from the rest of the internet. In 2015, before entering the cabinet, Brexit Secretary David Davis warned of ending encryption: "Such a move would have had devastating consequences for all financial transactions and online commerce, not to mention the security of all personal data. Its consequences for the City do not bear thinking about."

Labour's manifesto pledged to "provide our security agencies with the resources and the powers they need to protect our country and keep us all safe." But added: "We will also ensure that such powers do not weaken our individual rights or civil liberties". The Liberal Democrats have vowed to "oppose Conservative attempts to undermine encryption."

But with a large Conservative majority inevitable, according to polls, ministers will be confident of winning parliamentary support for the plan. Only a rebellion led by Davis-esque liberals is likely to stop them.

George Eaton is political editor of the New Statesman.

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Will the Brexit Cabinet talks end in a “three baskets” approach?

The joy of the three baskets idea is that everyone gets to tell themselves that it will be their basket that ends up the fullest. 

It's decision day in the Brexit talks. Again.

The Brexit inner Cabinet will meet to hammer out not its final position, but the shape of its negotiating position. The expected result: an agreement on an end state in which the United Kingdom agrees it will follow EU regulations as it were still a member, for example on aviation; will agree to follow EU objectives but go about them in its own way, for example on recycling, where the British government wants to do more on plastic and less on glass; and finally, in some areas, it will go its way completely, for instance on financial services. Or as it has come to be known in Whitehall, the "three baskets" approach.

For all the lengthy run-up, this bit isn't expected to be difficult: the joy of the three baskets idea is that everyone gets to tell themselves that it will be their basket that ends up the fullest. There are two difficulties: the first is that the EU27 won't play ball, and the second is that MPs will kick off when it emerges that their preferred basket is essentially empty.

The objections of the EU27 are perhaps somewhat overwritten. The demands of keeping the Irish border open, maintaining Europol and EU-wide defence operations means that in a large number of areas, a very close regulatory and political relationship is in everyone's interests. But everyone knows that in order for the Conservative government to actually sign the thing, there is going to have to be some divergence somewhere.

The bigger problem is what happens here at home when it turns out that the third basket - that is to say, full regulatory autonomy - is confined to fishing and the "industries of the future". The European Research Group may have a few more letters left to send yet.

Stephen Bush is special correspondent at the New Statesman and the PSA's Journalist of the Year. His daily briefing, Morning Call, provides a quick and essential guide to domestic and global politics.