BIG TECH'S DILEMMA WITH END-TO-END ENCRYPTION 1

Jae oh Park

Professor Martin

ENGLI 1102 NET25

Big tech's dilemma with end-to-end encryption

In today's digital landscape, safeguarding personal information and ensuring user privacy

has become a critical concern, especially following notable privacy breaches at prominent tech

companies such as Facebook. Some individuals might have received monetary compensation

from these companies as a form of redress, but the damage to their personal privacy has already

occurred. To regain public trust and protect users, major tech corporations are advocating for

end-to-end security systems that promise unlimited anonymity, freedom, and a secure

environment for personal privacy. However, these encryption technologies also raise questions

about their potential to be exploited for criminal purposes and the need for law enforcement

backdoors. Big tech companies emphasize the importance of end-to-end security, but despite the

complex dilemma of considering the potential impact on privacy, cybersecurity, and public safety,

they must establish law enforcement backdoors in their social networking service (SNS) systems.

First, let's explain the main technical concepts used in this article. Encryption is widely

used and, along with decryption, is the primary technology used to protect users' privacy.

According to National et al., "The encryption algorithm takes plaintext and an encryption key as

input and returns a ciphertext. The decryption algorithm takes as input a ciphertext and a

decryption key and returns the plaintext." (National et al., 15) End-to-end encryption, According

to the article, "Platforms, Encryption, and the Cfaa: The Case of Whatsapp V. Nso Group.", by

Jonathon Penney and Bruce Schneier: “End-to-end encryption is a type of secure

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communications that ensures messages are entirely encrypted while in transit so only the sender

and the recipient have the special cryptographic keys to decrypt and view communications”

(Penney, 471) Only the sender and receiver of the information have the keys to decrypt it.

An encryption backdoor refers to a technique that allows unauthorized access to encrypted data

by using a special decryption key or method. Once data is encrypted, it becomes inaccessible

without the proper decryption process or the presence of a backdoor. The backdoor acts as a

secret entry point, enabling users with the right credentials or authorization to unlock the

encrypted information.

Encryption can also be exploited by individuals engaged in illegal activities to conceal

their wrongdoings. Law enforcement agencies are actively working to address this challenge.

Governments have asked big tech companies for access to encrypted information in order to

track down new crimes, and big tech companies have fought back in court on the grounds that it

invades users' privacy. For example, according to Lear, "Following a shooting in San Bernardino,

California, the FBI obtained the iPhone of San Bernardino shooter Rizwan Farook, but the FBI

was unable to access certain information stored on the device." (4) Unable to obtain information

from the iPhone due to encryption, the FBI asked Apple to create a backdoor to access user

information, which Apple refused to do, citing user privacy, leading to a court case. These

complexities are what paved the way for big tech to abandon decryption. To do this, "end-to-end

encryption protocols are used to prevent third parties as well as the messaging service provider

from having access to the plaintext of messages." (National et al., 24) According to the BBC

News Journal, "Meta's Mark Zuckerberg is on a collision course with the UK government over

continued plans to build super-secure messaging into all his apps despite a potential landmark

law that could effectively outlaw the technology." (Tidy 5 July 2023) Big tech is abandoning
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decryption and trying to avoid responsibility for problems on social media. This is an avoidance

of responsibility for the harm that social networks that support anonymity do to society, and in

order to be held responsible, they need to provide law enforcement with a backdoor into their

social media apps.

Despite the need for backdoors, there are also problems that come with having them. Lear

states, "Not only would this backdoor make information vulnerable to criminals and hackers, it

would also put personal, protected information into the hands of the government, thereby

threatening the rise of Big Brother.” (13) "It would only be a matter of time before the backdoor

found its way into the wrong hands." (24) Surveillance cameras are devices that monitor and

record activities in public spaces, but their use can raise concerns about invasion of privacy and

potential misuse for criminal purposes. Nonetheless, they also serve as valuable tools for

tracking and preventing crimes. The effectiveness of any tool, including backdoor systems,

depends on how they are used, much like the saying "everything is up to you." In the case of

backdoor systems, if public institutions have access to a backdoor that allows them to track and

investigate crimes, it could be highly beneficial in addressing the growing concern of

cybercrimes.

From a technical perspective, end-to-end encryption may also not provide complete

privacy. In Detection and Analysis of Eavesdropping in Anonymous Communication Networks,

Sambuddho Chakravarty, et al. state that it encrypts user traffic within the network, but

potentially leaves the original user traffic exposed. This puts users at risk of having their

sensitive data intercepted and exposed. Chakravarty states that “Even when encrypted using SSL,

users are not safe from man-in-the-middle attacks.” (218) This study suggests that despite the

implementation of end-to-end encryption, there might still be certain vulnerabilities or loopholes

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that could potentially compromise users' anonymity and privacy. It is crucial for users to be

informed about these limitations to make informed decisions about their digital interactions and

the level of privacy they can expect. The study highlights that the assurances of total anonymity

and privacy made by big tech companies regarding their encryption systems might not hold true

in all situations. Users need to be cautious and understand the potential limitations of end-to-end

encryption to ensure they are adequately protecting their personal information and privacy in the

digital world. Furthermore, keyless encryption also carries the risk of being unrecoverable. In

You Have Been Hacked!, Ed Bujold states that the experience of an independent, solo electronic

health record practice that suffered a ransomware attack by a Russian syndicate, which resulted

in significant losses, demonstrates the importance of security management and the importance of

service providers. Ransomware is a type of harmful software that employs encryption to lock a

user's computer data, rendering it inaccessible without a specific decryption key. Without a

backdoor mechanism that allows the service provider to recover the lost decryption key, the data

might become permanently unrecoverable. In an end-to-end encrypted social media app, if a bug

causes the user's decryption key to be lost, the user could lose their important data and memories

forever. If the app provider has no way to recover the key, the data may be gone forever.

In a social perspective, the impact of the dark web on society, which is broader than just

social media, can be seen in Untangling the ‘Dark Web’, Matthew Shillito states that the dark

web enables criminals to operate internationally, using different people, evidence, and funds in

different countries. He states that the technology used on the dark web hides the identity of the

criminal and the type of crime through anonymity. Matthew says current approaches, laws, and

investigative methods are ineffective, and the dark web has made the traditional problems of

fighting crime more complex. Anonymity can cause big problems when it's misused, and this is a
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challenge for society. When people can hide their identity, some may do bad things without

facing consequences. This can include cyberbullying, spreading lies, or committing crimes

without being caught. The challenge is finding a balance between protecting privacy and

freedom of speech while also holding those who misuse anonymity accountable for their actions.

Society needs to develop rules and technology to handle this issue responsibly. Another example

of the harmful effects of anonymity through social media encryption can be found in the study

Social Media Use of Adolescents Who Died by Suicide: Lessons from a Psychological Autopsy

Study, Elias Balt states that social media has both positive and various harmful effects on young

people; girls in particular were more likely to use anonymity to form online identities for suicidal

thoughts and behaviors. Young individuals who haven't fully adjusted to society might make

hasty decisions or behave irresponsibly when given too much freedom without supervision. To

help them and prevent tragic outcomes, organizations working to prevent suicide could benefit

from having access to the social media messages of troubled young people. This would allow

them to identify and support those who may be at risk, offering the necessary assistance and

guidance to prevent potential harm.

Big tech companies have voiced concerns about backdoors creating security risks and

infringing on user privacy. Apple called backdoor “something we consider too dangerous to

create.” (Cook, “A Message to Our Customers”) However, recently, according to “Apple’s

‘Communication Safety’ Feature for Child Users: Implications for Law Enforcement’s Ability to

Compel IMessage Decryption,” by Nicholas Weigel, “Apple announced plans to add several

features to its iPhone operating system (iOS) to help prevent the possession and dissemination of

child sex abuse material (CSAM), an urgent and growing problem.” Apple's choice to

incorporate a backdoor system in the update patch, which permits the investigation of child sex
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abuse material, demonstrates their readiness to address socially sensitive matters and take

responsibility. Apple has decided to include a special backdoor system in their software update

that helps in investigating cases involving child sex abuse material. This decision shows that they

are willing to be accountable and take action on important social issues that require attention and

cooperation to ensure the safety and protection of vulnerable individuals. In Preventing ‘Going

Dark’, Eric Manpearl states that the encryption debate is about whether law enforcement should

have access to encrypted communications. Some believe it's necessary to prevent attacks and

solve crimes, while others worry about violating user privacy. Manpearl analyzes the arguments

on both sides and suggests that Congress should require access but allow the tech industry to find

secure solutions. If we only prioritize individual freedom without any limits, there could be

situations where public safety and order are compromised. In such cases, it becomes essential for

the government and authorities to step in and take necessary actions to protect society.

Big tech companies play an important role in modern society, providing digital platforms

and services that impact many aspects of our daily lives. As these companies offer products with

end-to-end encryption and prioritize individual privacy, concerns have been raised that these

technologies could be exploited for criminal purposes. Law enforcement agencies are struggling

to investigate and prevent crimes due to encryption impeding access to critical evidence. To

strike a balance between protecting individual liberties and ensuring public safety, big tech

companies may consider implementing security backdoors into their systems. These backdoors

provide access to encrypted information to authorized law enforcement agencies when necessary

to combat serious crimes and protect society. However, the implementation of these backdoors

must be carefully designed to ensure that they are secure, legal, and subject to appropriate

oversight. By allowing limited access to encrypted data for legitimate law enforcement purposes,
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large organizations can contribute to maintaining public safety without compromising users'

privacy. Security backdoors can also facilitate the investigation of criminal activity, including

terrorism, human trafficking, and cybercrime, enabling authorities to gather essential evidence to

hold perpetrators accountable. However, building these backdoors is a delicate challenge,

requiring a careful approach to prevent unauthorized access, potential exploitation, and the

creation of vulnerabilities. This requires transparent cooperation between big tech companies and

government agencies, adherence to a strong legal framework, and due process guarantees to

protect individual rights and privacy. Big tech companies can balance individual liberty and

public safety by implementing secure backdoors that allow lawful access to encrypted

information for authorized law enforcement purposes. Responsible collaboration and adherence

to strict legal and technical standards are essential to effectively using these backdoors while

protecting user privacy and maintaining societal security. This strikes a balance between

respecting individual privacy and ensuring public safety.

Work cited:

Balt, Elias, et al. “Social Media Use of Adolescents Who Died by Suicide: Lessons from a

Psychological Autopsy Study.” Child & Adolescent Psychiatry & Mental Health, vol. 17,

no. 1, Apr. 2023, pp. 1–11. EBSCOhost, https://doi.org/10.1186/s13034-023-00597-9.

Bujold, Ed. “You Have Been Hacked!” Annals of Family Medicine, vol. 21, no. 1, Jan. 2023, pp.

85–87. EBSCOhost, https://doi.org/10.1370/afm.2906.

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Chakravarty, Sambuddho, et al. “Detection and Analysis of Eavesdropping in Anonymous

Communication Networks.” International Journal of Information Security, vol. 14, no. 3,

June 2015, pp. 205–20. EBSCOhost, https://doi.org/10.1007/s10207-014-0256-7.

Cook, Tim. “Customer Letter - Apple.” Apple, 16 Feb. 2016, www.apple.com/customer-letter/.

LEAR, SHANNON. “The Fight over Encryption: Reasons Why Congress Must Block the

Government from Compelling Technology Companies to Create Backdoors into Their

Devices.” Cleveland State Law Review, vol. 66, no. 2, Jan. 2018, pp. 443–76.

EBSCOhost,

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Manpearl, Eric. “Preventing ‘Going Dark’: A Sober Analysis and Reasonable Solution to

Preserve Security in the Encryption Debate.” University of Florida Journal of Law &

Public Policy, vol. 28, no. 1, Apr. 2017, pp. 65–99. EBSCOhost,

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Penney, Jonathon W., and Bruce Schneier. “Platforms, Encryption, and the Cfaa: The Case of

Whatsapp V. Nso Group.” Berkeley Technology Law Journal, vol. 36, no. 1, Jan. 2021,

pp. 469–510. EBSCOhost, https://doi.org/10.15779/Z384B2X554.

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Shillito, Matthew Robert. “Untangling the ‘Dark Web’: An Emerging Technological Challenge

for the Criminal Law.” Information & Communications Technology Law, vol. 28, no. 2,

June 2019, pp. 186–207. EBSCOhost, https://doi.org/10.1080/13600834.2019.1623449.

The National Academies Press, 2018. National, Academies of Sciences, Engineering, and

Medicine, et al. "Decrypting the Encryption Debate : a Framework for Decision Makers."

Washington, DC: The National Academies Press. https://doi.org/10.17226/25010.

Tidy, Joe. “E2E Encryption: Should Big Tech Be Able to Read People’s Messages?” BBC News,

5 July 2023, www.bbc.com/news/technology-66099040

Weigel, Nicholas A. “Apple’s ‘Communication Safety’ Feature for Child Users: Implications for

Law Enforcement’s Ability to Compel IMessage Decryption.” Stanford Technology Law

Review, vol. 25, no. 2, Spring 2022, pp. 211–46. EBSCOhost,

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Wilson, Dean, and Adam Sutton. “Watched Over or Over-Watched? Open Street CCTV in

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