The European Court of Human Rights has issued a crucial judgment, warning against the creation of backdoors in end-to-end encrypted messaging services like Telegram and Signal. Such measures, the court argues, would not only compromise freedom of expression but also expose innocent users to various threats, including hackers, identity thieves, and unwarranted state surveillance.
The court’s ruling stems from a case involving Telegram user Anton Podchasov, who challenged his government’s demand in 2018 to decrypt messages sent via Telegram’s encrypted “secret chat” feature. Podchasov’s stance against the decryption request was rooted in concerns over potential violations of privacy and freedom of expression.
In its judgment, the European Court of Human Rights emphasized that while criminals might exploit end-to-end encryption to evade law enforcement, implementing encryption backdoors would jeopardize the rights of law-abiding citizens. Such measures would enable indiscriminate surveillance and undermine fundamental rights enshrined in the European Convention on Human Rights.
The court stressed that there are alternative methods for monitoring encrypted communications that do not necessitate the introduction of encryption backdoors. Accessing communication devices, for instance, could provide authorities with the necessary means to conduct targeted surveillance without compromising encryption standards.
Podchasov’s legal battle against his government’s decryption mandate involved multiple appeals and ultimately reached the European Court of Human Rights. The court’s latest ruling found the government’s actions in violation of Article 8 of the European Convention on Human Rights, which guarantees the right to privacy and correspondence.
The court sided with Podchasov, asserting that the requirement to decrypt end-to-end encrypted communications is incompatible with democratic principles. It concluded that the laws permitting such access without adequate safeguards represent an unacceptable infringement on individuals’ rights.
By affirming the importance of protecting encryption and privacy rights, the European Court of Human Rights underscores the role of technical solutions like encryption in safeguarding freedom of expression and other fundamental rights in the digital age.
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