Today I publish a detailed rebuttal to the argument from the intelligence community that we need to break end-to-end encryption in order to protect children. This has led in the UK to the Online Safety Bill and in the EU to the proposed Child Sex Abuse Regulation, which has become known in Brussels as “chatcontrol”.
The intelligence community wants to break WhatsApp, as that carries everything from diplomatic and business negotiations to MPs’ wheeling and dealing. Both the UK and EU proposals will take powers to mandate scanning of both text and images in your phone before messages are encrypted and sent, or after they are received and decrypted.
This is justified with arguments around child protection, which require careful study. Most child abuse happens in dysfunctional families, with the abuser typically being the mother’s partner; technology is often abused as a means of extortion and control. Indecent images get shared with outsiders, and user reports of such images are a really important way of alerting the police to new cases. There are also abusers who look for vulnerable minors online, and here too it’s user reporting that does most of the work.
But it costs money to get moderators to respond to user reports of abuse, so the tech firms’ performance here is unimpressive. Facebook seems to be the best of a bad lot, while Twitter is awful – and so hosts a lot more abuse. There’s a strong case for laws to compel service providers to manage user reporting better, and the EU’s Digital Services Act goes some way in this direction. The Online Safety Bill should be amended to do the same, and we produced a policy paper on this last week.
But details matter, as it’s important to understand the many inappropriate laws, dysfunctional institutions and perverse incentives that get in the way of rational policies around the online aspects of crimes of sexual violence against minors. (The same holds for violent online political extremism, which is also used as an excuse for more censorship and surveillance.) We do indeed need to spend more money on reducing violent crime, but it should be spent locally on hiring more police officers and social workers to deal with family violence directly. We also need welfare reform to reduce the number of families living in poverty.
As for surveillance, it has not helped in the past and there is no real prospect that the measures now proposed would help in the future. I go through the relevant evidence in my paper and conclude that “chatcontrol” will not improve child protection, but damage it instead. It will also undermine human rights at a time when we need to face down authoritarians not just technologically and militarily, but morally as well. What’s the point of this struggle, if not to defend democracy, the rule of law, and human rights?
Edited to add: here is a video of a talk I gave on the paper at Digitalize.
