EPIC, Coalition Urge EU Council to Reconsider Proposals That Would Undermine Encryption  

EPIC, along with 54 other civil society organizations, industry, and professional associations, wrote a letter to the European Union’s Justice and Home Affairs Council, warning them of the dangers of undermining encryption for further law enforcement access to data.  

The High-Level Group on Access to Data for Effective Law Enforcement, also known as HLG Going Dark, presented its final report and recommendations for an agenda of maximal access to personal data. This group consisted of high-level representatives from member states, the EU Commission, relevant EU bodies and agencies, and the EU Counterterrorism Coordinator. Their suggestions include new data retention rules across the EU and would mainstream law enforcement “backdoor” access in technologies and undermine encryption. Similar privileged access was recently exploited by the Salt Typhoon hacking campaign, resulting in the FBI urging all Americans to use encrypted messaging. 

The European Data Protection Board (EDPB) has already provided feedback to HLG Going Dark, stating its concern that weakening encryption could run afoul of fundamental human rights and undermine cybersecurity, observing that the HLG’s proposals do not reflect technological reality, and highlighting a lack of transparency, accountability, and representation beyond law enforcement interests within the HLG. The coalition emphasizes and expands on the dangers of the HLG’s magical thinking and proposes a better policy alternative in its open letter published on December 11, 2024. 

EPIC is a longtime supporter of end-to-end encrypted messaging and has written friend of the court briefs in support of strong encryption, testified on the need to defend encryption, drafted letters to lawmakers concerning legal proposals that could limit access to encryption, and joined a Joint Statement on the EU’s controversial “chat control” proposal, which could put all encrypted messaging services at risk.