The Irish government’s proposed Communications (Interception and Lawful Access) Bill would significantly expand the state’s ability to monitor digital communications, thereby striking at the very foundation of end-to-end encryption.
This form of encryption, used by services like WhatsApp, iMessage, and Signal, ensures that only the sender and the recipient can access the content of a message. Under the new bill, Gardaí, the Defence Forces, and the Garda Ombudsman would be allowed to intercept private messages in real time. Achieving this would require altering or bypassing encryption entirely.
Such a measure would introduce a permanent vulnerability into digital infrastructure. Once a system is designed to allow access for one party, others can and will exploit it.
Backdoors do not stay private. They create a single point of failure that can be used by cybercriminals, hostile foreign governments, or commercial spyware operations.
The government claims that oversight and warrant requirements will ensure the powers are used responsibly. However, no legal safeguard can address the underlying technical risk created by breaking encryption.
The presence of a backdoor makes every message on a platform more exposed, whether or not it is the target of surveillance. Encryption cannot be selectively weakened. Any interference compromises the security of the system for all users.
Major technology companies have already taken strong positions against laws that would force them to degrade encryption.
Apple recently removed some of its data protection features from the UK rather than comply with legislation that would have weakened user privacy.
WhatsApp has said it would leave any country that demands access to private messages. Signal has consistently refused to implement any measures that would compromise the privacy of its users.
The introduction of this bill could pressure these companies to alter their encryption standards or withdraw from the Irish market entirely.
The loss of secure communication platforms would have far-reaching consequences for the public, including journalists, activists, healthcare workers, and anyone relying on private communication to protect sensitive information.
Removing access to strong encryption would make users more vulnerable to hacking, data theft, and surveillance by malicious actors.
The pro-surveillance line of argument ignores the broader role encryption plays in everyday life. Secure messaging is not simply a tool for criminals. It is used by millions of people to protect their families, their businesses, and their safety. Undermining encryption would create new threats for all users, not just those under investigation.
The bill would also extend interception powers to include satellite networks, gaming platforms, connected vehicles, and other digital systems.
This would give state agencies the ability to monitor an increasingly wide range of communication channels. Once these capabilities are built, they can be repurposed or expanded without public debate. The technology would exist, and with it, the potential for widespread abuse.
The passage of this legislation would mark a significant shift in how privacy is treated under Irish law. It would make secure communication systems incompatible with compliance. Any platform that is forced to allow state access would no longer offer real encryption. The bill would not only undermine personal privacy but would also introduce a structural weakness into the digital systems used across Ireland and beyond.
