The UK is preparing for a showdown with โbespokeโ phones โ at least if the countryโs Home Office has its way.
The intent behind the idea is to criminalize both the sale and possession of encrypted phones that are used for criminal purposes. But observers are not yet able to understand what would even qualify as a โbespokeโ phone.
โOverbroad and poorly definedโ โ thatโs how civil rights advocates are already branding this proposal and no surprise there. At this point, itโs almost an unofficial requirement that potentially freedom-limiting rules would be worded in this manner.
And unless it gets better and more narrowly defined, the (un)intended consequence of some future legislation stemming from the proposal could be the outlawing of โbespoke encrypted phonesโ spilling over into the legal domain of encrypted, i.e., secure communication.
Once again, the proposed measures are justified as necessary to help law enforcement fight against serious and organized crime, but those wary of similar efforts of governments around the world fear it could be an attempt at yet another battle in the broad and sustained โwar on encryption.โ
Home Secretary Suella Braverman has stated in the invitation to the consultation open to the public, which will last until March 21, that there are two proposals for possible future laws and that the goal is to help law enforcement improve their response to crime.
The first proposal deals with several issues, โsophisticated encrypted communication devices used to facilitate organized crimeโ being one of them, along with vehicle concealment used to conceal and transport illicit goods, digital templates that can be used for 3D-printed firearm components; and pill presses used in the supply of illegal drugs.
The first category, concerning โsophisticated encrypted communication devices,โ is designed in the proposal to target the modified and bespoke devices that enable access to various platforms.
And those who supply, modify, and possess โthese bespoke devices,โ will be targeted, the proposal further reads, promising that the provisions โwill not apply to commercially available mobile phones nor the encrypted messaging apps available on them.โ
That sounds reassuring, but Privacy Internationalโs senior legal officer and assistant general counsel, Ioannis Kouvakas, was cautious in his comments shared with Motherboard.
Noting that this last provision is in the proposal โat the moment,โ Kouvakas added that, โit is difficult to see how it (the proposal) will not result in targeting devices used on a daily by human rights defenders, protesters and pretty much all of us who want to keep our data secure.โ