The so-called encryption wars have spread to a new front with news over the weekend that the Department of Justice (DOJ) has a new target: the Facebook-owned messaging app WhatsApp.

According to an exclusive story from The New York Times, DOJ prosecutors have been “discussing how to proceed in a continuing criminal investigation in which a federal judge had approved a wiretap, but investigators were stymied by WhatsApp’s encryption.”

The case does not involve terrorism, but is currently sealed.

According to the report, no decision has yet been made on how to proceed, as government officials are privately debating the best way to go forward; some investigators are said to view the WhatsApp issue as even more significant than the one over locked phones as it goes to the heart of the future of wiretapping, with an analogy given that while the Apple iPhone case is more like the Government demanding a key to your front door, this case is more like whether the Government can listen to your phone calls.

Those who want to act now believe the DOJ should ask a judge to force WhatsApp to get the information, while those against escalating the issue say that mooted Government legislation will eventually force the issue anyway.

Backdoor

The problem with the demands of the Department of Justice is that WhatsApp data is currently encrypted in a way that means WhatsApp itself cannot provide any data request on its users because they simply are unable to access the data, as well demonstrated when a judge in Brazil demanded similar data from the app two weeks ago, a case resulting in a Facebook Executive being arrested.

Similar to the iPhone case, where the DOJ is demanding access to encrypted data, any demand of WhatsApp to provide access to encrypted data can come by one method, and that’s with a backdoor into the service that will ultimately compromise the encrypted data itself, and allow not only law enforcement but nefarious criminals and others access to it as well.

Breaching user privacy is a slippery slope no matter how much Government likes to bleat on about it; once you open the door it is nearly impossible to close.

Details are scant on this case, but it’s only a matter of time until more details emerge.

For further coverage, the Electronic Frontiers Foundation (EFF) has a decent write-up on what laws may be applicable in this case.

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