The Online Safety Bill would undermine encryption, posing a grave threat to privacy, security and the wider UK economy, says think-tank

• End-to-end encryption (hereafter encryption) is foundational to the proper functioning of our online experience;

• In its current form, the Online Safety Bill would undermine encryption by empowering Ofcom to demand service providers use ‘accredited technology’ to give them access to encrypted content in certain circumstances, under threat of large fines;

• This would pose a grave threat to privacy, security and the wider UK economy. 

A new report by the Adam Smith Institute (ASI), Shut the Backdoor: Protecting Encryption from the Online Safety Bill, outlines the ways in which the Online Safety Bill undermines end-to-end encryption. The Bill will empower Ofcom to demand service providers use ‘accredited technology’ to give them access to encrypted content in certain circumstances.

One such technology under consideration is Client Side Scanning (CSS), which works in a similar way to anti-virus software and runs in the background, often completely unbeknownst to the user. Its implementation will be entirely at the discretion of the Secretary of State, meaning that the only barrier between scanning illegal content and scanning for ‘legal but harmful content’ is a political one. 

As report author, John Macdonald, explains, this poses a grave threat to privacy and security. There is no sense in which encryption could be maintained while another party not included in message exchanges has access to the contents, whilst creating a ‘backdoor’ for law enforcement would effectively be creating a blackmailer’s charter, allowing criminals and hostile foreign actors to exploit security flaws. These threats would seriously undermine civil liberties in the UK and provide tacit justification for oppressive regimes, such as Russia and China, to violate civil rights. 

Furthermore, such measures would hinder the growth and competitiveness of the UK’s vital technology sector, potentially resulting in large companies withdrawing from the UK market entirely. 

The paper recommends that the Government should re-draft the Online Safety Bill to ensure encryption is properly protected through removing the most damaging elements. 

John Macdonald , report author and Director of Strategy at the Adam Smith Institute, said:

“Make no mistake, the Online Safety Bill in its current form is an unprecedented threat to civil liberties and the proper functioning of the internet. This would be another Snooper’s Charter, which would not only undermine encryption and facilitate the bulk collection of personal information, it would also compromise national security and make the UK hostile towards tech innovation. 

It needs reconsideration with the utmost urgency”

-ENDS- 

Notes to editors:  

For further comments or to arrange an interview, contact Emily Fielder, emily@adamsmith.org | 0758 477 8207.

John Macdonald is Director of Strategy at the Adam Smith Institute.

The Adam Smith Institute will be hosting an event at Conservative Party Conference entitled Shutting the Backdoor: Redrafting the Online Safety Bill, which will explore the threats the Bill poses to free speech and encryption. Details of the event can be found here. 

The report is live on the Adam Smith Institute website and is available here. 

The Adam Smith Institute is a free market, neoliberal think tank based in London. It advocates classically liberal public policies to create a richer, freer world.