The UK’s Online Safety Bill has passed through Parliament and is set to become law. However, there are several challenges when it comes to enforcing this legislation. One key issue is the impact on end-to-end encryption, which is used by messaging services like WhatsApp to secure messages between users. The new law grants regulator Ofcom the power to intercept and check encrypted data for illegal or harmful content. To do this, service providers would need to create a backdoor in their software, potentially compromising security and opening the door to hackers. As a result, users might migrate to other, less secure messaging platforms.
Another approach suggested is installing software on devices to allow Ofcom to view unencrypted messages before or after they are sent. However, implementing this approach is not simple, and privacy advocates argue against it. They believe encryption is essential for keeping private messages safe and enabling secure communication for whistleblowers, journalists, and others. The challenge of balancing content scanning with privacy was evident in Apple’s attempt to develop a tool to detect child sexual abuse images on users’ phones, which was eventually abandoned due to technical flaws.
The UK government acknowledges that the legislation’s demands have no existing technical solution. Therefore, enforcement of these aspects of the law will be deferred until suitable tools are developed. However, the government continues to push against big tech platforms that plan to implement end-to-end encryption, like Facebook.
Apart from encryption, the Online Safety Bill also introduces mandatory age checks for pornography websites and requires websites to have policies that protect against harmful or illegal content. However, the definition of what constitutes illegal content and which websites fall under the bill’s scope remains unclear. This lack of clarity creates uncertainty for companies that allow user-generated content, transmit encrypted data, or host content the government deems potentially harmful to children.
Addressing enforcement, Ofcom has yet to publish guidelines and is currently seeking public input through consultations. However, legal experts believe that the regulator still has a significant amount of work to do. The broad scope of the law could affect not only big tech giants but also smaller organizations, potentially leading to substantial legal costs as they navigate their compliance obligations.
Overall, while the UK’s Online Safety Bill has passed into law, there are lingering questions about its enforceability and the feasibility of certain provisions. The challenges surrounding end-to-end encryption, content scanning, and the broader scope of the legislation warrant further attention and consideration.
