It continues " There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law" [to ensure everyone's safety].
E2e encryption that is "safe from courts" isn't protected.
Not sure I follow. The struggle politicians are in isn't to eavesdrop on everyone. The fact that this is possible is an unwelcome side effect. The struggle is to not lose the same ability (targeted eavesdropping after court orders) when people switch to e2e from phone calls.
If cell phones had e2e encryptoions so the normal court-order landline eavesdropping disappeared from law enforcements' toolboxes - there is zero chance they would ever have been allowed in the hands of the public.
> The struggle is to not lose the same ability (targeted eavesdropping after court orders) when people switch to e2e from phone calls.
But they haven't. They can physically install a listening device at the location in the warrant and thereby record any conversations you make from there. That gives them the same capability they historically had with landlines.
Which they can do, too. Just break into an Android phone (easy enough to do remotely). Bug home, bug the car, bug shoes, now you have phone calls from an iPhone. (You can pick up electrical interference from phone calls on an iPhone, due to the hearing aid induction loop.)
For every phone, you can just slip an antenna under the case (or in the phone's body) and pick up the LCD switching interference – faint though it may be – and figure out what's on the screen from there. Or, you know, CCTV.
Encryption-for-the-masses merely protects from mass surveillance; anyone protecting themselves from targeted surveillance isn't going to suffer from an encryption ban.
I don't see any good middle ground between "authorities can never eavesdrop on inviduals' comms even with a warrant" and "authorities can do mass surveillance". It's a very difficult dilemma. I (as you do) prefer the former if I have to choose.
I understand why it's not a very wasy pill to swallow though. Hopefully techniques for targeted eavesdropping (like those you mention) will improve as e2e gets more widespread. The easy of eavesdropping on mobile comms has probably been too comfortable for too long.
The status quo today is that various encrypted messaging apps exist without any apparent backdoors. This has been the case for several years already. The status quo from not long before that was that mobile phones and text messages didn't exist at all.
Yes. Perhaps the endgame here is that when "old school" voice/text shrinks, so does that avenue for eavesdropping, and once it's almost zero, then allowing any e2e doesn't mean a loss of ability anyway.
Also, so long as metadata is available from cell towers, you can still use the most useful piece of data: that someone's phone was at a crime scene, even if the communication itself was encrypted. That will always be the case (unfortunately also in authoritarian regimes).
The long story is that encrypted files alone are no use to anyone, so the courts have no more right to it than anyone else. The decrypted text is a different matter. It's supposed to be protected. So you are saying, eventually, if I may interpret it that way, that speech which is protected from the authorities including the courts is not in fact protected from the courts.
Oh, ok, that's not even illogic, just paradox.
Problematicly, if you consider the abstract danger of a key cypher pair a threat, the same goes for the legislatator court partnership. The courts aren't a threat as long as there's no legislation that opens them up to it. So, clearly, the legislation is key to the infringement. This means that legislation has to act in accordance with legislation, which is as difficult to understand for regular joe as function pointer semantics in C++. So it appears to say, simply, that legislation has to act...
That's you and me. Actually though, the law is accordingly a huge tower of abstraction. The moment you try to dereference "the law" it blows up into your face, a group of skilled experts has to drop into debugging mode and, eventually, has to decide if they want to have their access limited even in debugging mode. Well, the system was designed for the hypervisor kernel to access all areas, this seems to be a problem of the virtual OS handling the capabilities for userspace incorrectly.
E2e encryption that is "safe from courts" isn't protected.