The government claims text scanning under the online safety bill would only happen if deemed “technically feasible” following threats by apps to exit the country
Ministers are trying to prevent messaging apps like WhatsApp and Signal from leaving the UK by assuring tech companies that they won’t be compelled to indiscriminately scan encrypted texts for illegal content. WhatsApp and Signal have considered exiting due to a provision in the online safety bill allowing Ofcom to mandate the use of “accredited technology” to detect and remove child sexual abuse material. Critics argue that this provision poses a threat to end-to-end encryption, ensuring only the sender and recipient can access a message.
The Minister for Arts and Heritage, Stephen Parkinson, stated that Ofcom could only intervene in scanning content if it was “technically feasible” and met minimum standards for privacy and accuracy.
Lord Parkinson outlined a set of assessments that the watchdog must conduct before instructing tech firms. He clarified that a notice could only be issued if technically feasible and if the technology met accredited standards for accuracy in detecting child sexual abuse and exploitation content. Regarding the controversial clause, he emphasized that if suitable technology meeting these requirements didn’t exist, Ofcom wouldn’t be able to enforce its use under clause 122.
Meredith Whittaker, Signal’s president, hailed the statement as a “victory” and crucial clarity. On X, the platform formerly known as Twitter, she expressed hope that it would pave the way for amendments to the bill’s text in its final stages. Despite this, the government has not modified the bill’s wording, maintaining Ofcom’s authority to issue an accredited technology notice. A government spokesperson affirmed that their stance on this issue remains unchanged.
Will Cathcart, the CEO of WhatsApp, a subsidiary of Meta owned by Mark Zuckerberg, asserted on Wednesday that scrutinizing messages would compromise privacy, emphasizing the app’s continued vigilance against any attempts to undermine encryption.
Martin Albrecht, a cybersecurity professor at King’s College London and a critic of the contentious clause, expressed skepticism about the feasibility of message-scanning technology in accurately identifying abusive content or safeguarding privacy.
“I am relieved to see the government accepting the scientific consensus that the technology does not exist to scan encrypted messages without violating users’ privacy. However, it is not clear what test the government plans to apply to decide on whether the technology is feasible in the future,” he said.
The NSPCC, the children’s protection charity, said the statement did not change the bill.
Richard Collard, the head of child safety online policy at the NSPCC, said: “This statement reinforces how the online safety bill sets out a balanced settlement that should encourage companies to mitigate the risks of child sexual abuse when designing and rolling out features like end-to-end encryption. It does not change the requirements in the legislation.