Investigators are calling for “lawful access to data” in the ongoing Crypto Wars, and British civil rights organization Statewatch has published a surprising wish list in response. The police are requesting access to content, connection, and location data, along with associated network information, in real time for almost all modern means of communication and networked devices. This includes unencrypted access to popular messaging apps like WhatsApp, social media platforms, gaming portals, email, routers, vehicles, intelligent sensors, navigation systems, and future communication technologies. The document, titled “Law Enforcement – Operational Requirements for Lawful Access to Communications,” was prepared by Swedish police authorities in June 2022 with input from law enforcement officials in EU member states, North America, and Australia. The confidential document has been used as a blueprint to argue against the “going dark” scenario, where increasing encryption could hinder investigations. The new Spanish Council Presidency has recently taken up the issue as well. Representatives from the USA and the EU have called for integrating access to unencrypted communication data directly into programs as a counter to the “privacy by design” principle. The leaked document under Swedish authority seeks to achieve this, following a similar process that integrated prosecutor requirements into international technical standards for telecommunications 30 years ago. The police aim to extend their access from fixed and mobile networks to a broader range of digital devices and services. The plan acknowledges the importance of encryption for data protection and confidentiality of communications, but argues that the legitimate interests of criminal prosecutors in public security should take precedence. Service providers are expected to balance communication security with the need for unencrypted access. The document proposes the delivery of “global identifiers” for all communication parties, as well as routing addresses and location information for mobile networks. It emphasizes the importance of knowing the accuracy and method used in calculating location data.
