Five Eyes countries call on companies to make encrypted data accessible
The Five Eyes countries, the US, UK, Australia, Canada and New Zealand, have called on companies to voluntarily provide access to encrypted data. They are free to choose the way they grant that access.
In a statement of principles, the countries make clear their shared vision on access to evidence and on encryption, which was established during a meeting in Australia. In it they state that ‘encryption is vital for the digital economy, a secure cyberspace and the protection of personal, commercial and government information’. On the other hand, “the increasing use and sophistication of certain encryption designs pose challenges for countries in combating serious crimes and threats to national and global security.”
They also state that encryption can also be used by criminals and terrorists, and that the right to privacy is not absolute. This would mean that governments should be able to access data in certain cases, such as during a search or similar warrant. In the communication, the countries say that they will examine how they want to deal with a number of principles, and that they will also look at voluntary cooperation with companies.
The first principle is ‘shared responsibility’, which means that companies also bear part of the responsibility when it comes to accessing data. The second principle is that any access to data must be lawful and there must be safeguards in place, for example through independent monitoring.
The third principle assumes that companies can establish their own access methods: “The governments of the Five Eyes encourage information and communication technology providers to voluntarily develop legal access solutions for their products and services that they create or operate in our countries. Governments should not favor a particular technology; instead, suppliers can create custom solutions tailored to their individual system architectures and able to meet regulatory access requirements.”
The Five Eyes countries, which work together on intelligence, also published a position on “the unlawful use of online spaces.” In it, they call on internet companies to take measures against crime and terrorism, for example by developing systems that ensure that illegal material can never be uploaded and to combat live streams of child abuse.