It is as though the Big Bad Wolf, after years of unsuccessfully trying to blow the brick house down, has instead introduced a legal framework that allows him to hold the three little pigs criminally responsible for being delicious and destroy the house anyway. When he is asked about this behavior, the Big Bad Wolf can credibly claim that nothing in the bill mentions “huffing” or “puffing” or “the application of forceful breath to a brick-based domicile” at all, but the end goal is still pretty clear to any outside observer.

For a political body that devotes a lot of attention to national security, the implicit threat of revoking Section 230 protection from organizations that implement end-to-end encryption is both troubling and confusing. Signal is recommended by the United States military. It is routinely used by senators and their staff. American allies in the EU Commission are Signal users too. End-to-end encryption is fundamental to the safety, security, and privacy of conversations worldwide.

At a time when more people than ever are benefiting from these protections, the EARN IT bill proposed by the Senate Judiciary Committee threatens to put them at risk.

EFF describes this as “a major threat,” warning that “the privacy and security of all users will suffer if U.S. law enforcement achieves its dream of breaking encryption.”

Despite its opposition, EARN-IT is the clearest threat yet to end-to-end encryption, given this clever twist in pushing the onus onto the platforms to avoid transmitting illegal content, rather than mandating a lawful interception approach.

Putting that risk more simply, the EARN-IT bill is cleverly leaving it to the tech platforms to keep themselves safe—there would be little option other than some form of access to encrypted content, even though it would not be specified in law. Sophos describes this as “the backdoor virus that law enforcement agencies have been trying to inflict on encryption for years.”

On the encryption front, HRW echoes others that have argued vehemently against the proposals—that weakened encryption will “endanger all people who rely on encryption for safety and security—once one government enjoys special access, so too will rights-abusing governments and criminal hackers.” Universal access to encryption “enables everyone, from children attending school online to journalists and whistleblowers, to exercise their rights without fear of retribution.”

the encryption debate continues to rage in the U.S., with proposed new legislation representing the clearest threat yet to the security underpinning WhatsApp and iMessage, as well as Signal, Telegram and Wickr