Senator Lindsey Graham is drafting a bill [PDF] that could penalize companies using end-to-end encryption.
Although the measure doesn’t directly mention encryption, it would require that companies work with law enforcement to identify, remove, report and preserve evidence related to child exploitation — which critics said would be impossible to do for services such as WhatsApp that are encrypted from end-to-end.
If technology companies don’t certify that they are following the best practices set by the 15-member commission, they would lose the legal immunity they currently enjoy under Section 230 relating to child exploitation and abuse laws. That would open the door to lawsuits for “reckless” violations of those laws, a lower standard than contained in current statutes.
Of all the dumb things this administration has done, attacking encryption is a doozy. It’s not clear how much this would impact Apple, since the company does in fact scan for child abuse images. But iMessage and a few other services are end-to-end encrypted.