What Encrypted Messaging Means for Government Transparency
As a devastating wildfire burned through a Maui town, killing over 100 people, emergency management employees traded dozens of text messages that would later help investigators piece together the government's response to the 2023 tragedy. One text exchange hinted at officials possibly using a second, untraceable messaging service, sparking questions about how governments can use encrypted apps for added security while staying transparent.
The Rise of End-to-End Encrypted Messaging Apps
One such app, Signal, is widely used by government officials and employees. But what are the implications of these apps on government transparency? While they promise increased security and privacy, they often skirt open records laws meant to increase transparency around and public awareness of government decision-making.
A Growing Challenge: Balancing Security and Transparency
The Associated Press reviewed accounts on encrypted platforms registered to cellphone numbers for over 1,100 government workers and elected officials across all 50 states. The list is likely incomplete, as users can make their accounts unsearchable. Improper use of these apps has been reported in the past decade, often due to leaked messages.
The Problem with Encryption Apps
Apps like Signal, WhatsApp, Confide, and Telegram use encryption to scramble messages so only the intended end-user can read them. They are typically not stored on government servers and some automatically delete messages or prevent users from screenshotting or sharing them. This raises concerns about how governments can distinguish between personal and professional uses of these apps.
Government Use of Encryption Apps: Acceptable Practices?
The U.S. Cybersecurity and Infrastructure Security Agency (CISA) recommends that "highly valued targets" - senior officials who handle sensitive information - use encryption apps for confidential communications. However, CISA leaders emphasize that encrypted communications should not be used to skirt public information laws.
A Call for Stronger Public Record Laws
Journalists, including those at the Associated Press, often use encrypted messages when talking to sources or whistleblowers. However, public record laws are not evolving as quickly as technology. David Cuillier, director of the Brechner Freedom of Information Project at the University of Florida, says that governments should create independent enforcement agencies, add punishments for violations, and foster a transparent culture that supports technology.
Cuillier notes that there has been a decrease in government transparency over the past few decades. To reverse this trend, governments need to find a balance between security and transparency. "We used to be a beacon of light when it came to transparency," Cuillier said. "Now, we're not. We have lost our way."
The use of encrypted messaging apps by government officials raises questions about how governments can stay transparent while using these tools for added security. While some argue that people have a right to use encrypted apps for their personal communications, the challenge lies in distinguishing between personal and professional uses.
The best remedy is stronger public record laws, which would ensure that government agencies are able to report and archive encrypted communications like any other public record. Governments must find a way to balance security and transparency, and create a culture that supports technology while maintaining open records.