From a consumer and business standpoint, encryption is a boom, but it’s also providing a major stumbling block for law enforcement and enterprise investigation teams. How then can investigators lawfully gather evidence from encrypted messaging apps while protecting privacy?
Data Privacy
Technological development has always outpaced privacy concerns, but never more so than in the past decade. Collection and centralization of personally identifiable information (PII), tracking of movements and digital surveillance are all at unprecedented levels. Regulations and laws are only just beginning to catch up to the ability of both governments and private entities to deploy these capabilities.
What exactly is there to worry about? The mass collection and centralization of data by giant multinationals such as Facebook and Google is as good of a place to start as any. Two decades of vacuuming up the personal data of users of various online services has created the most impressive marketing capabilities in history, but these profiles have astounding potential for damage when they are used the wrong way or fall into the wrong hands.
Unauthorized information that is captured in data breaches tends to find its way to massive “combo lists” that are sold and traded on the dark web. Social security numbers are added from this breach, home addresses and phone numbers from that one, personal health information from yet another. Soon, a frighteningly complete profile of millions of individuals is available to anyone willing to pay the asking price.
These are just the established data privacy issues. The emerging ones are even worse. High-quality facial recognition technology is just beginning to roll out across the public places of some countries. Artificial intelligence is not only making mass facial recognition possible, but magnifies the power and reach of any application that involves capturing and sorting information: scanning pictures, analyzing speech, sifting through text and location data. This threatens to not only shatter anonymity and privacy, but allow for highly advanced impersonation and take the concept of “identity theft” to new levels.
Some businesses chafe at the trouble and added expense of new and emerging data privacy regulations, but they are vital to both protecting rights and privacy and instilling confidence in end users. Customers want to be able to submit their payment information without worry about data breaches and identity theft, use services without wondering what is being done with their personal information and use devices without fear of surveillance or having location data tracked. The need for meaningful safeguards only grows greater as technological capabilities increase.
A court battle is brewing as a collection of states challenges the Census Bureau's use of "differential privacy," a new method for anonymizing and securing census data.
Faced with unrelenting policy, Apple has reportedly turned over servers containing iCloud data to the charge of the Chinese government.
As with Apple's new program, the proposed privacy labels are meant to give end users a quick reference to the range of data that Android apps are asking for.
Ad spend is barely impacted by the new Apple IDFA restrictions at worst, and even slightly up according to at least one ad company, but iOS 14.5 adoption has been unusually low.
New studies find that over 40% of consumers now prefer to use the guest checkout option when shopping, and an almost identical share now also use some sort of ad blocking software.
A budding bipartisan movement toward establishing a federal data privacy bill began to take shape about two years ago appears to be moving forward, as legislation that was shelved in 2019 has been taken up again.
Though Silicon Valley would prefer data federal privacy laws that are favorable to them to a patchwork of state laws, Big Tech appears to be putting more effort into lobbying at the state level as of late.
Recent rules passed in India that threaten end-to-end encryption are being challenged in court by WhatsApp. New "traceability" rules require social media platforms with at least five million users to be able to identify the originator of a message.
A permissioned blockchain like Hyperledger Fabric network provides more control over data to participants than public blockchain and data subjects have more command over their personal data.










