Although the UK government has said that it now won’t force unproven technology on tech companies, and that it essentially won’t use the powers under the bill, the controversial clauses remain within the legislation, which is still likely to pass into law. “It’s not gone away, but it’s a step in the right direction,” Woodward says.
James Baker, campaign manager for the Open Rights Group, a nonprofit that has campaigned against the law’s passage, says that the continued existence of the powers within the law means encryption-breaking surveillance could still be introduced in the future. “It would be better if these powers were completely removed from the bill,” he adds.
But some are less positive about the apparent volte-face. “Nothing has changed,” says Matthew Hodgson, CEO of UK-based Element, which supplies end-to-end encrypted messaging to militaries and governments. “It’s only what’s actually written in the bill that matters. Scanning is fundamentally incompatible with end-to-end encrypted messaging apps. Scanning bypasses the encryption in order to scan, exposing your messages to attackers. So all ‘until it’s technically feasible’ means is opening the door to scanning in future rather than scanning today. It’s not a change, it’s kicking the can down the road.”