Facebook removes clarification of default encryption of messages

Facebook removed a clarification from its Law Enforcement Guidelines specifying the roll-out of default end-to-end encryption (E2EE) on Messenger. It also removed the explanation that it will be unable to provide “unencrypted message content as part of any response to any legal process that it receives” if a chat is protected by E2EE. The default E2EE feature was implemented in December 2023. This change raises uncertainty about the scope of encryption and what data Facebook will disclose to law enforcement agencies when approached. 

The change is reflective of the increasing regulatory pressure around providing law enforcement with access to communication data. An example of this is the “Chat Control” controversy, where a proposed European Union regulation would allow authorities to scan private messages to detect child abuse content. It has raised concerns around undermining the encryption on messaging services, thus leading to mass surveillance and severe breach of privacy.