FBI vs. Facebook Messenger: What’s at stake?

In the wake of news that a federal court in CA rejected Department of Justice demands that Facebook break, bypass, or remove the encryption in its Messenger app, it’s worth noting how little we still know about such an important dispute. Depending on what specific relief the government sought from the court, the case may signal a potentially significant threat to the security of Internet-based communications. In a hyperconnected world, the implications of the government’s demand for expanded surveillance capabilities go far beyond any legitimate law enforcement equities in any single case. Yet almost nothing is known about the details of the Facebook case because the records remain under seal. Absent more information, the public has no clear way of assessing the impacts for security that are at stake.

This critical debate has not progressed much over the last two years. The government should contribute to the discussion by transparently reporting how often it makes wiretap assistance demands of the type that were reportedly put to Facebook. Any attempt to short circuit this process through a secretive end run to the courts in the name of security concerns should be squarely rejected.

[Greg Nojeim is director of the Freedom, Security, & Technology Project at the Center for Democracy & Technology. Eric Wenger is the director of Cybersecurity and Privacy Policy at Cisco Systems. Marc Zwillinger is the founder of ZwillGen PLLC.]