Despite widespread complaints about its effects on human rights, the Brazilian Senate has fast-tracked the approval of “PLS 2630/2020”, the so-called “Fake News” bill. The bill lacked the necessarily broad and intense social participation that characterized the development of the 2014 Brazilian Civil Rights Framework for the Internet and is now in the Chamber of Deputies. The Chamber has been holding a series of public hearings that should be considered before releasing a new draft text.
The traceability debate has mostly focused on malicious coordinated action on WhatsApp, which is the most popular encrypted messaging tool in Brazil. There has been minimal discussion of the impact on other tools and services such as Telegram, Signal, or iMessage. WhatsApp uses a specific privacy-by-design implementation that protects users by making forwarding indistinguishable for the private messaging app from other kinds of communications. So when a WhatsApp user forwards a message using the arrow, it serves to mark the forward information at the client-side (and count if it's more than 5 times or not), but the fact that the message has been forwarded is not visible to the WhatsApp server. In such a scenario, the traceability mandate would take this information, which was previously invisible to the server, and make it visible, affecting the privacy-by-design secure implementation and undermine users' expectations of privacy and security.
While we do not know how a service provider will implement any traceability mandate nor at what cost to security and privacy, ultimately, any implementation will break users’ expectations of privacy and security, and would be hard to implement to match current security and privacy standards. Such changes move companies away from privacy-focused engineering and data minimization principles that should characterize secure private messaging apps.
Full article on https://www.eff.org/deeplinks/2020/08/faq-why-brazils-plan-mandate-traceability-private-messaging-apps-will-break-users
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