PRIVACY IS PRICELESS
“What sort of precedent does it set? What if they decide to go after WhatsApp next?”
“It’s about transparency and accountability. It’s a massively dangerous precedence and dangerous path they’re going down,”
In Britain there has already been one attempt to challenge an EncroChat conviction in the Court of Appeal.
Lawyers for a group of anonymous defendants claimed EncroChat data was the same as evidence obtained by phone tapping, which is inadmissible in English and Welsh courts.
But the prosecution claimed it should be treated in the same way as messages on mobile phones, which are admissible in court.
The key was whether, at the point the data was intercepted, it was being “stored in or by” the system by which they were transmitted, or were “being transmitted.”
A group of people who were targeted by the EncroChat investigation have taken their cases to the Investigatory Powers Tribunal, a secretive body which supervises warrants for phone tapping and data interception by the police and intelligence services.
The Investigatory Powers Tribunal is set to deliver a final ruling in September.
Since the EncroChat operation, two other encrypted networks have been broken, Sky ECC and AN0M.