Nevada vs. Meta: Authorities Want to Disable End-to-End Encryption for Children

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Are the authorities fighting for the safety of children or are they afraid of losing access to user data?

Nevada authorities are taking drastic steps against Meta, demanding that minors restrict access to encrypted messages in the Messenger app. The initiative of the State of Nevada is aimed at obtaining a temporary injunction, which is designed to prevent children from using full encryption of messages in the messenger.

The state's action follows the announcement by the Nevada Attorney General that it has filed civil lawsuits against five social media platforms, including Meta, alleging deceptive marketing techniques aimed at attracting young people and promoting addiction. It is important to note that Nevada did not join other class-action lawsuits against Meta filed in October 2023 by U.S. attorneys General who accused the company of ignoring evidence of Facebook* and Instagram* harming the mental health of children and adolescents.

The Nevada lawsuit claims that Messenger's full encryption "without exceptions for CSAM content" puts millions of children at serious risk. This Meta policy prevents government employees from applying the Nevada Unfair and Deceptive Trading Practices Act.

It is also noted that such behavior, which makes it impossible for anyone other than the sender and recipient to know what information the message contains, serves as an important tool for criminals and dramatically complicates law enforcement efforts to protect children from online crimes, including human trafficking, harassment and other forms of child exploitation.

If the court grants the temporary injunction, Meta will have to disable end-to-end encryption (E2EE) for all Messenger users under the age of 18 in Nevada.

Experts in the field of cybersecurity and law express different opinions on this issue. Some believe that banning E2EE for children in Nevada will not increase their online security, but will disrupt it, depriving young users of digital privacy and cybersecurity. Others emphasize that the authorities desire to have access to encrypted data is not new and goes back to long-standing disputes about online privacy. To date, the court's decision has not been made, and Meta and the Attorney General's Office did not comment on the lawsuit.

Meta introduced end-to-end email encryption (E2EE) in Messenger by default in December 2023. Previously, this feature was already available in Messenger, but only as a separate option. But since December, it has become mandatory for all personal messages of users.
 
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