Do you remember the days when we used courier pigeons? Whilst there  probably were a few instances of a bird being intercepted, it was  generally a pretty safe way of sending messages. Then along came the  Postal Service and it could
be readily assumed that the majority of  our mail arrived at its destination without having been opened and read  by somebody else.

With the advent of email and secure messaging,  governments and law enforcement suddenly feel threatened that we have  the ability to communicate in private.

In the beginning, those  people with a little bit of tech knowledge could use PGP and GPG but now  with services like ProtonMail, and TutaNota, it is a lot easier to have private and secure communications.

The Hannover  based company TutaNota is a pioneer when it comes to easy, encrypted  communication. Launched in 2011, the company advertise themselves as the  world's most secure email service. More than six million customers are using the built-in encryption service on a daily basis. Emails can only  be read by the sender and recipient. Even TutaNota is unable to read  them!

In October 2018 however, TutaNota got a letter (not an  encrypted email) from Itzehoe, which is a town in Schleswig Holstein,  Germany. The District Court requested that the co-founder and developer  of TutaNota, Matthias Pfau, submit all emails to the local police in  real time and in unencrypted format!

This was triggered by  hackers in the Itzehoe area who had used TutaNota for ransomware.  Therefore TutaNota should submit all emails in real time to the police!

TutaNota  and Mr Pfau explained that their organisation was not able to unencrypt  the messages due to the fact that the product was programmed that way.

The District Court of Itzehoe did not accept that response and five months  after the first letter, the Court ordered the surrender of those  TutaNota emails which were not end-to-end encrypted. The email service  would be responsible under the law and needed to give access to those  emails. They also hit TutaNota a 1000 Euro fine.

So now it appears that any unencrypted emails to and from TutaNota and a 3rd party  email service, must be handed over if they are the subject of a court  order.

The Telekommunikationsgesetz (TKG), which the court used  in arguments, is an outdated piece of communications legislation. It was  written way before smart phones or encrypted communications existed and  is no longer fit for purpose.

Germany had a great opportunity to  become one of the "go-to" countries in terms of how it handled your  privacy. But the actions of the District Court of Itzehoe have put the  brakes on that idea.

This is by no means a unique situation. Law  enforcement around the world are in conflict with encrypted messaging  and email services due to the simple fact that they cannot read these  communications. There is a huge rift between encryption advocates and  those who are strongly against it. Law enforcement want a backdoor so  they can have access to suspected criminal activities. But where will it  end? Not content with monitoring criminals, maybe they will soon be  snooping on us all?

Moreover, such a weak spot would also create  a perfect backdoor for those same criminals, putting at risk the  confidential conversations and data of private individuals and companies  alike.

The encryption fight is on.......

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