Hidden Anti-Cryptography Provisions in Internet Anti-Trust Bills

upstart writes:

Hidden Anti-Cryptography Provisions in Internet Anti-Trust Bills - Schneier on Security:

Two bills attempting to reduce the power of Internet monopolies are currently being debated in Congress: S. 2992, the American Innovation and Choice Online Act; and S. 2710, the Open App Markets Act. Reducing the power to tech monopolies would do more to "fix" the Internet than any other single action, and I am generally in favor of them both. (The Center for American Progress wrote a good summary and evaluation of them. I have written in support of the bill that would force Google and Apple to give up their monopolies on their phone app stores.)

There is a significant problem, though. Both bills have provisions that could be used to break end-to-end encryption.

Let's start with S. 2992. Sec. 3(c)(7)(A)(iii) would allow a company to deny access to apps installed by users, where those app makers "have been identified [by the Federal Government] as national security, intelligence, or law enforcement risks." That language is far too broad. [...]

Sec. 3(c)(7)(A)(vi) states that there shall be no liability for a platform "solely" because it offers "end-to-end encryption." This language is too narrow. The word "solely" suggests that offering end-to-end encryption could be a factor in determining liability, provided that it is not the only reason. [...]

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