What data can government agencies get from encrypted IM services? (2024)

In our digital communication era, instant messaging solutions are the most effective and efficient way individuals can connect with their friends and family, and businesses can connect with customers. People use some popular instant messaging solutions because they offer essential privacy and security features they look for, like end-to-end encryption, ephemeral messages, archived chat, etc. As they are continuously being used for business communications, the relevant companies must monitor and archive work-related communications to avoid various communication compliance risks using these apps.

Even though some of these secure app owners have privacy policies claiming they collect no sensitive user information and communications, when it comes to law enforcement, these secure mobile messaging apps have no escape in providing access to the message content and other required sensitive user details. The FBI training document reveals that the government agencies can obtain access to the encrypted message content and other details from secure messaging solutions like WhatsApp, WeChat, Viber, iMessage, Line, Telegram, Wickr, and Threema.

According to the summaries of information possible to obtain from each app, it is evident that getting sensitive user data from WhatsApp and iMessage applications is much easier than from other popular secure messaging if the law-enforcement agencies have a valid FBI warrant or subpoena. It also implies that the agents can obtain message content from WeCom, a part of China’s WeChat app.

As an example, The 18 US Code § 2703, defines the required the disclosure by a provider of electronic communication service upon a request by a governmental entity.

iMessage

iMessage is the popular instant messaging app created by Apple that also uses a unique end-to-end encryption mechanism that encrypts the messages from the senders’ device, Apple’s servers, and the receiving device. Based on the FBI training document, iMessage even can disclose full iMessage content to authorized government agencies if the iCloud backup is enabled. The iMessage information accessible by the agents include:

Limited message content
A valid subpoena can return basic subscriber information
Under 18 US §2703 (d), iMessage can provide 25 days of iMessage lookups from a target number
No providence for Pen Registers
If there is a valid search warrant, iMessage can provide backups of the required device. If the device has enabled iCloud backup, it is possible to provide the encryption key. Also, if the required user has enabled messages in iCloud, the agent gets them from the iCloud returns

Signal

Signal is one of the most secure mobile messaging applications that use its own security protocol for private messaging. It secures its messages by encrypting them when sending to other signal users. When compared with information that can be retrieved by government agencies from the other apps, the signal app information they can receive is very limited and includes no message content

The Signal app claims that “(I)t’s impossible to turn over data that we never had access to in the first place. Signal doesn’t have access to your messages; your chat list; your groups; your contacts; your stickers; your profile name or avatar; or even the GIFs you search for.” Following is the only information the Signal app will provide upon request from a law enforcement agency:

WeChat

WeChat is Chinas’ most popular instant messaging app, which is also subject to the Chinese mass surveillance network. Upon request by the Chinese government, WeChat requires tracking and providing the WeChat communication information. WeCom is another communication app with office automation tools developed by Tencent China. The following describes the information agents can receive from WeChat, but includes no message content or records for accounts created in China:

Basic information like name, phone number, email, IP address for non-China accounts (The information will be retained as long as the account is active).

When analyzing the types of information warrants and subpoenas can access, WhatsApp, iMessage, WeChat (and WeCom) expose differing and varied amounts of user-sensitive data.

However, when it comes to work-related information, various regulatory bodies, including government organizations, require businesses that use these messaging apps to capture and archive messages and calls for mobile compliance. Therefore, companies need a strong mobile archiving solution to avoid compliance risks while using these secure mobile apps. TeleMessage offers mobile archiving services that can specifically capture each IM’s work-related communications. These allow regulated firms to comply with different governance and compliance requirements.

The WeChat archiver, for example, runs in the background without any user intervention for its operation. If an international client outside China wants to connect to WeChat, TeleMessage provides that facility as it owns a Chinese ICP (Internet Content Provider) license. It can capture voice calls and monitor text messages using the standard WeChat interface and encryption. It also uses a WeChat connector to connect with servers in Tencent and captures the communications directly from those servers in China. Then TeleMessage will upload the captured data to an enterprise archive of the company, and it provides end-to-end encryption from the mobile to the enterprise archive.
The same chats and call recording capability is availiable for WhatsApp as well.

TeleMessage offers employees the freedom to use modern messaging applications on the mobile and desktop. Our mobile archiving products securely record content from mobile carriers and mobile devices, letting companies meet recordkeeping regulations and compliance requirements.

With multiple archiving solutions, you can always find the right tools or blend for your requirements:

Network Archiver
Enterprise Number Archiver
Android Archiver
WhatsApp Archiver
WeChat Archiver
Signal Archiver
Telegram Archiver

TeleMessage offers cross-carrier and international mobile text & calls capture and archiving for corporate and BYOD phones. Visit our website at www.telemessage.com to learn more about our mobile archiving products.

FAQs

What data can government agencies get from encrypted IM services? ›

A valid subpoena related to criminal investigation can disclose information like name, service start date, last seen date, IP address, and email address. A court order can retrieve information like blocked users. A search warrant can issue 'about' information, profile photos, group information, and address book.

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Can the government see encrypted messages? ›

A recently disclosed January 2021 document from the Federal Bureau of Investigation (FBI) supplies a concise summary with respect to nine different “secure messaging” apps. It shows that with legal process, the FBI can get various types of metadata, and in some cases even stored message content.

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How does the government encrypt data? ›

Federal government agencies and departments that handle sensitive personal data must use FIPS-certified cryptographic modules. A device that meets FIPS 140-2's requirement possesses a cryptographic erase function that “leverages the encryption of target data by enabling sanitization of the target data's encryption key.

Does the government have access to the Signal app? ›

Telegram CEO Pavel Durov issued a scathing criticism of Signal, alleging the messaging service is not secure and has ties to US intelligence agencies. There is no evidence Signal is hooked into the US government as described by Durov.

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Can feds see iMessage? ›

A recently discovered FBI training document shows that US law enforcement can gain limited access to the content of encrypted messages from secure messaging services like iMessage, Line, and WhatsApp, but not to messages sent via Signal, Telegram, Threema, Viber, WeChat, or Wickr.

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Can the government look at my texts? ›

Yes, under certain circ*mstances. Government agencies may access text messages with legal authorization, such as a warrant, or national security reasons. Access depends on legal restrictions and the context of the investigation.

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What is the lawful access to encrypted data? ›

The Lawful Access to Encrypted Data Act is a balanced solution that protects the constitutional rights of all Americans while providing law enforcement with the tools they need to access evidence necessary to address violent crime and national security threats.

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What happens to your data when it is encrypted? ›

Data encryption converts data from a readable, plaintext format into an unreadable, encoded format: ciphertext. Users and processes can only read and process encrypted data after it is decrypted. The decryption key is secret, so it must be protected against unauthorized access.

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Who can see encrypted data? ›

With encryption, Internet browsing information is only shared between those who have the encryption key. The only two parties who should have access to the key are the user (or actually the user's device) and the website they are visiting.

Can a hacker see encrypted data? ›

If a cybercriminal finds a vulnerability somewhere along the data transmission path, or by getting their hands on your data encryption keys, your encrypted enterprise data can still be hacked and your systems compromised.

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Who can see encrypted messages? ›

With end-to-end encryption, your message is encrypted on your device and can only be decrypted by the recipient's device. This means that even the service provider can't access your message. Standard encryption secures your message between your device and the server.

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Can police see end-to-end encryption? ›

Remember, though the chats are end-to-end encrypted, the police can seize your devices and examine these messages at the source - your phone.

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Can encrypted messages be used in court? ›

Ultimately, the judge in the case said the government cannot refer to the encryption without first asking permission: “Before the Government mentions encryption or seeks to introduce evidence of encryption, it must first approach the bench, explain its relevance, and receive a trial ruling.” Depending on what happens ...

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Can the feds see your FaceTime calls? ›

Yes, FaceTime is protected by end-to-end encryption, meaning no one outside of the call—not even Apple—can listen in on them.

Can the feds look at your phone? ›

Technically, the FBI can see your phone—but they aren't interested in tracking private, law-abiding citizens. Government agencies are focused on national security threats—not spying. However, with probable cause and a warrant, the FBI can see what you do on your phone.

Is WhatsApp encrypted from the police? ›

What does end-to-end encryption mean for responding to law enforcement requests? WhatsApp cannot and does not produce the content of its user's messages in response to government requests.

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Can the FBI see your texts? ›

Yes, the FBI can track activities on your cell phone, including conversations, text messages, internet activity, and physical location. All they need is a court-ordered warrant. Below, we'll explain everything you need to know about how the FBI can track your phone and what you can do about it.

Can end-to-end encryption be traced? ›

Not even the provider of an end-to-end encrypted service can decrypt encrypted information. That's why end-to-end encryption is incompatible with tracing and filtering content…

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