More than a billion people on the planet use online messaging service WhatsApp to send and receive messages, photo and videos and to make phone calls over the Internet. Most of WhatsApp’s users are outside the United States.

A subsidiary of Facebook since 2014, WhatsApp just announced the addition of end-to-end encryption to every form of communication on its service. This means all of your messages, phone calls, photos, and videos sent or received over WhatsApp are encrypted. It also means that if the WhatsApp service is running on your phone, your phone is also encrypted.

End-to-end encryption makes the service secure from hackers and other third parties. In addition, the encryption prevents even WhatsApp employees from accessing your data sent over the service.

Law enforcement has stated that the encryption security makes the service popular with criminals and terrorists. The end-to-end encryption means WhatsApp cannot comply with a court order to provide law enforcement access to your messages, phone calls, photos, or video content. In at least one current case, which remains under seal, WhatsApp maintains it is unable to comply with a federal judge’s order to wiretap for a WhatsApp user.

Many lawmakers have called for companies like WhatsApp to equip their encryption schemes with a backdoor available only to law enforcement. Some lawmakers seek legislation requiring back doors. The FBI and the Justice Department maintain they are only trying to keep the status quo – to be able to wiretap a phone call or email with a warrant in hand.

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Photo of Kathleen Porter Kathleen Porter

Kathy Porter’s practice straddles the areas of intellectual property, business transactions, trade regulation, and Internet law and includes import/export control issues, such as compliance and enforcement, competition, privacy, and data security. She counsels businesses on the development and implementation of data security and…

Kathy Porter’s practice straddles the areas of intellectual property, business transactions, trade regulation, and Internet law and includes import/export control issues, such as compliance and enforcement, competition, privacy, and data security. She counsels businesses on the development and implementation of data security and privacy practices to comply with the patchwork of laws and rules applicable to the collection, use, safeguarding, sharing, and transfer of protected or personal data. She regularly structures arrangements with promoters, marketers, website exchanges, and other third parties for the purchase, sale, sharing, and safeguarding of personal data. Kathy prepares and negotiates representations, warranties, and indemnities regarding personal or protected data and privacy and data practices. She also assists clients with privacy audits and works with third-party certification organizations to obtain certification of companies’ privacy practices. She guides clients through internal investigations to assess and address notice and other obligations regarding privacy breaches. Kathy often works closely with our litigation attorneys to manage external investigations such as those by federal or state regulators. Read her rc.com bio here.