• German secure email provider Tutanota forced to monitor an account, aft

    From anonymous@21:1/5 to All on Thu Mar 14 01:21:16 2024
    XPost: alt.privacy.anon-server, alt.privacy, alt.security.pgp
    XPost: alt.fluffy.cat-pissed.on.peter-j-ross

    German e2e encrypted email provider Tutanota has been ordered by a
    regional court to develop a function that allows it to monitor an
    individual account.

    The encrypted email service provider has been fighting a number of such
    orders in its home country.

    The ruling, which was reported in the German press late last month,
    contradicts an earlier Hanover court finding that Tutanota, a provider
    of web-based email, is not a telecommunications service.

    The order by the Cologne court comes under a German law (known as “TKG”) which requires telecommunications service providers to disclose data to
    law enforcement/intelligence agencies if they receive a lawful intercept request.

    The Cologne court ruling also runs counter to a 2019 decision by
    Europe’s top court, the CJEU, which found that another web-based email service, Gmail, is not an ‘electronic communications service’ as defined
    in EU law — meaning it can’t be subject to common EU rules for telcos.

    Tutanota co-founder Matthias Pfau described the Cologne ruling as
    “absurd” — and confirmed it’s appealing.


    “From our point of view — and law German law experts agree with us —
    this is absurd. Neither does the court state what telecommunications
    service we are involved in nor do they name the actual provider of the telecommunications service.

    “The telecommunications service cannot be email, because we provide it completely ourselves. And if we were to participate, we would have to
    have a business relationship with the actual provider.”

    Despite the absurdity of a regional court treating an email provider as
    an ISP — in apparent contradiction of earlier CJEU guidance — Tutanota
    is nonetheless required to comply with the order, and develop a
    surveillance function for the specific inbox, while its appeal
    continues.

    A spokeswoman for Tutanota confirmed it has told the court it will
    develop the function by the end of this year — whereas she suggested its appeals process is likely to take “months” more to run its course.

    “We are going to the higher court in parallel. We are already preparing
    an appeal to the Bundesgerichtshof [Germany’s Federal Court of
    Justice],” she added.

    The Cologne court order is for a surveillance function to be implemented
    on a single Tutanota account that had been used for an extortion
    attempt. The Tutanota spokeswoman said the monitoring function will only
    apply to future emails this account receives — it will not affect emails previously received.

    She added that the account in question appears to no longer be in use.

    While after-the-fact monitoring seems unlikely to make any difference to
    the specific (extortion) case, the suspicion is the court wants to
    create a precedence — raising the hackles of security watchers who are worried about the risk of digital service providers being compelled to
    bake backdoors into their services in the region.

    Last month a draft resolution of the Council of the European Union
    triggered substantial concern that EU lawmakers are considering a ban on
    e2e encryption as part of an anti-terrorism security push. However the
    draft document discussed only “lawful and targeted access” — while expressing support for “strong encryption”.

    Returning to the Tutanote surveillance order, it can only be made to
    apply to unencrypted emails linked to the specific account.

    This is because the email service provider applies e2e encryption to its
    own users’ content — meaning it does not hold decryption keys so is
    unable to decrypt the data — though it also allows users to receive
    emails from email services that do not apply e2e encryption (hence it
    can be compelled to provide that data in plain text).

    However, if the EU were to legislate to compel e2e encryption service
    providers to provide decrypted data in response to lawful intercept
    requests, it would effectively outlaw the use of e2e encryption.

    That’s the scenario of most concern — though no such law has yet been proposed by any EU institutions. (And would very likely face fierce
    opposition in the European parliament, as well as more broadly, from
    academia, civil society, consumer protection, and privacy and digital
    rights groups, among others.)

    “According to the ruling of the Cologne Regional Court, we were obliged
    to release unencrypted incoming and outgoing emails from one mailbox.
    Emails that are encrypted end-to-end in Tutanota cannot be decrypted by
    us, not even after the court order,” noted Pfau.

    “Tutanota is one of the few mail providers that encrypts the entire
    mailbox, also calendar and contacts. The encrypted data cannot be
    decrypted by us, because only the user has the key to decrypt it.”

    “This decision shows again why end-to-end encryption is so important,”
    he added.

    https://techcrunch.com/2020/12/08/german-secure-email-provider- tutanota-forced-to-monitor-an-account-after-regional-court-ruling/

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From David E. Ross@21:1/5 to anonymous on Thu Mar 14 08:21:41 2024
    XPost: alt.privacy.anon-server, alt.privacy, alt.security.pgp
    XPost: alt.fluffy.cat-pissed.on.peter-j-ross

    On 3/13/2024 6:21 PM, anonymous wrote:
    German e2e encrypted email provider Tutanota has been ordered by a
    regional court to develop a function that allows it to monitor an
    individual account.

    [snipped]

    Instead of an encryption service, use PGP.

    --
    David E. Ross
    <http://www.rossde.com/>

    Demonstrators worldwide are demanding that Israel stop
    fighting in Gaza. Why does it seem that no one is demanding
    that Hamas stop fighting? And where are the demonstrations
    against Russia fighting in the Ukraine.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)