What does encrypted messages mean for government transparency?

AThe destroyed SA was circulated in the Hashim in the city of Maui, killing more than 100 people, and the emergency administration employees circulated dozens of text messages, creating a record that would later help investigators respond to the government’s response to the 2023 tragedy.

One of the employees who have been exchanged text may also use a second -to -correspondent service.

“This was what was supposed to be the reference,” said Hermann Nada, director of the Emergency Management Agency.

The signal is one of the many encoding applications from the end to the end that includes the functions of automatic messages.

While such applications promise to increase security and privacy, they often avoid open record laws aimed at increasing transparency about government decision awareness. Without special archiving programs, messages are not often returned under public information requests.

The Associated Press review was found in all fifty states found on encrypted platforms registered for mobile phone numbers for more than 1,100 government workers and elected officials.

It is not clear whether MAUI officials have already used the application or thinking about it simply – a boycott spokesman did not respond to the questions – but the situation highlights the increasing challenge: How can government entities use technological progress for more security while staying on the right side of the general information laws?

How common is governmental use of encryption applications?

AP found accounts of local and unionist officials in almost every state, including many legislators and their employees, but also conservative employees, state lawyers, educational departments and members of the school’s board of directors.

Do not name AP for officials because having an account is not for the rules in most states, and there is no evidence of the use of government business applications. While many of these accounts were registered in government mobile numbers, some of which were recorded on personal numbers. The AP menu is likely to be incomplete because users can make accounts unmatched.

An inappropriate use of applications has been reported over the past decade in places such as Missourifor Oregonand Oklalaand Maryland Elsewhere, always because of the leaked messages.

What is the problem?

Public officials and citizens are constantly warned of penetration of leaks and data leakage, but the technologies designed to increase privacy often reduce government transparency.

Applications such as Signal, WhatsApp, Confide, Telegram, etc. are used to encrypt the messages so that the user can only read them, and is usually not stored on government servers. It automatically deletes some messages, prevents some users from screenshots or sharing messages.

“The main problem is that people have the right to use encrypted applications for personal communications, and that they have these on their personal devices. This is not against the law,” said Matt Kelly, the editor of radical compliance, a newsletter that focuses on compliance with companies. “But how will the organization be able to distinguish how the employee uses it?”

Are there acceptable government uses for encryption applications from one to tip?

The US Security Security Agency and the American infrastructure, or CISA, recommended that “high -value goals” – ongoing officials who deal with sensitive information – use encryption applications for secret communications. These connections are not usually closed under public record laws.

CISA leaders also say that encrypted communications can be a useful security measure for the public, but they did not encourage government officials to use applications to avoid general information laws.

Journalists, including many, often use encrypted messages when speaking to sources or informants.

What do countries do?

While some cities and states are struggling with how to maintain transparency, public record laws do not develop quickly like technology. Portland, Oregon, helps governments and companies to archive digital communications.

“People feel more anxious than cybersecurity attacks,” Mamak said. “I think they are really trying to know,” How can I balance your being safe and give transparency? “

Mamak said that Smarsh witnessed an increase in inquiries, most of them are local governments. But many others did not do much to restrict applications or clarify the rules for their use.

In 2020, the director of the new department for the child in New Mexico, youth and families of employees asked to use the application signal for internal communications and delete messages after 24 hours. A 2021 investigation was followed in the potential violation of the rules of retaining the document in New Mexico a settlement to the court with two informants and the departure of the department’s director.

But New Mexico still lacks the regulations related to the use of encrypted applications. The AP review was found at least three management managers or agencies who have signals from December 2024.

In Michigan, state police leaders were found in 2021 to use a signal to the state’s issuance Mobile phones. The legislators in Michigan responded by prohibiting the use of encrypted messaging applications on the devices issued by the state employees if they impeded the requests of public records.

However, the Michigan Law did not include penalties for violations, monitoring the government -owned bodies used by 48,000 executives is a huge task.