US Court Compares Encrypted Chat Communication to Private Thoughts

Recently, a state court in the United States ruled that two individuals who planned to kidnap Michigan Governor Gretchen Whitmer were not considered terrorists because they used the encrypted messaging app Wire for their communications. This was reported by Engadget.

The judge determined that using encrypted messages is essentially the same as having private thoughts. According to the judge, an encrypted communication network that is inaccessible to the general public “in many ways is no different from thinking to oneself.”

The judge believes that when encrypted communication tools are used to plan terrorist acts, the threat is not visible to the public, and therefore, such actions cannot be classified as terrorism. Following this logic, the publication notes ironically, terrorists coordinating their actions in Telegram, Facebook Messenger, or similar encrypted apps are simply engaging in idle thoughts. However, the article’s authors point out that encrypted communication is not telepathy.

The portal calls this a prime example of how judges, lawmakers, and authorities make key, life-changing decisions without any real understanding of how modern communication technologies work. The authors warn that it would be very problematic if this decision sets a precedent regarding encrypted messages and terrorist conspiracies.

The FBI prevented the attempted kidnapping of Michigan Governor Gretchen Whitmer in October of last year. The crime was planned by a group of individuals dissatisfied with her policies during the coronavirus pandemic.