En bakdörr till effektiv brottsbekämpning - Straffprocessrättens hindrande av end-to-end-krypterad kommunikation

Sammanfattning: A concerning development of organized crime in Sweden has caused debate about the state's ability to uphold law and order effectively. At the same time, increased access to, and use of, encrypted communication services amongst criminals poses a challenge to law enforcement agencies. Closed end-to-end encrypted communication services hampers the use of covert coercive measures in law enforcement. Existing legislation regarding authorities access to the content of electronic communication are insufficient given today’s encryption technology. In the European Union and the United Kingdom, emerging regulatory proposals aim to impose obligations on communication service providers to monitor all communication on their platforms for specific illegal content. The Chat Control Regulation and the Online Safety Bill therefore both constitute direct hindrances to end-to-end encryption in communication services. In Sweden, similar legislation is being considered to impose liability on communication service providers to facilitate the enforcement of secret coercive measures. Such liability effectively means that end-to-end encrypted services cannot technically be provided. The essay's primary objective is to examine the function of Swedish criminal procedure law in the context of legislation seeking to restrict encrypted communication. The essay conclude that criminal procedure law is characterized by populist criminal justice policy. Through a policy argumentation and legal analysis, the essay first establish that the current political climate affects the views and opinions on the function of criminal procedure law. Moreover, the current judicial landscape indicates an offensive approach toward an effective law enforcement policy. The essay concludes that legislation restricting end-to-end encryption aligns with the prevailing understanding of the function of criminal procedure law. However, the technical complexity of the regulatory framework is problematic, and it is important that thorough preparatory legislative drafting is properly implemented to ensure that the regulation is comprehensible to the public.