By Rebecca Boone and Claudia Lauer
As a devastating running fire, which was burned by a city of Maui and killed greater than 100 people, emergency management staff exchanged dozens of text messages and created a recording that might later contribute to assembling the federal government's response The 2023 tragedy.
A text exchange might also use that the officers also use a second, not findable messaging service.
“This should be a signal,” wrote the then administrator of the Maui Emergency Management Agency Herman Andaya to a colleague.
Signal is one in all many end-to-end Encrypted messaging apps This includes automatic message functions.
While such apps promise increased security and privacy, it often rocks against records which are intended to extend transparency and public awareness of the federal government decision -making. Without special archiving software, the messages are sometimes not returned under public information requests.
A review of Associated Press In all 50 countries, accounts for encrypted platforms were registered for over 1,100 government employees and elected civil servants in cellphone numbers.
It is unclear whether Maui officers actually used the app or just considered -a spokesman for the district didn’t reply to questions -but the situation shows a growing challenge: How can government corporations use technological progress for extra security while remaining on the precise side of public information laws?
How often is the state use of encryption apps?
The AP found accounts for state, local and federal officials in just about all states, including many legislators and their employees, but additionally employees for governors, general prosecutors, educational departments and college authorities.
The AP doesn’t call the officials because an account in most states is neither against the foundations nor proof that they use the apps for the federal government business. While a lot of these accounts were registered in the federal government's cellphone numbers, some were registered in personal numbers. The list of AP might be incomplete because users could make accounts insightful.
In the past ten years, an inappropriate use of the apps has been reported up to now ten years MissouriPresent OregonPresent OklaholaPresent Maryland And elsewhere, almost all the time due to leaked messages.
What is the issue?
Officials and personal individuals are consistently warned Hacking And data leaks, but technologies to extend privacy often reduce the transparency of the federal government.
Apps resembling signal, WhatsApp, Confide, Telegram and others use encryption to combine up messages in order that only the intended end user can read them, they usually are often not stored on government servers. Some mechanically delete messages, and a few prevent users from stopping messages on screenshotting or approval.
“The basic problem is that people have the right to use encrypted apps for their personal communication and to have those on their personal devices. This is not against the law,” said Matt Kelly, editor of Radical Compliance, a newsletter who focuses on compliance and governance. “But how would an organization be able to distinguish how an employee uses it?”
Are there any acceptable use of end-to-end encryption apps?
The US Cybersecurity and Infrastructure Security Agency (CISA) really useful that “highly valued goals” – use high -ranking civil servants who cope with sensitive information – encryption apps for confidential communication. These messages are often not released in line with public laws.
CISA leaders also say that encrypted communication could possibly be a useful security measure for the general public, but doesn’t encourage government officials to make use of the apps to rock public information laws.
Journalists, including many on the AP, often use encrypted messages when talking to sources or whistleblowers.
What do states do?
While some cities and states cope with how they continue to be transparent, the general public record laws don’t develop as quickly as technology, said Smarish General Manager Lanika Mamac. The company based in Portland, Oregon, helps governments and corporations to archive digital communication.
“People are more concerned about cyber security attacks. They try to ensure that it is safe,” said Mamac. “I think you really try to find out:” How can I you’ll want to be protected and to offer transparency? “
Mamac said Smarsh had seen an increase in inquiries, mainly from local governments. However, many others have done little to restrict or clarify the apps for their use.
In 2020, the new Division Director of New Mexico Child, Youth and Family Department asked the employees to use the app signal for internal communication and to delete messages after 24 hours. An investigation of the possible violation of the documentary preservation regulations from New Mexico followed a court connection with two whistleblower and the departure of the Division Director.
In New Mexico, however, there are still no regulations for the use of encrypted apps. The AP review showed that in December 2024 at least three departments or agency directors had signal accounts.
In Michigan were found in 2021 Cell phones. The legislators in Michigan answered from Prohibition The use of encrypted messaging apps for work equipment for state employees if they hinder public records.
However, the law of Michigan contained no penalties for violations, and monitoring the devices used by 48,000 employees of the executive industry for state possession is a monumental task.
What is the solution?
The best legal remedy is stronger laws with public records, said David Cuillier, director of the Brechner Freedom of Information project at the University of Florida. Most state laws already make it clear that the content of communication – not the method – makes something of public recording, but many of these laws lack teeth, he said.
“You should only use apps for those who report communication and you possibly can archive like several other public recording,” he said.
In general, according to Cuillier, a decline in government transparency has been led in recent decades. To reverse this, the governments could create independent enforcement authorities, add punishments for violations and create a transparent culture that supports technology, he said.
“In the past we were a light-weight fire of sunshine when it got here to transparency. Now we will not be. We lost our way,” said Cuillier.
Originally published:
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