Florida’s legislature has recently introduced Senate Bill 868, a concerning piece of legislation that threatens to undermine encryption technologies and privacy rights for millions of residents. As a nonprofit organization dedicated to promoting internet freedom and protecting digital privacy, Unshakled believes this bill represents a significant step backward for individual freedoms.
What Does SB 868 Propose?
The bill, introduced by Senator Ingoglia, amends existing statutes regarding social media use by minors. While protecting children online is a worthy goal, SB 868 takes a deeply problematic approach by requiring social media platforms to:
“Disable end-to-end encryption or other data encryption features that restrict the accessibility of messages so that a minor’s parent or legal guardian may view all messages and law enforcement may view messages relevant to a felony criminal investigation involving minors.”
This requirement applies to accounts of users under 16 years of age and would effectively create encryption backdoors in messaging systems.
The Dangerous Implications
1. Compromised Security for All Users
End-to-end encryption exists for a reason: it provides essential security for digital communications. Once backdoors are created, they can’t be limited only to specific accounts or users. Security experts universally agree that you cannot weaken encryption for some without weakening it for all. The bill effectively mandates the creation of vulnerabilities that could be exploited by malicious actors.
Real-World Examples of Backdoor Vulnerabilities:
- SALT Typhoon Hack (2023-2024): Chinese state-sponsored hackers exploited backdoor vulnerabilities in Cisco and other network devices that were originally created for intelligence purposes. This massive breach compromised critical U.S. telecommunications infrastructure and government systems, demonstrating how backdoors intended for legitimate surveillance can be discovered and weaponized by adversaries.
- The FREAK Attack (2015): Discovered weaknesses in SSL/TLS protocols stemmed from 1990s-era “export-grade” encryption backdoors mandated by the U.S. government, which later became exploitable vulnerabilities affecting millions of websites.
- The Shadow Brokers Leak (2017): NSA hacking tools, including backdoors and exploits, were stolen and leaked online, leading directly to the devastating WannaCry ransomware attack that affected over 200,000 computers across 150 countries.
- Greek Vodafone Wiretapping Scandal (2004-2005): A legal interception backdoor in Vodafone Greece’s network was exploited to spy on government officials, including the Prime Minister, demonstrating how surveillance capabilities intended for law enforcement can be weaponized.
2. Technical Impossibility
Many encryption systems are mathematically designed to prevent even the service providers themselves from accessing encrypted content. The bill demonstrates a fundamental misunderstanding of how modern encryption works, potentially forcing companies to completely redesign secure communication protocols or cease operations in Florida.
3. Constitutional Concerns
The bill likely infringes on First Amendment rights to free speech and Fourth Amendment protections against unreasonable searches. By mandating access to private communications without proper judicial oversight, the legislation runs counter to core constitutional principles.
4. Setting a Dangerous Precedent
If Florida succeeds in mandating encryption backdoors, other states may follow suit, creating a patchwork of contradictory requirements that make secure communications impossible across state lines. This could ultimately lead to the weakening of encryption standards nationwide.
Who Is Affected?
While the bill targets minors’ accounts, its implications extend to all Floridians and potentially all Americans. End-to-end encryption is a foundational technology that protects:
- Personal communications
- Financial transactions
- Healthcare information
- Journalistic sources
- Attorney-client privileged communications
- Whistleblower activities
Better Alternatives for Child Protection
While SB 868’s goal of protecting minors is important, there are more effective approaches that don’t compromise encryption or privacy:
1. Opt-in Communication Controls
Platforms can offer minors and their parents optional tools that limit who can initiate contact with young users without monitoring message content. This puts control in users’ hands without weakening encryption.
2. Digital Literacy Education
Comprehensive education programs in schools and communities teaching both children and parents about online safety, recognizing harmful interactions, and protecting personal information without surveillance.
3. Improved Reporting Systems
Creating more accessible, user-friendly reporting tools that allow minors to easily report concerning behavior without requiring platforms to scan or access private messages.
4. Time and Usage Management
Tools for parents and minors to manage screen time and platform engagement without accessing content of communications, focusing on healthy usage patterns rather than surveillance.
5. Local Device Solutions
Software solutions that operate on the user’s device (rather than at the platform level) can give parents visibility into their child’s activities through mutual agreement, without compromising encryption for all users.
These alternatives respect both the need to protect children and everyone’s fundamental right to private, secure communications.
Our Position
Unshakled firmly believes that strong encryption is essential for privacy, free expression, and security in the digital age. While we recognize the importance of protecting children online, undermining encryption is not the solution. There are better ways to protect minors that don’t compromise everyone’s security.
We urge Florida legislators to reconsider this bill and work with technical experts, privacy advocates, and child safety organizations to develop solutions that protect both children and fundamental digital rights.
What You Can Do
If you’re concerned about SB 868:
- Contact your Florida state representatives and express your concerns:
- Share information about the dangers of encryption backdoors
- Support organizations like Unshakled that advocate for digital privacy rights
- Stay informed about the bill’s progress – it’s set to take effect July 1, 2025, if passed
Protecting children online is an important goal we all share, but we must ensure that the methods used don’t undermine the very security and privacy protections that keep everyone – including children – safe in the digital world.
Unshakled, Inc. is a 501(c)(3) nonprofit organization dedicated to promoting internet freedom, protecting privacy, educating the public on digital privacy, and ensuring secure access to information.
