During the 2023 Maui wildfire disaster, government officials exchanged many text messages that later helped investigators understand their response. However, one message suggested they might have been using Signal — an encrypted app that leaves no trace.
What Are Encrypted Messaging Apps?
Apps like Signal, WhatsApp, Confide, and Telegram use end-to-end encryption. This means only the sender and receiver can read the messages. These apps also allow messages to auto-delete, and they often cannot be stored on government servers.
Why Do Governments Use Encrypted Apps?
Officials may use these apps to protect sensitive conversations from hackers. The U.S. Cybersecurity and Infrastructure Security Agency (CISA) even recommends such apps for senior officials handling confidential information.
The Problem with Government Transparency
While these apps protect privacy, they can also hide government actions from the public. Public record laws require government communications to be accessible, but encrypted apps make it difficult to follow these rules.
How Widespread Is the Use of These Apps?
An Associated Press review found more than 1,100 government officials across all 50 U.S. states had accounts on encrypted messaging platforms. These include legislators, governors’ staff, education departments, and school board members.
Are There Any Regulations?
Some places have tried to set rules:
- In Michigan, laws now ban state employees from using encrypted apps on work phones if it blocks public records. But enforcing this rule is challenging.
- In New Mexico, officials used Signal for internal chats and deleted messages after 24 hours, causing controversy. However, no strict rules exist yet.
Why Are Stronger Laws Needed?
Experts believe the best solution is stronger public record laws that require all communications to be stored and available like any other record. Enforcement agencies and clear penalties for violations could help improve transparency.
What Can Be Done for a Transparent Future?
David Cuillier, director of the Brechner Freedom of Information Project, says governments need to:
- Archive all official communications
- Set clear policies for app usage
- Create independent bodies to monitor transparency
- Foster a culture that values openness
Privacy vs. Transparency
While encrypted apps protect privacy, they challenge public trust in government. Strong rules and cultural changes are needed to balance security with transparency.
