Texas AG sues Meta over claims that WhatsApp doesn’t provide end-to-end encryption

The Attorney General of Texas has initiated a lawsuit against Meta, alleging that the company’s popular messaging service, WhatsApp, fails to deliver the end-to-end encryption (E2EE) it has consistently advertised. WhatsApp, which boasts over 3 billion users, has been promoting its E2EE feature since at least 2016, asserting that messages are encrypted on the sender’s device, with decryption keys only accessible to the intended recipient. End-to-end encryption is designed to ensure that no third party, including the platform itself, can access the content of messages. In 2018, during testimony before U.S. Senate committees, Meta CEO Mark Zuckerberg emphasized that the company does not have visibility into WhatsApp communications, stating that the messages are fully encrypted and not readable by Facebook systems. The foundation of WhatsApp’s E2EE is built on the Signal protocol, recognized by numerous independent experts as a secure and reliable encryption method. However, in a complaint filed on Thursday, Texas AG attorneys claimed that Meta’s assurances are misleading and that the company has the capability to access unencrypted WhatsApp messages. The lawsuit aims to halt what the Attorney General describes as a deceptive practice that misleads Texans into believing their private communications are secure and inaccessible to Meta. The complaint argues that Meta has violated users' trust and privacy, stating that all users had a right to expect their communications were confidential based on the promises made by WhatsApp and Meta. In response to the allegations, Meta has dismissed the claims as unfounded, asserting its commitment to contest the lawsuit vigorously. The only evidence referenced in the lawsuit pertains to a recent article by Bloomberg, which revealed that the U.S. Commerce Department’s Bureau of Industry and Security had unexpectedly closed an inquiry into claims that Meta could access encrypted messages shortly after an email detailing preliminary findings was sent by one of the department's agents.