The FBI is advising all Americans to use encrypted messaging apps for messaging and phone calls due to an ongoing hack believed to have originated in China. The hackers have been accessing 3 primary types of information: (1) call records of metadata that show who called who and when. This has been focused in the Washington, DC area; (2) listening to live phone calls of specific targets; and (3) systems used by telecommunications companies to store certain communications to make them available to law enforcement and intelligence agencies pursuant to warrant. To get an idea of how serious an issue this appears to be, just consider the fact that the warning is coming from the FBI – which has been pushing hard against encryption for phone and messaging as it strictly limits their ability to obtain intelligence about or from criminals.
Among other apps, Signal Private Messenger, WhatsApp, Telegram, Session, and Briar (considered one of the best to avoid surveillance) and others automatically encrypt calls and messages. Google Messages and iMessage also can encrypt calls and texts.
By way of brief background, we (the United States) has long been engaged in a cyberwar or sorts with numerous nations throughout the world. This specific cyber attack has been called “Salt Typhoon” by Microsoft and is believed to have been orchestrated by China. This attack, which is deemed to be one of the largest intelligence compromises in US history and which has not yet been fully contained, means China may listen to your calls or reading your text/SMS messages (presumably electronically and not millions of humans listening to millions of calls). These hacks (like NSA listening) likely involve electronic listening that is searching for key phrases or algorithmically obtained results that suggest whatever information China is seeking. This could be financial information (unlikely, but it may be held for later uses should there ever be war), technology information (likely), security information (likely), political information (likely) or any military information. This information may then be used to subvert any or all aspects of life in the US rather than target harm to a specific individual, although China has been known to use such information to go after dissidents who reside outside of China.
We recommend that at least for the near term, you start using encryption for telephone and messaging when discussing anything that you would not want China or any other nation to know. Making dinner reservations? Encryption probably is irrelevant. Discussing sensitive financial information or transmitting highly sensitive data, etc., use encryption.
If you have any questions, please feel free to contact Michael J. Feldman, Esq., CIPP, at or 908-964-2486.
