Content Moderation on End-to-End Encrypted Systems: A Legal Analysis

The article discusses the legal implications of content moderation on end-to-end encrypted (E2EE) systems, such as those used by messaging platforms like Signal and Google's Messages. While E2EE protects privacy and human rights, critics argue that it hinders efforts to combat abuses like child exploitation and disinformation. Computer science researchers have developed technologies like message franking and homomorphic encryption to enable content moderation on E2EE platforms while preserving privacy. However, these advancements raise legal questions, such as whether detecting abusive content constitutes interception under the Wiretap Act. The authors, Charles Duan and James Grimmelmann, explore these complexities in their analysis.