This report aims to provide an update based on developments that occurred after the first report, or developments which are relevant but were not included in the first report for other reasons. The report contains an update on relevant statements or propositions made with respect to how law enforcement can potentially cope with encryption and its related challenges.

These challenges relate to technological developments as well as to the legal landscape. The first part of the report focuses on the legal challenges. Challenges in the legal landscape occur in part because of the application of general legal provisions. At the same time, criminal defendants contest specific legal provisions in courts, especially when it concerns legal obligations for suspects to hand over the encryption key or data in an unencrypted format.

The subsequent part of the report focuses more on challenges related to technological developments or challenges related to policies and business models that technology companies have introduced. Criminal usage of encrypted communication mobile devices is a recurring obstacle in investigations, ranging across the different crime areas. Such devices provide criminals with a manner of communication which allows them to circumvent law enforcement means of interception. The approach to encryption by technology companies, including social media companies, has also introduced and continues to introduce challenges for criminal investigations. Especially when companies use E2EE, ensuring they will also not have access to the data, and as such no means of assisting law enforcement to lawfully access electronic evidence.