Can text messaging with end to end encryption be admitted to court as evidence?
I would like to know if messages I get on Whatsapp can be used in court? They have end to end encryption, meaning Whatsapp can’t hand over the messages. I would be giving permission for my messages on my phone to be seen, but for it to be evidence do they need the other person’s phone too?
Could the other side argue that those messages were not sent by them if Whatsapp can’t hand over what is on their servers?
I would like a legal opinion on this and reasoning as to why. Thank you.
Traffic Lawyer Richard Simon’s Answer
Yes they can be admitted, particularly since they wee sent through a 3rd party app and if they get the person you were messaging to testify. You need to specify your question a little more, like, “Can Whatsapp be compelled to show my messages against my will?”