- United States
- N.C.
- Letter
Subject: The Use of Signal and Similar Apps by Government Officials: A Clear Circumvention of FOIA and a Threat to Democratic Accountability
It has become increasingly evident that the use of encrypted messaging applications like Signal by public officials is not merely a matter of convenience or security—it is a deliberate effort to circumvent the Freedom of Information Act (FOIA). This practice undermines the transparency that is fundamental to a functioning democracy.
FOIA was established to ensure that government operations are open to the public. The use of auto-deleting, encrypted communication tools by officials—particularly for conducting official business—represents a direct violation of both the spirit and the letter of the law. If government decisions are being made in the shadows, with no trace left behind, then accountability ceases to exist.
This is not a theoretical issue. It is already happening. From local governments to federal agencies, there have been growing reports of officials using Signal, WhatsApp, and other tools to dodge scrutiny. In some cases, entire policy decisions are being hashed out over messages that vanish without a trace. This is not national security—it is brazen corruption hiding behind technology.
Congress must act. I urge you to:
1. Strengthen FOIA laws to explicitly include all forms of electronic communication, regardless of platform.
2. Mandate retention of all government-related communications on encrypted platforms.
3. Establish penalties for the use of disappearing messages in official capacities.
4. Create oversight mechanisms to detect and prevent this growing abuse.
The people have a right to know what their government is doing. If transparency is allowed to erode behind a veil of encryption, then democracy itself is at risk.