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Law enforcement agencies struggle with criminals using to end-to-endencryption (E2EE). A recent policy paper states: "while encryption is vital andprivacy and cyber security must be protected, that should not come at theexpense of wholly precluding law enforcement". The main argument is that E2EEhampers attribution and prosecution of criminals who rely on encryptedcommunication - ranging from drug syndicates to child sexual abuse material(CSAM) platforms. This statement - in policy circles dubbed 'going dark' - isnot yet supported by empirical evidence. That is why, in our work, we analysepublic court data from the Netherlands to show to what extent law enforcementagencies and the public prosecution service are impacted by the use of E2EE inbringing cases to court and their outcome. Our results show that Dutch courtsappear to be as successful in convicting offenders who rely on E2EE as thosewho do not. Our data does not permit us to draw conclusions on the effect ofE2EE on criminal investigations.

Going dark? Analysing the impact of end-to-end encryption on the outcome of Dutch criminal court cases