Signal, an encrypted messaging application, has recently found itself at the center of a significant controversy in Bucks County, Pennsylvania, while also drawing international attention due to its use by government officials. The app, known for its robust security features, has been implicated in a situation involving national security discussions among Trump administration officials.
In a surprising turn of events, Mike Waltz, a national security adviser during the Trump administration, inadvertently included Atlantic editor Jeffrey Goldberg in a Signal chat where Secretary of Defense Pete Hegseth discussed a U.S. military strike on militants in Yemen. This incident, revealed by Goldberg in a recent article, raises questions about the appropriateness of using a commercial messaging platform for sensitive government communications.
In Pennsylvania, the Signal app has become a focal point in a Sunshine Act lawsuit against the Central Bucks School District. Allegations surfaced that school board members utilized Signal, which features an auto-delete function for messages, after being instructed to retain records pertinent to the litigation. This practice has been characterized as potentially destructive to evidence, as the board members claimed they were not informed by their solicitor, David Conn, about the retention notice.
What is Signal app? Who is Signal app owner?
Signal is owned by the nonprofit Signal Foundation and is celebrated for its end-to-end encryption, ensuring that only the intended recipients can access the messages exchanged. However, the app is not without vulnerabilities. A phishing attack in 2022 targeted a third-party authenticator, Twilio, granting hackers limited access to approximately 1,900 Signal accounts. Furthermore, recent reports indicate that Russia-linked groups have exploited Signal to gather military intelligence amid the ongoing conflict in Ukraine.
Interestingly, several members of the Signal Foundation’s board have connections to U.S. government agencies, including the Federal Trade Commission and the U.S. Department of State, which adds another layer of complexity to the app’s use in sensitive communications.
Auto-deleting Signal messages may violate federal law
The implications of using Signal for classified discussions could be severe. A former senior U.S. national security officer indicated that if the chat contained classified information, the officials involved might have breached multiple federal laws, including the National Security Act. Despite Signal’s encryption claims, vulnerabilities exist, particularly if any participant fails to secure their device against potential hacks.
Moreover, the manner in which administration officials utilized the chat raises concerns regarding compliance with federal records law. The Presidential Records Act mandates that federal officials employ government-approved communication channels for work-related matters, regardless of their classification status. This law is designed to ensure that records are preserved by the National Archives and made accessible to the public, barring any classification that would exempt them from Freedom of Information Act (FOIA) requests.
Messages within the Signal chat in question were reportedly set to auto-delete within a month, a feature that users must activate manually. This poses a challenge to transparency, as many records are required to be retained for a minimum of two years under federal law.
Auto-deleting Signal apps cause controversy in PA, Bucks County
The use of auto-deleting messages has sparked significant debate within Bucks County’s local government. Melissa Melewsky, a lawyer with the Pennsylvania NewsMedia Association, emphasized that such practices undermine public accountability. Board members have the discretion to determine the relevance of messages to Right-to-Know requests, but the absence of records makes it impossible to verify whether pertinent communications were withheld.
Melewsky remarked, “They’re kind of saying ‘just trust us’ and that’s not the way government accountability works. Without access, there is no accountability.” Currently, no specific laws govern record retention in these scenarios, which can lead to confusion among public officials and may inadvertently encourage the use of auto-deleting messaging apps, a practice that is not in the public’s best interest.
In a related context, the Pennsbury School District employs Google Chat under official email accounts, which also features an automatic deletion policy after 24 hours. A recent Pennsylvania state Senate committee hearing addressed the implications of ephemeral messaging by public officials, featuring testimony from Melewsky and media attorney Josh Bonn.
