knowingly and intentionally participated" in a criminal ring that distributed narcotics by facilitating the "sale and service of encrypted communications devices."
followed by Canada-based Sky Global is a provider of custom handsets and the developer of Sky ECC, a subscription-based end-to-end encrypted messaging application.
Someone please correct me If I'm wrong but I thought If your systems are all E2E encrypted, then you as the service provider have no way of seeing what your users are discussing on your platform. At least from a technical aspect, the state's case doesn't really hold up.However on the other side of the equation I have to ask. There has to be away they knew, and I think that is what the government is getting at, even if you can't read the exact messages, surely you aren't oblivious to what your users are discussing.
I think this will come down to the makeup of the user base. If say only 10% of your customers are using it for illicit purposes, you can claim you didn't know, of couldn't have know because the messages are E2E encrypted, however if that number is 50+%, then I think the case could be made that yes even though you couldn't read the exact messages, you can still be held liable.
I'm not an expert in this field and this is my Monday morning quarterback, so if someone has any better insights please correct me.