40 Facts About Encrochat

The Rise of EncroChat

EncroChat was a Europe-based communications network that offered modified smartphones with advanced encryption. These devices were designed to provide secure communication among subscribers, but they were primarily used by organized crime members to plan and execute various criminal activities.

1. EncroChat Inception: EncroChat emerged in 2016 as a replacement for a previously disabled end-to-end encrypted service. The company revealed Version 115 of EncroChat OS on December 31, 2015, marking the first public release of their operating system.

2. Encryption Features: EncroChat devices were equipped with advanced encryption features, allowing users to make encrypted calls, send encrypted messages, and author encrypted notes. The software also included a ‘panic’ button that could erase the phone’s contents immediately.

3. Popularity Among Criminals: EncroChat devices quickly became popular among organized crime members due to their ease of use, full encryption, and quick wipe feature. They were reported to be the "industry standard" among criminals.

4. Cost and Contracts: The cost of an EncroChat device was €1,000 (£900) initially, with a six-month contract costing €1,500 (£1,350). This high cost was a significant barrier for many potential users.

5. Resellers and Distribution: EncroChat had resellers in various locations, including Amsterdam, Rotterdam, Madrid, and Dubai. The company maintained a highly secretive operation, unlike traditional technology firms.

How EncroChat Operated

EncroChat's operations were shrouded in secrecy. The devices and services were distributed through unconventional means, often resembling illicit transactions.

6. Purchase Methods: EncroChat devices were often purchased through physical transactions that resembled drug deals. At least one case involved an ex-military operative selling devices in Northern Ireland.

7. Technical Features: EncroChat devices could dual-boot into a clean Android OS if needed, allowing them to pass off as normal phones. They also featured a wipe function that could be activated by entering a specific pin.

8. Law Enforcement Infiltration: Between March and June 2020, law enforcement agencies in Europe infiltrated the EncroChat network. This operation was a result of a Europe-wide investigation aimed at disrupting organized crime.

9. Closure Announcement: On June 12-13, 2020, an unidentified source associated with EncroChat announced that the company would cease operations due to the police operation. This announcement was made to all EncroChat devices.

10. Subscriber Base: At the time of its closure, EncroChat had around 60,000 subscribers. This large user base indicates the significant impact of the service on organized crime networks.

The Impact of Operation Venetic

Operation Venetic was a massive law enforcement effort in the UK that targeted EncroChat users. The operation led to numerous arrests and seizures.

11. UK Operation Venetic: In the UK, the National Crime Agency (NCA) led an operation known as Operation Venetic. This operation resulted in over 2,600 arrests and 1,384 criminal charges.

12. Arrests and Convictions: By March 2022, the NCA reported that 2,631 people had been arrested in the UK as part of Operation Venetic. Of these, 260 had been convicted, and over five and a half tons of class A drugs, 165 weapons, and £75 million in criminal cash had been seized.

13. Murder Plot Convictions: The first murder plot convictions related to EncroChat were secured in March 2022 against Paul Fontaine and Frankie Sinclair.

14. Operation Venetic Progress: By October 2023, Operation Venetic had led to more than 3,100 arrests, 1,240 convictions, and a combined 7,938 years in prison sentences. The operation also recovered 173 firearms, 3,459 rounds of ammunition, and over 9 tonnes of class A drugs.

15. Natalie Mottram’s Sentence: In November 2023, Natalie Mottram, a former police analyst, was sentenced to almost four years imprisonment for misconduct in public office, perverting the course of justice, and unauthorized access to computer material. She had informed a criminal friend that police were monitoring EncroChat messages and had information on him.

Legal Challenges and Implications

The legal landscape surrounding the EncroChat operation is complex. Various court rulings and legal arguments have shaped the use of EncroChat data in criminal cases.

16. French Supreme Court Decision: The French Supreme Court provided a landmark ruling on evidence from hacked EncroChat in October 2022. The court found that French investigators and prosecutors had failed to supply a certificate to authenticate intercepted phone data obtained from EncroChat phones as required by French law.

17. Implications for UK Cases: The French decision has significant implications for those in the UK who have been convicted or are currently being prosecuted or investigated due to information gained from the EncroChat hack. If the evidence obtained through the hack is unlawful in France, then the UK courts are likely to reach a similar conclusion.

18. Section 56(1) of IPA 2016: Section 56(1) of the Investigatory Powers Act 2016 (IPA 2016) provides that evidence obtained from live monitored communications (for example, phone tapping) is deemed unreliable. However, the Court of Appeal ruled that data acquired through EncroChat were admissible as evidence as they were accessed through equipment interference rather than interception.

19. Targeted Equipment Interference (TEI) Warrant: The NCA acquired a TEI warrant to ensure the evidence obtained from EncroChat was admissible in court. Defence solicitors argued that the correct warrant for the operation would have been a Targeted Intercept (TI) warrant, which cannot be relied on in court.

20. Technical Tool and Malware: The French Gendarmerie, with assistance from EU funding and collaborations between the UK, Netherlands, and France, used a technical tool (malware) to read encrypted messages between users. This tool was planted on EncroChat servers in France and allowed investigators to access the encrypted communications.

The Aftermath of EncroChat's Shutdown

The shutdown of EncroChat had far-reaching consequences for criminal networks and law enforcement agencies worldwide.

21. Malware Detection: Initially, EncroChat thought the planted malware was a bug and attempted to fix it through updates. However, they soon realized it was a targeted hack, leading to the shutdown of the service.

22. Impact on Criminal Networks: The law enforcement hack had a significant impact on criminal networks. In the UK alone, there were 746 arrests, and the Metropolitan Police Service launched "Operation Eternal," described as the most significant operation against serious and organized crime.

23. Global Arrests: Similar arrests were made across Europe for various crimes, including murders, drug importing, and other organized crime activities. One disturbing discovery was a torture chamber with a soundproofed room, dentist's chair, and pliers.

24. Data Collection and Distribution: Between April 1, 2020, and June 20, 2020, the French Gendarmerie collected over 120 million EncroChat messages sent from approximately 60,000 mobile telephones. The data was then transferred to Dutch law enforcement authorities and Europol, which further distributed it to other countries based on geographic data.

25. Dutch Case Law: In the Netherlands, the EncroChat operation has led to more than 200 judgments by criminal courts in the first two years after the operation. Dutch case law provides detailed information about how the data was collected and processed by law enforcement authorities.

Legal and Human Rights Issues

The EncroChat operation raises significant legal and human rights issues, especially regarding the admissibility of evidence and the protection of suspects' rights.

26. Extra Warrant for Data Use: The Dutch public prosecution service requested an extra warrant to use the collected data in other investigations. This warrant allowed for hacking as an investigatory power and wiretapping, with specific limitations to avoid a ‘fishing expedition’.

27. Fair Trials and Defence Access: In many Dutch cases, the defence argued that all collected EncroChat data should be disclosed to the defence as part of the principle of the equality of arms (Article 6 ECHR). Suspects were confronted with the data, and their rights to a fair trial were exercised.

28. Anti-Forensics Technology: EncroChat phones were equipped with anti-forensics technology designed to destroy evidence and make law enforcement investigative measures difficult. This technology included features like wiping the phone’s contents immediately.

29. Legal Aspects and Human Rights: The EncroChat operation raises significant legal and human rights issues. An article by Brill examines the lessons learned from the operation and the Dutch criminal cases from a human rights perspective.

30. Joint Investigation Team (JIT): The EncroChat operation involved a Joint Investigation Team (JIT) between French and Dutch law enforcement authorities, with assistance from Europol. This collaboration was crucial in collecting and analyzing the vast amount of data.

The Future of EncroChat Data in Court

The future of using EncroChat data in criminal cases remains uncertain. Legal challenges will focus on the admissibility of evidence, the legitimacy of warrants used, and the protection of suspects' rights.

31. Geo-IP Data: Europol used geo-IP data to trace the location of EncroChat users, sending the collected data to law enforcement authorities in other countries. This approach allowed for a global response to the encrypted communication network.

32. Data Analysis Timeframe: It is expected to take years to analyze all the data collected from EncroChat. The sheer volume of messages and the complexity of the encryption made it a challenging task for investigators.

33. Published Cases: Outside the Netherlands, there are only a handful of published and accessible cases related to the EncroChat operation. This lack of transparency highlights the need for more detailed case studies.

34. Dutch Case Law Details: Dutch case law provides detailed information about how the data was collected and further processed by law enforcement authorities. This transparency is essential for ensuring that suspects' rights are protected during investigations.

35. Extra Safeguards for Shared Data: The Dutch public prosecution office requested additional safeguards to process shared bulk data. This included limitations on the analysis of the data to avoid a ‘fishing expedition’ and ensure that the data was used only for specific investigations.

36. Targeted Intercept (TI) Warrant: Defence solicitors argued that the correct warrant for the EncroChat operation would have been a Targeted Intercept (TI) warrant. TI evidence cannot be relied on in court, which strengthens their argument against the NCA’s use of a TEI warrant.

37. TEI vs. TI Warrants: The difference between a TEI and TI warrant is crucial. A TEI warrant allows for the use of equipment interference to access communications, whereas a TI warrant requires live monitoring, which is deemed unreliable under Section 56(1) of the IPA 2016.

38. NCA’s Tenuous Basis: Defence solicitors argue that the NCA’s basis for using a TEI warrant is tenuous. They claim that the correct procedure would have been to obtain a TI warrant, which would have made the evidence inadmissible in court.

39. French Decision Impact: The French Supreme Court’s decision has significant implications for criminal investigations and prosecutions in the UK. If the evidence obtained through the hack is unlawful in France, then it is likely to be challenged in UK courts as well.

40. Legal Challenges Ahead: The future of using EncroChat data in criminal cases remains uncertain. Legal challenges ahead will focus on the admissibility of evidence, the legitimacy of warrants used, and the protection of suspects' rights during investigations.

The End of EncroChat

EncroChat's story is a wild ride from its inception in 2016 to its dramatic takedown in 2020. This encrypted communication network, once the go-to for organized crime, saw its demise through a massive law enforcement operation. With over 60,000 subscribers, EncroChat's downfall led to thousands of arrests, convictions, and the seizure of drugs, weapons, and cash. Legal battles continue over the admissibility of evidence obtained from the hack, raising questions about privacy and law enforcement tactics. The EncroChat saga highlights the ongoing struggle between criminal networks and authorities, showcasing the lengths both sides will go to achieve their goals. As investigations and court cases unfold, the impact of EncroChat's takedown will be felt for years, shaping future approaches to tackling organized crime and encrypted communications.