On June 16th 2020, users of EncroChat were recipients of a message which confirmed that EncroChat was compromised and at the time, it was suspected that 50% of devices in Europe were affected. It was reported that the French National Gendarmerie managed to infiltrate the EncroChat server used to manage the encryption protocol for messages.
After being able to intercept message content (reported to be since April 2020), the French National Gendarmerie reported 90 percent of subscribers were criminals. Also, the captured data was disclosed to other European LEA, with the British National Crime Agency (NCA) stating the messaging system has been used as a "criminal marketplace".
Since this disclosure, attribution of an EncroPhone to a defendant is becoming an aggravating factor within the courts whereby the use of the encrypted device indicates sophisticated/planned criminal behaviour.
There have been a number of legal arguments regarding the data obtained by the authorities, however, the issue of attribution is still a relevant one and should be tested on all criminal investigations. Tower Forensics are well accustomed to the data provided in Encrochat investigations and are able to review and potentially challenge the attribution of an Encrochat device to an individual. Using both the Encrochat data and Cell Site Analysis we are able to complete a thorough attribution assessments for your case. If the attribution of an Encrochat device is a key factor in your case, please get in touch, we will review what has been presented and test its accuracy.