If the source code isn't available for audit by 3rd parties (or yourself), and you can't build it from source, then it was never really "secure" anyway. What lawmakers do or don't say is just noise. Platforms that rely on trust (in this case, trusting that FB isn't doing bad things) provide very weak guarantees about privacy/security. They could easily include a keylogger in WhatsApp and bypass the e2e encryption, fo…
This would be quickly detected by anyone looking at the data the WhatsApp app was sending back to the server (this isn't hard to do on a jailbroken device).