> “We look forward to moving forward with those claims and note WhatsApp’s denials have all been carefully worded in a way that stops short of denying the central allegation in the complaint – that Meta has the ability to read WhatsApp messages, regardless of its claims about end-to-end encryption.” My money is on the chats being end to end encrypted and separately uploaded to Facebook.
If this was happening en-masse, wouldn't this be discovered by the many people reverse engineering WhatsApp? Reverse engineering is hard sophisticated work, but given how popular WhatsApp is plenty of independent security researchers are doing it. I'm quite skeptical Meta could hide some malicious code in WhatsApp that's breaking the E2EE without it being discovered.
When you get a new phone, all you need is your phone number to retrieve the past chats from backup; nothing else. That proves, regardless of specifics, that Meta can read your chats - they can send it to any new phone.
So it doesn’t really matter that it is E2EE in transit - they just have to wait for the daily backup, and they can read it then.