The Encryption Discussion Isn’t Just Beginning, It Already Happened & That’s Good

The verdict from technologists and security experts is in. Backdoors into Americans’ technology weaken our most important protections against threats online.

FBI Director Comey in a blog post this week once again suggested that companies should build backdoors into their technology so the FBI can have special access. Director Comey is expected to expand on his views this afternoon in a rare open hearing of the Senate Intelligence Committee. 

Here’s the problem: If it's easier for the FBI to break in, then it's easier for Chinese hackers to break in.  It's not possible to give the FBI special access to Americans' technology without making security weaker for everyone.

Mr. Comey puts forward his arguments for government-mandated backdoors as a basis for healthy discussion. But that discussion has been happening for more than a decade and it’s decidedly come down in favor of protecting Americans’ security, not weakening it.  That’s why I introduced legislation to ban government-mandated security holes. Agencies, companies and individuals must focus on securing their front doors, not building in back ones.

I responded to Mr. Comey’s five beliefs about encryption. Check it out on Genius here and below.   

Encryption, Public Safety, and "Going Dark"
? Encryption, Public Safety, and "Going Dark" - Lawfare
frame it in a way
? Encryption, Public Safety, and "Going Dark" - Lawfare
that I hope is fair-minded and provides a basis for healthy discussion
? Encryption, Public Safety, and "Going Dark" - Lawfare
That is, our conversations and our "papers and effects" will be locked in such a way that permits access only by participants to a conversation or the owner of the device holding the data.
? Encryption, Public Safety, and "Going Dark" - Lawfare
There are many benefits to this.
? Encryption, Public Safety, and "Going Dark" - Lawfare
There are many costs to this. Public safety in the United States has relied for a couple centuries on the ability of the government, with predication, to obtain permission from a court to access the "papers and effects" and communications of Americans. The Fourth Amendment reflects a trade-off inherent in ordered liberty: To protect the public, the government sometimes needs to be able to see an individual's stuff, but only under appropriate circumstances and with appropriate oversight.
? Encryption, Public Safety, and "Going Dark" - Lawfare
There is simply no doubt that bad people can communicate with impunity in a world of universal strong encryption.
? Encryption, Public Safety, and "Going Dark" - Lawfare
There is simply no doubt that bad people can communicate with impunity in a world of universal strong encryption.
? Encryption, Public Safety, and "Going Dark" - Lawfare