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Encryption Backdoors Put More at Risk Than You Might Think

Encryption Event Recap
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The Crypto Wars will never end. Not if Deputy Attorney General Rod Rosenstein gets his way. At Georgetown Law鈥檚 in November, he claimed that what he called 鈥渨arrant-proof encryption鈥濃攚hich is just regular encryption鈥斺渋s having a dramatic impact on our cases, to the significant detriment of public safety.鈥 His solution is for technology companies to build the so-called 鈥渞esponsible encryption鈥 that he claims would grant law enforcement access to encrypted data, while still protecting against misuse by malicious third parties.

But many people, including national security officials around the world, consider Rosenstein鈥檚 approach to be misinformed, and they鈥檙e voicing support for protecting encryption. Just ask former high-ranking FBI official Robert Anderson, Congressman Jim Himes (D-Conn.), and over a dozen human rights and privacy experts, technologists, and representatives from the tech and finance industries, who recently spoke at an event hosted by 国产视频鈥檚 Open Technology Institute on encryption policy. They were unanimous in their views that encryption backdoors would undermine cybersecurity, threaten our national security and economy, and put the personal safety and freedom of the most vulnerable communities at greater risk.

鈥淗istorically speaking, trying to stop technologies is always a losing bet.鈥

Anderson, a former FBI Executive Assistant Director who took charge of criminal and cyber investigations such as the Snowden leaks, the OPM hack, and the San Bernardino shooting, acknowledged that 鈥渋t鈥檇 never occurred to me that I was looking at [encryption] through a myopic glass.鈥 After leaving the FBI in 2016 to go into the security advisory and risk management sector, he had what he describes as a 鈥180-degree鈥 shift in his view. 鈥淎fter all the breaches that I鈥檝e been involved in for the last three years, I do think that opening backdoors into some of this technology is worse off for the people, the clients that have employed these private sector businesses, than it would be to somehow work through how we would get [evidence] without that [encrypted] data,鈥 he said.

, ranking member and likely next chairman of the House Intelligence Committee NSA and Cybersecurity Subcommittee, echoed Anderson鈥檚 concerns, when he noted that 鈥渢here鈥檚 a growing realization that if you deliberately create vulnerabilities, nobody is safe.鈥 In the long run, exceptional access for law enforcement will enable criminals to exploit those same vulnerabilities and threaten public safety and trust.

Industry experts say that this is a top concern for tech companies and product developers, given the ubiquity and interconnectedness of IoT devices. 鈥淭rust and security are going to be the pillars of the future development of technology and the internet,鈥 said , senior policy counsel at Apple. He emphasized that 鈥渃onsumers need to trust companies that their information is going to be protected, and encryption is one of the only ways we know how to do that well.鈥

Encryption plays an even more pivotal role in helping small companies and growing tech startups to earn consumer trust. As policy manager at , a research and policy organization centered on fueling economic growth, experiences first-hand the challenges of startups who count on encryption to protect consumer data and privacy. These startups typically don鈥檛 have the legal, financial, or technical resources鈥攊n case of a data breach, for example鈥攖o stand up in court. Tummarello explained that depriving companies, big or small, of secure, safety features like encryption is 鈥渞eally short-sighted,鈥 and that encryption backdoors would 鈥渉ave a disproportionately large impact on startups who are usually small and under-funded to begin with.鈥

Importantly, threats to cybersecurity, national security, and the economy aren鈥檛 the only considerations when contemplating encryption backdoors. Encryption plays a crucial role in protecting the personal safety and freedom of individuals in vulnerable communities, as panelists at the event explained through their real-life stories.

When journalist and 国产视频 Fellow Assia Boundaoui was making the documentary 鈥,鈥 which recounts how her Arab-American neighborhood in Chicago was under government surveillance for over a decade, she found out that, three years into production, the Google Drive containing all clips and footage had been hacked. Boundaoui then organized workshops to teach her crew how to use encryption to protect confidential data and sources. Such trainings have also been implemented by Matt Mitchell, who founded , to provide people in over-surveilled communities with .

Encryption isn鈥檛 only important for communities in the United States that are subjected to excessive policing and surveillance. LGBTQ communities in repressive countries also find that encrypted platforms like WhatsApp are often the only place where they can communicate with one another without fear of being arrested or harassed, Human Rights Watch鈥檚 said.

The psychological toll of over-surveillance is even more extensive, as stress and other mental health issues have crippling effects on the daily life of these communities. For victims of domestic violence, encryption can save their lives. , executive vice president of the National Network to End Domestic Violence, discussed the importance of the secrecy between victims of domestic violence and those from whom they are seeking help. 鈥淚f word gets out that someone is seeking help, they are not likely to come forward,鈥 she noted. 鈥淲e know there is a significant chilling effect.鈥 She also explained how encryption is one of the most important tools to protect sensitive digital records, which have been stolen by abusers. Southworth is 鈥渁 proponent of encryption because it allows victims to control who has access to the evidence and when, and then the victim can choose whether to hand over the evidence or say 鈥榊ou know what? Three months probation is not going to keep me alive and so I鈥檓 not going to participate in this prosecution.鈥欌

It鈥檚 becoming increasingly clear, the panelists underscored, that if the Department of Justice doesn鈥檛 change its tune on encryption, average Americans will be the first to suffer. And what鈥檚 more alarming, perhaps, is that threats to encryption aren鈥檛 just a domestic concern within the United States鈥攖he Crypto Wars have gone global. A recent shows that they plan to weaponize their law, the Investigatory Powers Act, to break encryption. And just last week, the Australian Parliament passed a sweeping new surveillance bill modeled after the United Kingdom鈥檚 law that Australian will devastate security and trust in Australian products.

What countries like the United Kingdom and Australia need to do, as Congressman Himes told the audience, is to move beyond the idea of encryption backdoors, to ask law enforcement and intelligence agencies to keep up with technology rather than hinder its development. 鈥淗istorically speaking, trying to stop technologies is always a losing bet.鈥

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Encryption Backdoors Put More at Risk Than You Might Think