Deciphering The Debate Over Encryption

Deciphering the Debate Over Encryption

Deciphering the Debate Over Encryption

Should the government have the ability to lawfully access encrypted technology and communications? This is the question at the center of a heated public debate, catalyzed when the FBI obtained a court order to compel Apple to assist in unlocking an iPhone used by one of the San Bernardino terrorists. Strong encryption has existed for decades. For years, motivated individuals have had access to the tools necessary to conceal their activities from law enforcement. And for years, the government has repeatedly tried to limit the use of or obtain access to encrypted data. The most notable example occurred in the 1990s when the development of encrypted communications equipment sparked fears that the government would lose its ability to conduct lawful surveillance. In response, the NSA developed a new encryption chip called the Clipper Chip that would enable encrypted communications, but would also provide the government with a key to access those communications, if necessary. This so-called back door sparked intense debate between the government and the technology community about the benefits and risks of government access to encrypted technology. So what has changed in recent years to renew the debate? Part of the concern is, once again, the rapid expansion of technology. At its core, however, this debate is about the widespread availability of encryption, by default. While encryption has existed for decades, until recently, it was complex, cumbersome, and hard to use. The decision by companies like Apple and the messaging application WhatsApp to provide default encryption means more than a billion people, including some living in countries with repressive governments, have the benefit of easy, reliable encryption. At the same time, however, criminals and terrorists have the same access to secure means of communication, and they will use it as their own mission control center.

Decrypting the Encryption Debate

Encryption protects information stored on smartphones, laptops, and other devices - in some cases by default. Encrypted communications are provided by widely used computing devices and services - such as smartphones, laptops, and messaging applications - that are used by hundreds of millions of users. Individuals, organizations, and governments rely on encryption to counter threats from a wide range of actors, including unsophisticated and sophisticated criminals, foreign intelligence agencies, and repressive governments. Encryption on its own does not solve the challenge of providing effective security for data and systems, but it is an important tool. At the same time, encryption is relied on by criminals to avoid investigation and prosecution, including criminals who may unknowingly benefit from default settings as well as those who deliberately use encryption. Thus, encryption complicates law enforcement and intelligence investigations. When communications are encrypted "end-to-end," intercepted messages cannot be understood. When a smartphone is locked and encrypted, the contents cannot be read if the phone is seized by investigators. Decrypting the Encryption Debate reviews how encryption is used, including its applications to cybersecurity; its role in protecting privacy and civil liberties; the needs of law enforcement and the intelligence community for information; technical and policy options for accessing plaintext; and the international landscape. This book describes the context in which decisions about providing authorized government agencies access to the plaintext version of encrypted information would be made and identifies and characterizes possible mechanisms and alternative means of obtaining information.