Effect Of Encryption On Lawful Access To Communications And Data

The Effect of Encryption on Lawful Access to Communications and Data

The Internet has become central to global economic activity, politics, and security, and the security environment has changed recently, as we face much more aggressive state actors in espionage. Terrorists and criminals find creative ways to leverage the latest technologies to evade security and privacy protections, but there may be technical and policy solutions that can balance national security and public safety with protection of privacy, civil liberties, and a functioning global Internet ecosystem.

Effect of Encryption on Lawful Access to Communications and Data

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.