Deep Dive into Crypto “Exceptional Access” Mandates: Effective or Constitutional—Pick One

Tags: 2010s CALEA

Authors: Cardozo, Nate and Crocker, Andrew

Published: August 2015

URL: https://www.eff.org/deeplinks/2015/08/deep-dive-crypto-exceptional-access-mandates-effective-or-constitutional-pick-one

Abstract: Deep Dive into Crypto “Exceptional Access” Mandates: Effective or Constitutional—Pick One by Andrew Crocker and Nate Cardozo argues that any exceptional access mandate would violate the First Amendment. The article is responding to a plethora of news coverage, citing law enforcement officials and detailing law enforcement’s need for “exceptional access” to allow government access to all encrypted materials. The article next argues that any exceptional access would require government control over the development of encryption software, which is speech, and would therefore violate the First Amendment’s ban on prior restraint. This article argues that any exceptional access mandate which would effectively serve its purpose would violate the First Amendment.