DOJ Plans to Strike Against Encryption While the Techlash Iron Is Hot

Tags: 2020s Apple Government Access Government Policy International Stanford CIS

Authors: Pfefferkorn, Riana

Published: February 2020

URL: http://cyberlaw.stanford.edu/blog/2020/02/doj-plans-strike-against-encryption-while-techlash-iron-hot

Abstract: This blog post by Riana Pfefferkorn argues that since 2016, the Department of Justice sought to capitalize on public anti-technology sentiment to weaken encryption. First, the article describes the political climate, shaped by the Apple v FBI case, the role of big tech in various privacy scandals and foreign interference in the 2016 election, and foreign legislation, particularly in Australia and the U.K., restraining encryption. The article goes on to describe the proposed U.S. legislation and the DOJ’s actions which seeks to limit encryption, and how those actions are fueled by the political climate and negative sentiments towards technology companies. Finally, the article predicts what actions legislators and law enforcement will take to limit encryption, and how the backlash against technology companies may be further weaponized.