Encryption: A 21st Century National Security Dilemma

Tags: 1990s Clinton Export Controls Law Enforcement

Authors: Ackerman, Wystan M.

Published: July 1998

URL: https://doi.org/10.1080/13600869855487

Abstract: In 1998, an article was published in the International Review of Law, Computers & Technology, which advocated for the implementation of a federal encryption scheme which utilizes export controls and a key recovery system. Export controls should be used to address issues with gathering foreign intelligence for national security matters, and a key recovery system should be used to meet the needs of law enforcement when they conduct investigations. The author argues that this regulatory scheme will “effectively balance individual privacy rights and governmental interests”. When discussing export controls and the key recovery system, the article proposes changes to legislation, analyzes the constitutionality of the proposed scheme, and discusses the policy arguments against both. The article concludes that Congress and President Clinton must act swiftly in order to protect America’s future, and argues that “the basic outline of an encryption policy which would protect our national security” already exists through exports controls and a key recovery system.