Encryption and Globalization

Tags: 2010s Crypto Wars Crypto Wars I Global

Authors: Swire, Peter P. and Ahmad, Kenesa

Published: 2012

URL: http://www.ssrn.com/abstract=1960602

Abstract: This law review article by Peter Swire and Kenesa Ahmad discusses changes to Indian and Chinese encryption laws. The article begins by describing the development of U.S. encryption laws, mainly focusing on the crypto wars and the United States' eventual embrace of encryption. However, the article then discusses globalization that has taken place since the 1990s, and how policy positions developed during the crypto wars are no longer sufficient when considering the increased interconnectedness of the world. The article argues that because of globalization, cybersecurity risks in every nation now present risks far beyond their own borders, and that the U.S.-centric debates of the crypto wars do not account for encryption policy in adversarial nations. Finally, the article argues that recent developments in Chinese and Indian encryption laws must foster a new debate about encryption policy globally, and in the US. This article proposes that strong encryption is especially essential in an increasingly globalized world.