Encryption and the First Amendment

Tags: 1990s Amendment I Clinton Law Enforcement

Authors: Samoriski, Jan H. and Huffman, John L. and Trauth, Denise M.

Published: September 1997

URL: https://doi.org/10.1080/10811689709368633

Abstract: This law review article by Jan H. Samoriski, John L. Huffman, and Denise M. Trauth describes finds that Clinton Administration proposals on encryption policy, including the Clipper Chip initiatives, encryption key escrow, and domestic restrictions on encryption infringe on the privacy interests of individuals and likely violate the First Amendment. The article first described the development of encryption policy through the ’90s. Then, the article establishes existing First Amendment case law, encryption as speech, relevant government interests, as well as the driving policies of the First Amendment, and how they support individual use of encryption without government imposition. Finally, the article writes in support of prioritizing individual liberties over vague government interests in law enforcement and national security.