Rethinking Encryption

Tags: 2010 Amendment IV Attorney General William P. Barr CLOUD Act Cybersecurity Going Dark Law Enforcement Public Safety

Authors: Baker, Jim

Published: October 2019

URL: https://www.lawfareblog.com/rethinking-encryption

Abstract: This article written by Jim Baker encourages law enforcement officials in the U.S. to embrace encryption due to cybersecurity threats, particularly from china. The article begins by describing the issues of going dark to law enforcement, and quotes officials such as Attorney General William Barr encouraging Congress to legislate around encryption. However, because Congress has failed to act in light of such pressures, it is possible action will never occur. Then, addressing threats to national security will be necessary by other means. After describing national security threats from cyberattacks, potential Chinese interests in cyber-attacks, and the global zero-trust network, it will be necessary to build in security. Therefore, the FBI and other law enforcement officials should embrace encryption to safeguard American cyber infrastructure.