The Last Refuge of the Criminal: Encrypted Smartphones

Tags: 2020s Criminal Law Lawful Access Regulated Encryption

Authors: de Bolle, Catherine and Vance, Jr., Cyrus R.

Published: July 2021

URL: https://www.politico.eu/article/the-last-refuge-of-the-criminal-encrypted-smartphones-data-privacy/

Abstract: Catherine de Bolle and Cyrus R. Vance, Jr., write in Politico that encrypted devices—particularly encrypted smartphones—pose an intolerable impediment to law enforcement, the pursuit of justice, and vindication of victims and their families. They argue that criminals exploit unregulated encryption to perpetrate a variety of crimes, from ransomware to child sex trafficking, and that the ability to lawfully access devices is overwhelmingly frustrated by judges, policies, and budgets. In light of this crisis, they call on lawmakers to develop regulation that better balances privacy and public safety.