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The Risks of “Responsible Encryption”

Tags: 2010s Exceptional Access Government Access Law Enforcement Responsible Encryption Stanford CIS

Authors: Pfefferkorn, Riana

Published: February 2018

URL: http://cyberlaw.stanford.edu/files/publication/files/2018-02-05%20Technical%20Response%20to%20Rosenstein-Wray%20FINAL.pdf

Abstract: The Risks of “Responsible Encryption” critiques “responsible encryption,” a term developed used by US law enforcement officials describing a general policy of government access to encrypted materials. The article begins by detailing the origins of the terms and their use by government officials, then seeks to define the scope of the term and possible technical definitions. Next, the paper warns of the risks of exceptional access, including increased key usage and access, authentication of exceptional access requests at scale, the economic and competitive effects on US technology companies, and the limitations of exceptional access capabilities. Finally, the paper discusses the benefits and limitations of alternatives to “responsible encryption.”