The IT Law Wiki

Citation[]

National Academies of Sciences, Engineering, and Medicine, Div. on Eng'g and Physical Sciences, Computer Science and Telecommunications Board, Committee on Law Enforcement and Intelligence Access to Plaintext Information, Decrypting the Encryption Debate: A Framework for Decision Makers (2018) (full-text).

Overview[]

Government access to the plaintext of encrypted communications and stored data presents difficult, important, and controversial issues that reveal conflicting values within the government and society at large. The debate over efforts to ensure that access is very polarized. Critics of government access, even as they acknowledge the importance of effective law enforcement, cite legal and practical objections, including risks to security, privacy and civil liberties, and U.S. commercial interests. Government officials acknowledge the value of encryption to protect privacy and confidential information but also express the need to be able to access information relevant to investigations when properly authorized.

To address these issues, the National Academies of Sciences, Engineering, and Medicine appointed a Committee to develop this report. To better inform the policy debate and future decision making, this report reviews how encryption is used, including its applications to cybersecurity; its role in protecting privacy and civil liberties; the needs of law enforcement and the intelligence community for information; technical and policy options for accessing plaintext; and the international landscape.