I think it's interesting because the 1990s ended with the government pretty much giving up. There was a recognition that encryption was important. In 2000, the government considerably loosened the export controls on encryption technology and really went about actively encouraging the use of encryption rather than discouraging it.

It may be true that encryption makes certain investigations of crime more difficult. It can close down certain investigative techniques or make it harder to get access to certain kinds of electronic evidence. But it also prevents crime by making our computers, our infrastructure, our medical records, our financial records, more robust against criminals. It prevents crime.

The perspective that law enforcement is presenting seems to be a very narrow one that's focused very, very heavily on investigations of past crimes rather than on preventing future crimes. It's very important for policymakers to take that broader view because they're the ones who are trusted to look at the big picture.

As we build systems that are more and more complex, we make more and more subtle but very high-impact mistakes. As we use computers for more things and as we build more complex systems, this problem of unreliability and insecurity is actually getting worse, with no real sign of abating anytime soon.

If it were possible to hold onto this sort of database and really be assured that only good guys get access to it, we might have a different discussion. Unfortunately, we don't know how to build systems that work that way. We don't know how to do this without creating a big target and a big vulnerability.

It's only after you get down into the technical weeds - and they are admittedly rather weedy - that it becomes clear that this is much harder than it seems and not something we're going to be able to solve.

If we try to prohibit encryption or discourage it or make it more difficult to use, we're going to suffer the consequences that will be far reaching and very difficult to reverse, and we seem to have realized that in the wake of the September 11th attacks. To the extent there is any reason to be hopeful, perhaps that's where we'll end up here.