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.

When the September 11th attacks happened, only about a year later, the crypto community was holding its breath because here was a time when we just had an absolutely horrific terrorist attack on U.S. soil, and if the NSA and the FBI were unhappy with anything, Congress was ready to pass any law they wanted. The PATRIOT Act got pushed through very, very quickly with bipartisan support and very, very little debate, yet it didn't include anything about encryption.

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.

Telephone handsets are particularly in need of built-in security. We have almost every aspect of our personal and work lives reflected on them and we lose them all the time. We leave them in taxis. We leave them on airplanes. The consequences of one of these devices falling into the wrong hands are very, very serious.

On balance, the use of encryption, just like the use of good locks on doors, has the net effect of preventing a lot more crime than it might assist.

So, in 1993, in what was probably the first salvo of the first Crypto War, there was concern coming from the National Security Agency and the FBI that encryption would soon be incorporated into lots of communications devices, and that that would cause wiretaps to go dark. There was not that much commercial use of encryption at that point. Encryption, particularly for communications traffic, was mostly something done by the government.

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.