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.
Matt BlazeAs the local police department might want to decrypt a phone of a criminal suspect, so would the Chinese or the Russian or the Iranian intelligence agencies like to be able to do exactly the same thing.
Matt BlazeI 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.
Matt BlazeWhen 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.
Matt BlazeIt 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.
Matt BlazeIf 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.
Matt BlazeSo, 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.
Matt Blaze