We basically have only two real tried and true techniques that can help counter this. One of them is to make systems as simple as we can, and there are limits to that because we can only simplify things so much. The other is the use of encryption.

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.

We basically have only two real tried and true techniques that can help counter this. One of them is to make systems as simple as we can, and there are limits to that because we can only simplify things so much. The other is the use of encryption.

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.

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.

In order for any smartphone manufacturer to decrypt the data on your phone, it has to hold onto a secret that lets it get that access. And that secret or that database of secrets becomes an extremely valuable and useful target for intelligence agencies.