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.

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.

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.

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 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.

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.