The Supreme Court was wrong to assume in Carpenter that the government needed a warrant to get the data in question.
Alan Z. Rozenshtein is a Visiting Assistant Professor of Law at the University of Minnesota Law School, where he will begin as an Associate Professor of Law in the summer of 2019. Previously, he taught law at the Georgetown University Law Center and served as an Attorney Advisor with the Office of Law and Policy in the National Security Division of the U.S. Department of Justice and a Special Assistant United States Attorney in the U.S. Attorney's Office for the District of Maryland. He is a graduate of Harvard Law School.
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A review of Steven Levitsky and Daniel Ziblatt, “How Democracies Die” (Crown, 2018).
Policymakers could make progress on the problem of law-enforcement access to encrypted data with more research and a better relationship between the government and the tech community. Congress can help on both fronts.
The government should frame encryption as a law enforcement issue, not a national security issue.
After years of stalemate, high-level experts in the information-security community have started trying to build secure systems to allow law enforcement access to encrypted data.
Not long ago, it was hard to find anyone who thought regulating Silicon Valley was a good idea. But times have changed.
A bill making tech companies liable to criminal or civil suits if they fail to prevent sex trafficking on their platforms may signal the end of legal immunity for Internet companies for their users' content.