Last Tuesday, the D.C. Circuit ruled in Doe v. Ethiopia that Ethiopia cannot be sued in U.S. court for allegedly hacking the computer of a political dissident living in Maryland. The unanimous decision affirmed the district court’s dismissal for lack of subject-matter jurisdiction.
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I’ve been thinking about out-of-the-box ways to address the "Going Dark" problem. Specifically, I am looking for approaches that potentially thread the needle between an industry allergic to any technological mandates, civil libertarians and cryptographers deeply committed to strong encryption without back doors, and a government alarmed by the rise of encrypted communications it cannot capture.
Here is one that just might thread that needle.