As part of a series on "Election 2016 and American's Future," I recently released a Brookings policy brief on a strategic approach to “Going Dark” for the next administration. Recognizing the current deadlock—and need for a new approach—I recommend that the executive branch adopt a policy of fully exploring alternatives to legislative mandates, with lawful hacking as the central component.
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“Lawful hacking” is an interesting and potentially very useful future path for law enforcement and the intelligence community. But lawyers and policymakers rushing to address potential problems are getting ahead of the technology.
The current encryption debate is gridlocked. For the past year, privacy advocates, civil libertarians, Department of Justice attorneys, cryptographers, and others have been stonewalling one another, exchanging a barrage of bumper sticker slogans. These engagements have drawn attention to an important issue, but have largely failed to illuminate the path forward.
Susan Landau’s post suggesting agreement rather than disagreement between the Don’t Panic report and the ODNI response to it brings to mind the dialog in the 1977 Woody Allen film Annie Hall.
As Paul has noted, the ODNI has
Author’s note: Despite appearing under my byline, this post actually represents the work of a larger group. The Keys Under Doormats group includes Harold Abelson, Ross Anderson, Steven M. Bellovin, Josh Benaloh, Matt Blaze,Whitfield Diffie, John Gilmore, Matthew Green, Susan Landau, Peter G. Neumann, Ronald L. Rivest, Jeffrey I. Schiller, Bruce Schneier, Michael A.
On February 16, US Magistrate Judge Sheri Pym, responding to an FBI request, ordered Apple to provide software to bypass the company's technical protections; this would unlock the work phone of Syed Farook, one of the two San Bernardino terrorists. Apple appealed the order.
Today at 10 am, the House Energy and Commerce Committee will hold a hearing entitled "Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives."
The two-panel hearing will include testimony from:
The Lawfare Podcast: Daniel Weitzner and Benjamin Wittes on Going Dark and the Fallout from Apple v. FBI
Apple and the FBI may have settled the litigation over the San Bernadino iPhone, but that doesn’t mean the fight is over. With Congress on the verge of considering new legislation to compel technology companies to decrypt data, the Going Dark debate is alive and well.
Just how sophisticated are the nations planning and carrying out cyberattacks on electric grids? Very, is the short answer.