Jennifer Daskal examines the potential international side effects of the policies proposed in the encryption debate and highlights the need to proceed with care, and for centralized, executive-level review and monitoring of sought-after decryption orders, so as to better account for these effects.
Latest in Aegis Paper Series
Adam Segal examines the international pressures exerted on and by Chinese encryption laws and regulations.
If international discussions to address encryption occur, what will they look like, in what forums might they take place, and on what aspects of encryption will they focus? This Aegis Series paper looks at encryption through five different international lenses: human rights, law enforcement, intelligence, economics, and export controls. It evaluates the current views of US and foreign actors in each framework, describes international discussions (if any) that have transpired, and identifies factors that may drive outcomes.
This paper does not attempt to resolve either the ideological or factual disputes surrounding the international implications of U.S. encryption policy. Rather, it proposes key questions to stimulate and guide a more factually informed debate about the international human-rights consequences of domestic encryption policy.
Attribution of malicious cyber activities is a deep issue, about which confusion and disquiet can be found in abundance. This Aegis Series Paper reviews the literature on the subject and tries to synthesize the best aspects of these works with some original thoughts of the author’s own into a coherent picture of how attribution works, why it is both important and difficult, and how the entire process relates to policymaking.
The next round of surveillance reform is a time for the United States to go big – and to go global. We should get out of our defensive crouch and show the world how to balance robust intelligence capabilities with rules to protect privacy and civil liberties in the digital age.
For at least two decades, American ﬁrms and institutions have been victimized by attacks on their computer systems. It's time to allow companies to respond.
A contrarian take on national security reporting.
In Defense of FAA Section 702: An Examination of its Justification, Operational Employment, and Legal Underpinnings
The tension between a Nation-state’s need to detect and interdict threats to life, safety and property inevitably conflict with the privacy interests of its individual citizens and private sector entities. Increased flattening and convergence of global communications will continue to exacerbate this tension, as Nation states seek to pursue these twin goods within the common spaces shared by protected populations and those who would hold society at risk.
This paper examines this gatekeeper function US industry plays in surveillance and recommends surveillance reforms that will reinforce that function without denying necessary government access to information.