Civil liberties vs national security in the encryption debate: Exceptional access and the trust deficit

Brittany Bieber, Ahmad Sultan, Michael Nacht and Sabhanaz Rashid Diya

Cyber Security: A Peer-Reviewed Journal, 2019, vol. 2, issue 4, 360-386

Abstract: This paper analyses the challenges of reconciling the need for strong data privacy technologies with the US Federal Government’s demand for access to encrypted data to combat national security threats — a concept known as ‘exceptional access’. Using the 2015 San Bernardino terrorist attack as a jumping-off point, this research combines public statements and arguments made for and against exceptional access to reveal a widening trust deficit between technologists and law enforcement authorities. The paper highlights specific intersections of policy and technology which have led to this increasing gulf and provides recommendations for how the gulf can be bridged to promote constructive dialogue between the two groups.

Keywords: exceptional access; encryption; crypto wars; data privacy; going dark (search for similar items in EconPapers)
JEL-codes: M15 (search for similar items in EconPapers)
Date: 2019
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