Hang on a tick.
Blair Reeves
11

Fair points. However, the issue at stake with this particular piece of legislation goes far beyond merely bringing digital communications into line with warrant requirements. The functional result of what Burr and Feinstein are legislating would essentially make many forms of digital encryption illegal by statute, in particular perfect forward secrecy. It’s perfectly reasonable for our society to debate the needs of law enforcement in the digital age, but legislation of this variety is an attempt to put the encryption genie back in the bottle, and that simply is not going to happen.

Rather than attempting to force encryption to conform to the needs of law enforcement, the FBI and other agencies are going to need to find new avenues for information gathering. Indeed, given the many new streams of data law enforcement have at their disposal for investigations, whether there is an actual need to force technology-specific solutions to largely illusory problems is highly suspect.

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