Congress needs to foster cooperation between law enforcement agencies and technology companies in regard to data encryption, a recent bipartisan Encryption Working Group report concludes.
Established in March by U.S. Reps. Bob Goodlatte (R-VA), the chairman of the House Judiciary Committee, Fred Upton (R-MI), the chairman of the House Energy and Commerce Committee, and the ranking members of both committees, the task force outlined key observations and next steps in its report.
“Encryption is inexorably tied to our national interests,” the report states. Not only does it safeguard personal information, it helps to prevent crime and protect national security.
“The widespread use of encryption technologies also complicates the missions of the law enforcement and intelligence communities. As described in this report, those complications cannot be ignored,” the report said.
“We must strive to find common ground in our collective responsibility: to prevent crime, protect national security, and provide the best possible conditions for peace and prosperity.”
The complex issues surrounding government access to encrypted data came to a head in February, when a federal judge issued an order requiring Apple Inc. to aid the FBI in obtaining encrypted data off an iPhone related to a 2015 shooting in San Bernardino, California. Apple fought that order. The case was ultimately resolved when the FBI found a different method of accessing the data stored on the device.
Since March, the Encryption Working Group has met with federal, state and local government entities, former government officials, private industry and trade associations, civil society organizations, consultants and legal experts, and cryptographers regarding encryption.
“This is a complex challenge that will take time, patience and cooperation to resolve. The potential consequences of inaction — or overreaction — are too important to allow historical or ideological perspectives to stand in the way of progress.”
During the next Congress, the report recommends that committees look at ways to help law enforcement navigate the process of accessing information from private companies.
It also calls for examining options to improve law enforcement’s ability to leverage metadata; review circumstances, resources and legal avenues needed to help law enforcement exploit flaws in digital products; and consider the implications of alternative legal strategies.