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Tech Policy Podcast

#58: Banning Encryption

Tech Policy Podcast

TechFreedom

Technology

4.845 Ratings

🗓️ 11 April 2016

⏱️ 25 minutes

🧾️ Download transcript

Summary

Last week, a pair of Senators introduced a bill that was overwhelmingly described by technology experts as “ludicrous, dangerous, and technically illiterate.” That’s because critics say the bill would effectively ban end-to-end encryption, a basic practice of digital security that protects privacy and cybersecurity but can also be used by terrorists and criminals to avoid detection. The “Compliance with Court Orders Act of 2016” would mandate that a company like WhatsApp, with other a billion users, be able to produce the plaintext of any message sent over its platform. Is this even technically possible? What would happen to companies that refuse to comply? Joining Evan to sort out the details is Julian Sanchez, Senior Fellow at the Cato Institute.

Transcript

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0:00.0

Welcome to the Tech Policy Podcast. I'm Evan Svastrober, your host. On today's show,

0:09.9

banning encryption. In the wake of terrorist attacks in Europe and elsewhere around the globe,

0:15.4

some lawmakers, particularly in the United States, are turning their sites on encryption

0:20.3

as the enabler of terrorist acts.

0:23.7

Because while the vast majority of encryption is used for cybersecurity and for preventing things like identity theft, as with all technologies, they can also be used for bad.

0:33.1

And some have alleged that terrorists have used encrypted messaging apps to evade law enforcement

0:40.0

and carry out acts of terror. So last week, Senators Feinstein, a Democrat from California,

0:47.0

and Richard Burr, a Republican from North Carolina, introduced the Compliance with Court

0:51.6

Order's Act of 2016, which is a bill that would do some things with encryption.

0:58.0

And joining me to discuss this is Julian Sanchez, senior fellow at the Cato Institute.

1:02.0

Julian, thanks for joining the show.

1:04.0

I'm glad to be here.

1:05.0

They didn't actually introduce it yet, I should add.

1:08.0

This is a discussion draft that was leaked.

1:11.6

Ah.

1:12.6

And so it's not clear whether they still plan to make some tweaks to it, but it's a little

1:17.6

disturbing that they've been working on this for months, and this is the apparently most recent

1:23.6

and refined version they've come up with.

1:25.6

Well, right.

1:26.6

As with so many leaks in Washington,

1:28.3

they are completely intentional. So I guess that's why I let myself slip and say that they

1:32.3

introduce the bill because it is perfectly plausible that one of the two offices leaked the bill

...

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