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The Lawfare Podcast

Jim Baker and Susan Landau on 'Moving the Encryption Policy Conversation Forward'

The Lawfare Podcast

The Lawfare Institute

Politics, Terrorism, National Security, News, Foreign Policy, Diplomacy, Intelligence, Rule Of Law, Military, Constitutional Law, Current Events, International Relations, History, International Law, Government, Law

4.76.4K Ratings

🗓️ 9 October 2019

⏱️ 50 minutes

🧾️ Download transcript

Summary

Encryption and going dark splashed across the headlines in the wake of the 2015 San Bernardino attack, when the FBI and Apple went to court over access to an encrypted iPhone recovered from one of the perpetrators. Since then, little progress has actually been made on the encryption issue. Privacy advocates and technology companies are locked in a stalemate with law enforcement, with the former arguing that encryption is vital for cybersecurity, while latter has argued that law enforcement agencies need some way to lawfully access encrypted data in certain criminal or national security cases. A working group set up by the Carnegie Endowment for International Peace and Princeton University is endeavoring to break this impasse—or at least crack it—with a new paper entitled “Moving the Encryption Policy Conversation Forward.”

Benjamin sat down with two members of the working group—Susan Landau of Tufts University and Jim Baker of the R Street Institute—to discuss the paper, the goals of the group, and how to reconcile seemingly incompatible views.

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Transcript

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0:00.0

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0:07.2

podcast become a material supporter of LawFair at patreon.com slash LawFair.

0:14.7

That's patreon.com slash LawFair.

0:18.2

Also, check out LawFair's other podcast offerings, rational security, chatter, LawFair

0:25.6

no bull and the aftermath.

0:33.8

The mission of the FBI, as stated by the FBI, is to protect the American people and uphold

0:38.7

the constitution.

0:40.7

And so, if you think about it that way, that's where I think you can find alignment between

0:50.2

what law enforcement wants and what a lot of the tech and computer science and engineering

0:56.8

community thinks about too.

0:58.8

Because the goal of the FBI then is to protect the American people from malicious cyber

1:04.4

actors too.

1:05.4

And so, the Bureau and other law enforcement agencies should not want it to be the case

1:09.9

that there's insecurity in the cyber realm.

1:12.9

I'm Kayle Fogel and this is the LawFair podcast October 8, 2019.

1:19.3

Encryption and going dark splashed across the headlines in the wake of the 2015 San Bernardino

1:24.2

attack when the FBI and Apple went to court over access to an encrypted iPhone recovered

1:29.4

from one of the perpetrators.

1:31.4

Since then, little progress has been made on the encryption issue.

1:35.4

Privacy advocates and technology companies are locked in a stalemate with law enforcement.

1:39.8

With the former arguing that encryption is vital for cybersecurity and privacy, while

1:44.0

the latter has argued that law enforcement agencies need some way to lawfully access

...

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