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The Lawfare Podcast

The Lawfare Podcast: Mike Janke on Encryption, Going Dark, and Corporate Social Responsibility

The Lawfare Podcast

The Lawfare Institute

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

4.76.4K Ratings

🗓️ 14 August 2015

⏱️ 44 minutes

🧾️ Download transcript

Summary

Last week, Ben posted five hard questions to both government and industry regarding encryption and the "going dark" debate. We posed these questions and more on the issues of technology, public policy and corporate responsibility to Mike Janke, co-founder and Chairman of Silent Circle, an international company that sells a platform of devices and services with built-in privacy-by-design. As a former Navy SEAL, Mr. Janke, who previously was CEO and founder of a private security company, offers a unique perspective with respect to the equities of law enforcement and other government officials who have a mandate to keep people safe, individuals' right to privacy, and corporate duties to protect intellectual property and customer data.

One thing that listeners will likely take away from the interview is that law enforcement has a long way to go before convincing sophisticated industry participants that the FBI or other government entities are not actually technically capable of accessing the communications or devices they need in a pinch. Janke also makes a compelling case for why companies should be wary of the cybersecurity risks posed by communications or storage services or products that are capable of being decrypted. And yet, we identify what just might be a fault line between tech leaders' claims that end-to-end encryption is necessary to address the privacy concerns of everyday users, and the reality of who is the real market for a secure platform, at least in Silent Circle's recent experience. And we leave open the door as to whether there is room in the debate to carve out some middle ground when innocent victims are in harms way.

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Transcript

Click on a timestamp to play from that location

0:00.0

The following podcast contains advertising to access an ad free version of the LawFair

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 no bull,

0:27.2

and the aftermath.

0:32.2

And a lot of people, probably a lot of your listeners and readers focus on law enforcement,

0:40.4

government or hackers.

0:42.3

When the reality is, the largest pervers of data theft in the world are the giant technology

0:50.1

firms and hardware and telcos.

0:53.4

They get more data from you, from your device than any NSA.

1:00.7

And that device allows all the other apps you have to send data.

1:07.2

If you have Facebook or Twitter, they take about 32 pieces of data every day from your device.

1:14.6

I'm Carrie Quidero and this is the LawFair podcast, August 15, 2015.

1:21.3

That was the voice of Mike Janky, the chairman and co-founder of Silent Circle.

1:27.2

As regular LawFair readers and listeners know, this site has hosted a good amount of dialogue

1:32.6

in recent weeks and months on the so-called going dark issue.

1:37.1

The discussion has been prompted in large part by FBI director Comey who has warned that

1:41.8

the mass appointment of end-to-end encryption on commercially available devices and services

1:47.7

is or will very soon keep the FBI from investigating and possibly preventing terrorist acts and

1:54.4

other violent crimes.

1:56.5

Academics, technologists, privacy activists and in some cases, industry leaders have pushed

2:01.6

back against any no-sional proposal that the US government should mandate access to

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