Moving the Encryption Policy Conversation Forward

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Headings…
Moving the Encryption Policy Conversation Forward
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Introduction
Pursuing a More Constructive Dialogue on Encryption and Law Enforcement Acc
Starting Points
Focus on Mobile Phone Encryption Promises More Productive Discussion
Hypothetical Description of How Law Enforcement Access Might Look in Practi
Mobile Phone Proposals Should Be Evaluated Against Adherence to Core Princi
Mobile Phone Proposals Should Be Tested Against a Variety of Use Cases to C

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to engage in and promote a more pragmatic and constructive debate on the benefits and challenges of the increasing use of encryption; to identify specific areas where greater common ground may be possible; and to propose potentially more fruitful ways to evaluate the societal impact, including both benefits and risks, of any proposed approaches that address the impasse over law enforcement access to encrypted data.
Although in many cases we reinforce some of the findings of the NAS study, our paper delves more deeply into one particular component of the debate—that on mobile phone encryption—and details a more specific approach to evaluating proposals focusing on law enforcement access to encrypted mobile phones.
In this paper, we do not rule out any way forward regarding law enforcement access to encrypted mobile phones, nor do we endorse or propose any specific technical approach or legislation or mandates.
Many groups have published principles and key considerations related to the debate over law enforcement access to encrypted data.
Encryption has taken a central role in much of the public debate, but other policies and practices also affect law enforcement’s ability to obtain data sought for investigations.9 These include accessing data in the cloud and on internet-of-things devices, use of communications metadata, law enforcement hacking, obtaining timely and full compliance with court orders and other legal process in situations not involving encryption, as well as such legal and policy tools as mutual legal assistance treaties, personnel and resource levels, and policies on how government hacking is handled (for example, the vulnerabilities equities process).
Two computer scientists released separate preliminary approaches for how law enforcement might gain access to data stored on mobile phones while attempting not to undermine cybersecurity for all users.12 Many in the computer security community are skeptical of these and similar approaches

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