Congress should require that law enforcement obtain a probable-cause warrant to access communications cloud service providers store.

To Do: Require Probable Cause to Access Communications Stored in the Cloud

ITIF hosted a discussion on the implications of current legislative proposals, the efficacy and feasibility of creating “backdoors” for law enforcement to access encrypted data, and the impact these requirements would have on law-abiding American citizens and businesses.

The Problem With Banning End-to-End Encryption

A commonsense fix would be for the bill to only require companies to comply with lawful court orders when doing so is technically feasible, says Daniel Castro in The Hill.

The One Change That Would Make the Burr-Feinstein Encryption Bill Tenable

Law enforcement argues that “warrant-proof” encryption presents a unique and urgent threat by preventing them from accessing user data. But history shows that government efforts to subvert encryption would negatively impact individuals and businesses. As such, banning the technology is not the answer.

Why New Calls to Subvert Commercial Encryption Are Unjustified

Congress should reform the Electronic Communications Privacy Act (ECPA) to ensure citizens have a right to privacy for electronic data whether it is stored on a device or remotely in the cloud.

To Do: Reform ECPA to Ensure Privacy Rights Apply to the Cloud

ITIF Senior Analyst Daniel Castro reviews a ruling that provisions of the Stored Communications Act allowing law enforcement access to email without a warrant are unconstitutional.

Court Rules Users Have Expectation of Privacy in the Cloud

At this event, ITIF will discuss a new report that analyzes the current proposals put forth to address the “going dark” problem. Following a presentation on the report, panelists will offer their reactions and discuss how policymakers can harness the benefits of encryption and put in place policies that both encourage advances in cryptography and protect the rule of law.

Decoding the Encryption Dilemma: A Conversation on Backdoors, Going Dark, and Cybersecurity

Effort would invade privacy, extend government overreach, and hurt US tech companies.

To Do: Hold Suspects in Contempt of Court When They Refuse to Disclose Encryption Keys for Secured Data

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Editors’ Recommendations

Unlocking Encryption: Information Security and the Rule of Law

Related

To Do: Require Probable Cause to Access Communications Stored in the Cloud

The Problem With Banning End-to-End Encryption

The One Change That Would Make the Burr-Feinstein Encryption Bill Tenable