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Civil liberties vs national security in the encryption debate: Exceptional access and the trust deficit

Author

Listed:
  • Bieber, Brittany
  • Sultan, Ahmad
  • Nacht, Michael
  • Rashid Diya, Sabhanaz

Abstract

This paper analyses the challenges of reconciling the need for strong data privacy technologies with the US Federal Government’s demand for access to encrypted data to combat national security threats — a concept known as ‘exceptional access’. Using the 2015 San Bernardino terrorist attack as a jumping-off point, this research combines public statements and arguments made for and against exceptional access to reveal a widening trust deficit between technologists and law enforcement authorities. The paper highlights specific intersections of policy and technology which have led to this increasing gulf and provides recommendations for how the gulf can be bridged to promote constructive dialogue between the two groups.

Suggested Citation

  • Bieber, Brittany & Sultan, Ahmad & Nacht, Michael & Rashid Diya, Sabhanaz, 2019. "Civil liberties vs national security in the encryption debate: Exceptional access and the trust deficit," Cyber Security: A Peer-Reviewed Journal, Henry Stewart Publications, vol. 2(4), pages 360-386, June.
    • Handle: RePEc:aza:csj000:y:2019:v:2:i:4:p:360-386
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    More about this item

    Keywords

    exceptional access; encryption; crypto wars; data privacy; going dark;
    All these keywords.

    JEL classification:

    • M15 - Business Administration and Business Economics; Marketing; Accounting; Personnel Economics - - Business Administration - - - IT Management

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