WASHINGTON, DC - The Oversight and Investigations Subcommittee, chaired by Rep. Tim Murphy (R-PA), today held a hearing entitled, “Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives." Members examined the intersection of the benefits associated with strong encryption and the needs of law enforcement. The subcommittee heard from various members of the law enforcement community highlighting the obstacles encryption has created when it comes to tracking down criminals.
Amy Hess, Executive Assistant Director for Science and Technology at the FBI, noted, “We must continue the current public debate about how best to ensure that privacy and security can co-exist and reinforce each other, and continue to consider all of the legitimate concerns at play, including ensuring that law enforcement can keep us safe."
Captain Charles Cohen, Commander of Intelligence and Investigative Technologies for the Indiana State Police, stated, “I have grave concerns that within the next several years, if nothing changes, we will substantially lose our ability to conduct Internet crimes against children investigations as a direct result of the ubiquity with which encryption is being built by default into devices, operating systems, and online communications systems."
Chief of Intelligence Thomas Galati at the New York City Police Department added, “It is critical that we work together to fight crime and disorder, because criminals are not bound by jurisdictional boundaries nor industry standards. They are increasingly aware of the safety net that warrant-proof encryption provides them, however, and we must take responsibility for what that means."
Additionally, representatives from the technology community discussed many of the benefits associated with, strong, secure encryption.
Search and metadata Bruce Sewell, General Counsel of Apple, Inc, testified, “As you heard from our colleagues in law enforcement, they have the perception that encryption walls off information to them. But technologists and national security experts don’t see the world that way. We see a data-rich world that seems to be full of information. Information that law enforcement can use to solve - and prevent - crimes."
Daniel J. Weitzner, Principal Research Scientist, MIT Computer Science and Artificial Intelligence Lab and Director of the MIT Internet Policy Research Initiative, discussed potential paths Congress can take to address the debate surrounding encryption, saying, “Congress can find constructive paths forward with careful analysis of specific cases in which law enforcement faces roadblocks, and recognition that any surveillance requirements imposed by courts or legislatures have to scale up to hundreds or thousands of providers… Increased transparency and privacy protection under law will help assure that surveillance authorities are subject to effective accountability, committed to respect for user privacy and protection of the underlying security of the global information infrastructure."
Chairman Murphy confers with subcommittee counsel
Chairman Murphy commented, “This is a core issue of public safety and ethics - and it requires a very thoughtful approach. Access to secure technologies beyond the reach of law enforcement no longer requires coordination or sophistication. It is available to anyone and everyone. At the same time, however, as more of our lives become dependent on the internet and information technologies, the availability of widespread encryption is critical to our personal, economic, and national security. It is time to begin a new chapter in this battle - one which I hope can ultimately bring some resolution to the war."
Energy and Commerce Committee Chairman Fred Upton (R-MI) concluded, “It is important that we move beyond the ‘us versus them’ mentality that has encompassed this discussion for too long. This debate is not about picking sides - it is about evaluating options. From the technology perspective, there is no doubt strong encryption is a benefit to society. From the law enforcement perspective, while strong encryption helps protect information and lives, it also presents a serious risk to public safety. In order for Congress to successfully ‘confront this issue,’ it will require patience, creativity, courage, and most importantly, cooperation."
An archived webcast, background memo, and witness testimony can be found online HERE. Related Items
* Upton, Pallone, Goodlatte, Conyers Announce Bipartisan Encryption Working Group
* HEARING: #SubOversight to Examine Ongoing Encryption Debate NEXT WEEK
* Deciphering the Debate Over Encryption: Industry and Law Enforcement Perspectives
* Witnesses Announced for Energy and Commerce Encryption Hearing
See Also
* The Encryption Debate
* Upton Sets the Record Straight on Encryption Debate
