Renewed Crypto Wars? (CRS Report for Congress)
| Release Date |
Feb. 9, 2016 |
| Report Number |
IN10440 |
| Report Type |
Insight |
| Authors |
Finklea, Kristin M. |
| Source Agency |
Congressional Research Service |
Summary:
Technology has been evolving at a rapid pace, presenting both opportunities and challenges for U.S. law enforcement. On the one hand, some contend that technology developments have resulted in a 'golden age of surveillance' for law enforcement; the large amount of information that investigators have at their fingertips--access to location data, information about individuals' contacts, and a range of websites--collectively form 'digital dossiers' on individuals. On the other hand, some argue that law enforcement is 'going dark' as their capabilities are outpaced by the speed of technological change, and thus they cannot access certain information they are authorized to obtain. Strong encryption, for instance, has been cited as one such innovation contributing to law enforcement's going dark issue. While the tension created by changing technology is not new, it was reinvigorated in 2014 as technology companies like Apple and Google began implementing automatic enhanced encryption on mobile devices and certain communications systems. Companies using such strong encryption do not maintain 'back door' keys and therefore cannot unlock, or decrypt, the devices--not even when presented with an authorized wiretap order. Concerns about the lack of back door keys were highlighted by the November and December 2015 terrorist attacks in Paris, France and San Bernardino, CA. Questions arose as to whether the attackers used strong encryption and, more importantly, if they did, whether this prevented law enforcement and intelligence officials from identifying the attackers and potentially thwarting the attacks. These questions have reopened discussions on how encryption and quickly advancing technologies could impact law enforcement investigations.
