Encryption Originalism

[jim bell]

https://www.justsecurity.org/77383/encryption-originalism/
Earlier this year, testifying before the Senate Judiciary Committee, FBI Director Chris Wray described the most pressing security threats facing his agency. Unsurprisingly, his opening statement led off with a mention of the Jan. 6 insurrection at the Capitol and the broader problem of rising domestic extremism. Yet Wray then devoted more than twice as many words—nearly a quarter of his prepared remarks—to the problem of strong encryption. (The new preferred label is apparently “user-only-access” encryption, a modest improvement over the tendentious “warrant-proof encryption.”) Wray would later attempt to link the two issues, insinuating that the failure to adequately prepare for the Capitol riot was attributable to the insurrectionists’ use of encrypted communications platforms.
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