In a short primer about the problems of encryption, former Department of Homeland Security senior official Matt Mayer, now an AEI fellow, discusses the issue:
- On one side, the fact is that law enforcement officials cannot get access to encrypted data and therefore can neither track terrorists who use this technology, nor keep the public safe.
- On the other side, technology companies have created this special encryption technology in answer to the various hacking scandals and Snowden revelations about the NSA. They do not wish to be forced to create a backdoor to their products — be it a cell or a tablet for example — making their software and the personal information it contains more vulnerable.
Mayer proposes the creation of a national commission to delve into the problem and issue recommendations on how best “to balance law enforcement’s needs while protecting liberty.” The commission would have a six-month mandate to form, investigate, and recommend solutions to the problem, and (like the 9/11 Commission) would be composed of ten appointed members: two by congressional Democrats, two by congressional Republicans, one by President Obama, four congressionally appointed members from the technology sector, and one jointly appointed by Congress and a civil liberties group.
Mayer notes: “I’m not trying to punt the [encryption] issue as [has been] done in the past with “blue ribbon” commissions. My hope is that a commission like the 9/11 Commission can fully analyze the problem with all stakeholders participating so we can arrive at the least-worst solution.
… We have the opportunity to dig into the issue to determine as best we can where the pendulum should rest. It is vital we take advantage of this opportunity to minimize government intrusion into core private-sector market strategy and decision making. At the same time, it is paramount that the men and women charged with keeping us safe have the necessary tools to do so.”
Read the full report: National commission on terrorists’ use of technology is needed
To arrange an interview with Matt Mayer, please contact AEI media services at mediaservices@aei.org or 202.862.5829.
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