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A man walks inside the Apple store in Hong Kong on October 10, 2019.

App Stores as Back-Doors for Government Regulation of End-to-End Encryption

App stores make natural chokepoints for de facto government regulation, without the long and politically expensive process of legislation. But the privacy and security implications…

The House Intelligence Committee’s Section 702 Bill is a Wolf in Sheep’s Clothing

Image: Acting FBI Director Andrew McCabe, Deputy AG Rod Rosenstein, DNI Daniel Coats, and NSA Director Adm. Michael Rogers testify before the Senate Intelligence Committee on the…
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The High Standard of Proof in the Encryption Debate

Since the November 13 terrorist attacks in Paris set off another around of debate about exceptional access, a lot of ink has been spilled on the subject of whether or not there…
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Cryptopanic and James Comey’s Xanatos Gambit

For the past year or so I’ve been part of a cybersecurity working group at Harvard’s Berkman Center that on Monday released its first public report, Don’t Panic: Making Progress…
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America’s Muddled Approach to Fighting ISIS

Last month, the Los Angeles Times ran a story that helped highlight one facet of the muddled thinking afflicting the US government’s campaign against ISIS: While the military…
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James Comey’s Default-Encryption Bogeyman

FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from…
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Cy Vance’s Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities

Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s…
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Cross-Border Data Requests: A Response to Greg Nojeim

Editor’s note: This post also appears on Lawfare. Last week on Lawfare, Greg Nojeim responded to — and raised a set of questions about — our proposed framework for dealing…
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Cross-Border Data Requests: A Proposed Framework

Editor’s note: This post also appears on Lawfare. We’ve both written and spoken extensively (for example, here, here, here, here, and here) about issues related to cross-border…
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It’s Time to End the “Debate” on Encryption Backdoors

Yesterday, on Lawfare, FBI Director James Comey laid out his concern that the growing adoption of strong encryption technologies will frustrate law enforcement’s ability to conduct…
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Transcript: FBI Director Says Authors of Encryption Letter Are Uninformed or Not Fair-Minded

Earlier today, FBI Director James Comey implied that a broad coalition of technology companies, trade associations, civil society groups, and security experts were either uninformed…
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Security “Front Doors” vs. “Back Doors”: A Distinction Without a Difference

Thursday, FBI Director James Comey delivered a talk at the Brookings Institution, titled “Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?” His…
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