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Harvard Laws School report says law enforcement worries over encryption may be exaggerated

  • Here is the full report from the Berkman Center for Internet & Society at Harvard Law School which found that:
  • End-to-end encryption and other technological architectures for obscuring user data are unlikely to be adopted ubiquitously by companies, because the majority of businesses that provide communications services rely on access to user data for revenue streams and product functionality, including user data recovery should a password be forgotten.
  • Software ecosystems tend to be fragmented. In order for encryption to become both widespread and comprehensive, far more coordination and standardization than currently exists would be required. • Networked sensors and the Internet of Things are projected to grow substantially, and this has the potential to drastically change surveillance. The still images, video, and audio captured by these devices may enable real-time intercept and recording with after-thefact access. Thus an inability to monitor an encrypted channel could be mitigated by the ability to monitor from afar a person through a different channel.
  • Metadata is not encrypted, and the vast majority is likely to remain so. This is data that needs to stay unencrypted in order for the systems to operate: location data from cell phones and other devices, telephone calling records, header information in e-mail, and so on. This information provides an enormous amount of surveillance data that was unavailable before these systems became widespread.
  • These trends raise novel questions about how we will protect individual privacy and security in the future. Today’s debate is important, but for all its efforts to take account of technological trends, it is largely taking place without reference to the full picture

From Don’t Panic: Making Progress on the ‘Going Dar’ Debate