The Five Eyes — the intelligence consortium of the rich English-speaking countries (the US, Canada, the UK, Australia, and New Zealand) — have issued a “Statement of Principles on Access to Evidence and Encryption” where they claim their needs for surveillance outweigh everyone’s needs for security and privacy.
…the increasing use and sophistication of certain encryption designs present challenges for nations in combatting serious crimes and threats to national and global security. Many of the same means of encryption that are being used to protect personal, commercial and government information are also being used by criminals, including child sex offenders, terrorists and organized crime groups to frustrate investigations and avoid detection and prosecution.
Privacy laws must prevent arbitrary or unlawful interference, but privacy is not absolute. It is an established principle that appropriate government authorities should be able to seek access to otherwise private information when a court or independent authority has authorized such access based on established legal standards. The same principles have long permitted government authorities to search homes, vehicles, and personal effects with valid legal authority.
The increasing gap between the ability of law enforcement to lawfully access data and their ability to acquire and use the content of that data is a pressing international concern that requires urgent, sustained attention and informed discussion on the complexity of the issues and interests at stake. Otherwise, court decisions about legitimate access to data are increasingly rendered meaningless, threatening to undermine the systems of justice established in our democratic nations.
To put it bluntly, this is reckless and shortsighted. I’ve repeatedly written about why this can’t be done technically, and why trying results in insecurity. But there’s a greater principle at first: we need to decide, as nations and as society, to put defense first. We need a “defense dominant” strategy for securing the Internet and everything attached to it.
This is important. Our national security depends on the security of our technologies. Demanding that technology companies add backdoors to computers and communications systems puts us all at risk. We need to understand that these systems are too critical to our society and — now that they can affect the world in a direct physical manner — affect our lives and property as well.
This is what I just wrote, in Click Here to Kill Everybody:
There is simply no way to secure US networks while at the same time leaving foreign networks open to eavesdropping and attack. There’s no way to secure our phones and computers from criminals and terrorists without also securing the phones and computers of those criminals and terrorists. On the generalized worldwide network that is the Internet, anything we do to secure its hardware and software secures it everywhere in the world. And everything we do to keep it insecure similarly affects the entire world.
This leaves us with a choice: either we secure our stuff, and as a side effect also secure their stuff; or we keep their stuff vulnerable, and as a side effect keep our own stuff vulnerable. It’s actually not a hard choice. An analogy might bring this point home. Imagine that every house could be opened with a master key, and this was known to the criminals. Fixing those locks would also mean that criminals’ safe houses would be more secure, but it’s pretty clear that this downside would be worth the trade-off of protecting everyone’s house. With the Internet+ increasing the risks from insecurity dramatically, the choice is even more obvious. We must secure the information systems used by our elected officials, our critical infrastructure providers, and our businesses.
Yes, increasing our security will make it harder for us to eavesdrop, and attack, our enemies in cyberspace. (It won’t make it impossible for law enforcement to solve crimes; I’ll get to that later in this chapter.) Regardless, it’s worth it. If we are ever going to secure the Internet+, we need to prioritize defense over offense in all of its aspects. We’ve got more to lose through our Internet+ vulnerabilities than our adversaries do, and more to gain through Internet+ security. We need to recognize that the security benefits of a secure Internet+ greatly outweigh the security benefits of a vulnerable one.
We need to have this debate at the level of national security. Putting spy agencies in charge of this trade-off is wrong, and will result in bad decisions.
Cory Doctorow has a good reaction.
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