Wyden Vows To Block Proposals That May 'Weaken Strong Encryption'
Sen. Ron Wyden, D-Ore., on Wednesday criticized a DOJ proposal to alter its Federal Rule of Criminal Procedure 41 to allow federal judges to issue warrants for remote searches of computers outside their jurisdictions. Rule 41 currently severely limits federal judges' ability to issue search warrants outside their court districts. Wyden said at AccessNow's RightsCon summit that he will work via the Senate “to block plans that would threaten to weaken strong encryption,” calling both Justice's proposal and expected legislation from Senate Intelligence Committee leaders that would require tech firms to decrypt data under court orders “lose-lose” propositions.
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Wyden sought support Wednesday for his Secure Data Act (S-135) and a “digital age” compact on privacy and security that would in part seek the overhaul of the third-party doctrine “to make clear [that] individuals do not lose their privacy rights” because they share personally identifiable information with a company. Wyden's compact would also seek at least three congressional hearings each year on the privacy implications of surveillance laws. S-135 would bar the federal government from requiring companies to build back doors into their security software.
Wyden likened the current data security debate to the debate over the Supreme Court's 1966 Miranda ruling, noting that the ruling “did not lead to the end of law enforcement” in the U.S. despite “dire warnings” from politicians and prosecutors. Wyden disputed the framing of the debate over data security, saying it's “not about choosing security or choosing privacy. It is about choosing less security or choosing more security.” Privacy advocates' job “is to convince the public" that politicians' claims about the data security debate aren't true, he said.
Wyden drew support Wednesday from U.N. and Netherlands officials. UNESCO Assistant Director General-Communication and Information Frank LaRue cautioned against any governmental limitations on the right to privacy or freedom of expression, saying such laws will ultimately “weaken security.” “If we want safe nations, we must have more private, more secure, more free and more democratic countries,” he said. The Netherlands believes “it's not desirable to limit the development, availability and use of encryption,” Special Envoy-Cyberspace Uri Rosenthal said. The Netherlands views the Internet as a “common good and a public space,” he said.