Shapiro Slams Senate Encryption Bill as 'Overreaching' Reaction
CTA President Gary Shapiro criticized Senate Intelligence Committee leaders Wednesday for pursuing controversial legislation as a means of addressing the ongoing encryption debate, saying the bill as currently written “is dangerously overreaching and technically unsophisticated.” Senate Intelligence Chairman Richard Burr, R-N.C., and committee Vice Chairwoman Dianne Feinstein, D-Calif., publicly released a discussion draft Wednesday of their bill, the Compliance with Court Orders Act. The bill would require providers of electronic communications, storage or processing services, and software or hardware manufacturers to comply with court orders to decrypt encrypted data of its users.
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Burr and Feinstein said they are seeking input from the public and stakeholders before they formally introduce the bill. “I am hopeful that this draft will start a meaningful and inclusive debate on the role of encryption and its place within the rule of law,” Burr said in a news release. “Based on initial feedback, I am confident that the discussion has begun. We remain eager to sit down and discuss a way forward with all who are willing to engage constructively on this critically important and challenging issue.”
Shapiro urged lawmakers to pursue legislation that adequately balances between protecting Internet users' privacy and combating terrorism. In the absence of “sane and sensible congressional action,” companies should continue to maintain their responsibility to protect their customers, Shapiro said during a Media Institute event. He previously has said DOJ's decision to abandon its attempt to legally compel Apple to create software-defeating software for the iPhone doesn't resolve larger questions about the appropriate balance between privacy and security (see 1603300010).
Shapiro urged tech stakeholders to have a “national dialogue” on how to maintain constitutional rights to free speech and privacy while also addressing the “overarching need' to protect the U.S. against terrorism. The tech sector should continue to cooperate with law enforcement in fighting against terrorism, but the most effective way for companies to mitigate the threat is via continued innovation on technologies like facial recognition software and biometrics, Shapiro said. Innovation on such technologies “can co-exist” with strong consumer privacy protections, he said.
Shapiro aligned himself Wednesday with Sen. Ron Wyden, D-Ore., and others who criticized framing the encryption debate as a battle between privacy and security. The debate is “not about choosing security or choosing privacy, it's about choosing less security or more security,” Shapiro said. He referenced the draft Compliance with Court Orders Act as an example of a knee-jerk reaction to the debate. Shapiro highlighted the Securing Participation, Engagement and Knowledge Freedom by Reducing Egregious Efforts Act (HR-2304) and other legislation that would create a national law to curb strategic lawsuits against public participation as congressional action to protect free speech. Internet users “shouldn't get a slap on the hand” when they review a business online, Shapiro said.