Re:Nuts and Bolts of Encryption: A Primer for Policymakers [...
by post_meridiem on Thursday February 23, 2017 @09:04PM
(#13720218)
The problem is that in the U.S., we don't have a fundamental right to privacy. Constitutional guarantees of privacy are either specific (e.g., to practice religion) or indirect (e.g., search/seizure).
But I do agree that it should be a more broadly defined fundamental right.
Re:Nuts and Bolts of Encryption: A Primer for Policymakers [...
by DarkKomunalec on Friday February 24, 2017 @03:50AM
(#13722107)
In addition to the 1st amendment problems of banning certain kinds of code, I think forcing encryption to have a backdoor could be construed as part of a search, and so run afoul of the 4th amendment. Who knows what the courts might say though - I wonder if there's any precedent...
Re:Nuts and Bolts of Encryption: A Primer for Policymakers [...
by post_meridiem on Friday February 24, 2017 @11:22AM
(#13724992)
The 4th does state that it is "The right of the people to be secure in their [...] papers [...]." I'd love to witness a judicial argument that seeks to extend this to code/binary 'goods.'
Government should not have infinite power to peer into the private lives of people.