Published by The Lawfare Institute
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In a recently published piece for the Hoover Institution's Aegis Paper Series, I argue that the “going dark” debate ought to be considered in the context of the larger debate over government access to data. Encryption is not the only game in town: just as law enforcement can pursue a number of different alternatives to mandating encryption backdoors, so too can privacy advocates take steps beyond encrypting their data to ensure their privacy. Acknowledging these substitutes—both for law enforcement and for privacy seekers—generates a number of insights. For example, comprehensive reform may make more sense than serial reforms, since it would allow for issue linkage and deal-making.