Encryption and the Speech Surplus: Building a Backdoor to the First Amendment

Last August, China’s quantum satellite, Micius, flared into space, marking a new era in the encryption technology race.[1] The satellite, which is said to be the first of its kind, harnesses the power of quantum mechanics to facilitate hack-proof communications.[2] Quantum communications is still in its nascent stages of development, but if Micius proves successful, China’s space program would rightfully be considered the apogee of cryptographic achievement. Meanwhile, in the United States, the Government is attempting to force domestic technology firms to weaken their encryption technology.[3] Specifically, the Government is requesting technology firms such as Apple and Google to install so-called “backdoors” into their devices as a means of granting law enforcement officials access to encrypted devices that may contain information that is relevant to a criminal investigation.[4] Apple and others have vehemently opposed these requests.[5]The prelude to this controversy began in December 2015 with the San Bernardino terrorist massacre. After the shooting that injured 22 and killed 14 occurred, the FBI recovered the shooter’s iPhone 5C, which was equipped with Apple’s iOS 9 operating system.[6] Despite obtaining a search warrant, the FBI was unable to search the phone because it was locked with a user-determined numeric passcode.[7] The FBI was… Read full this story

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