Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate
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Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate. / Davis, Peter Alexander Earls.
Rule of Law. red. / Jane Reichel; Mauro Zamboni; Lydia Lundstedt. Bind 69 Stockholms Universitet Juridiska Institutionen, 2023. s. 313-342 (Scandinavian Studies in Law, Bind 69).Publikation: Bidrag til bog/antologi/rapport › Bidrag til bog/antologi › Forskning › fagfællebedømt
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TY - CHAP
T1 - Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate
AU - Davis, Peter Alexander Earls
PY - 2023
Y1 - 2023
N2 - Encryption’s ‘going dark’ debate concerns the availability and seamless use of strong forms of encryption to the general public, and its negative effects on law enforcement and intelligence agencies. In debating appropriate regulatory approaches, commentators typically reach for a privacy vs security heuristic: agencies tend to advance policies that privilege security over privacy, and their critics advance the opposite. However, critics of encryption have recently used ‘rule of law’ rhetoric to bolster arguments that more needs to be done to curb encryption’s perceived harms. This paper discusses whether such invocations of the ‘rule of law’ are disingenuous political rhetoric, or are worthy of attention given understandings of the rule of law paradigm in present-day discourse.
AB - Encryption’s ‘going dark’ debate concerns the availability and seamless use of strong forms of encryption to the general public, and its negative effects on law enforcement and intelligence agencies. In debating appropriate regulatory approaches, commentators typically reach for a privacy vs security heuristic: agencies tend to advance policies that privilege security over privacy, and their critics advance the opposite. However, critics of encryption have recently used ‘rule of law’ rhetoric to bolster arguments that more needs to be done to curb encryption’s perceived harms. This paper discusses whether such invocations of the ‘rule of law’ are disingenuous political rhetoric, or are worthy of attention given understandings of the rule of law paradigm in present-day discourse.
KW - Faculty of Law
KW - encryption
KW - privacy
KW - going dark
KW - rule of law
KW - Surveillance
UR - https://www.scandinavianlaw.se/wp-content/uploads/2023/05/Foreword-and-Table-of-Contents-Volume-69.pdf
M3 - Book chapter
VL - 69
T3 - Scandinavian Studies in Law
SP - 313
EP - 342
BT - Rule of Law
A2 - Reichel, Jane
A2 - Zamboni, Mauro
A2 - Lundstedt, Lydia
PB - Stockholms Universitet Juridiska Institutionen
ER -
ID: 370120789