privacy

The Issue with Encryption

The Issue with Encryption

The John Hay Initiative’s Intelligence and Cyber working groups recently convened a dialogue on U.S. law enforcement access to personal devices and new encryption technologies.  This paper captures the diverse views that ran though the discussion and presents a balanced assessment of calls for access and the associated risks.  Despite varying opinions on the wisdom of mandating access for U.S law enforcement, our working group members agreed unanimously that the public and private sectors need to jointly identify a solution that strikes a sufficient balance between privacy and security.  The paper closes with policy recommendations.

Demystifying Executive Order 12333

Demystifying Executive Order 12333

The Senate begins debate this month on renewal of the FISA Amendments Act, particularly Section 702, which authorizes our intelligence agencies to access the communications of foreign terrorists from a U.S. company with a valid court order.  Congressional debates and media analysis of the laws that govern electronic surveillance frequently cite—and mischaracterize—Executive Order 12333, the framework by which presidents of both parties have organized the worldwide activities of U.S. intelligence for more than three decades.  This paper outlines the history and main features of E.O. 12333 and describes the significant constraints it imposes on U.S. intelligence as well as the safeguards for Americans’ civil liberties that have always been part of its fabric.