Ride the Lightning

Former FBI General Counsel Jim Baker Champions Encryption Over Backdoors

October 31, 2019

And so another chapter in this endless tug of war is written. A post from Bruce Schneier references what he calls "an extraordinary essay" by former FBI general counsel Jim Baker who strongly advocates encryption over government-mandated backdoors.

Some snippets from the essay:

"In the face of congressional inaction, and in light of the magnitude of the threat, it is time for governmental authorities­ — including law enforcement­ — to embrace encryption because it is one of the few mechanisms that the United States and its allies can use to more effectively protect themselves from existential cybersecurity threats, particularly from China. This is true even though encryption will impose costs on society, especially victims of other types of crime."

"I am unaware of a technical solution that will effectively and simultaneously reconcile all of the societal interests at stake in the encryption debate, such as public safety, cybersecurity and privacy as well as simultaneously fostering innovation and the economic competitiveness of American companies in a global marketplace."

"All public safety officials should think of protecting the cybersecurity of the United States as an essential part of their core mission to protect the American people and uphold the Constitution. And they should be doing so even if there will be real and painful costs associated with such a cybersecurity-forward orientation. The stakes are too high and our current cybersecurity situation too grave to adopt a different approach."

Bakker argues that the security value of strong encryption greatly outweighs the security value of encryption that can be bypassed. He endorses a "defense dominant" strategy for Internet security.

It is ironic that Baker led the FBI's legal case against Apple involving the San Bernardino shooter's encrypted iPhone. But I'm glad he changed his mind. In writing this essay, Baker joins the growing list of former law enforcement and national security senior officials who have come out in favor of strong encryption over backdoors, including Michael Hayden, Michael Chertoff, Richard Clarke, Ash Carter, William Lynn, and Mike McConnell.

Hat tip to Dave Ries.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
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