Compelled Production of Plaintext and Keys
Phillip R. Reitinger · bepress Legal Repository · 1996
While many features of computer networks that may adversely affect privacy are outside of an individual's control, the ability to encrypt information may provide computer users with near absolute privacy for the content of their communications and stored data.In part for this reason, privacy advocates suggest that universal, strong encryption is a bulwark against the intrusion of government into personal privacy. 1 Effective protections come at a price, however, because absolute privacy also protects criminals.2 Law enforcement, quite naturally, prefers a solution that protects privacy while preserving its present ability to gain access to data and communications, when authorized by law, to protect the public.'This Article will not attempt to resolve this somewhat theological debate, 4 which depends to a great degree on whether one t Trial Attorney, Computer Crime and Intellectual Property Section, Criminal Division, Department of Justice.The opinions expressed in this Article are those of the author and do not necessarily reflect the opinions of the Department of Justice or the United States Government.I would like to thank the following individuals for their thoughts, advice, and assistance