Leaders of the Senate Intelligence Committee on Monday announced that seven law enforcement organizations had endorsed a draft legislative proposal being circulated on device security.
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“They’re the ones on the front lines who see how warrant-proof encryption can harm investigations and jeopardize prosecutions,” Ranking Member Dianne Feinstein, D-Calif., said in a statement. “Encrypted communication shouldn’t be off limits to law enforcement when there is a court order. No individual or company is above the law.”
The endorsements are desperately needed for the bill’s sponsors. The Compliance with Court Orders Act, introduced this month, has been widely panned by civil liberty and technology groups as technically unworkable and philosophically misguided.
Endorsements came from the National District Attorneys Association; the Major County Police Chiefs Association; Major Cities Police Chiefs Association; the FBI Agents Association; the International Association of Chiefs of Police; New York City Police Commissioner William Bratton; and Manhattan District Attorney Cyrus Vance, Jr.
Though none of the endorsements is new, they give the legislation’s authors a much-needed basis for trying to push forward. The proposal would suggest that companies should not create products that are technologically impossible to access. Though no new penalties would be imposed by the bill, critics have said it is overly broad, and in legal effect, would technically prohibit even certain basic methods of transmitting information.
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Advocates say the proposal represents a step toward helping law enforcement work more effectively. “I’ve spent the better part of the last year exploring the challenges associated with criminal and terrorist use of encrypted communications,” said Intelligence Committee Chairman Sen. Richard Burr, R-N.C.
“Our draft legislation requires entities to provide law enforcement with data in a readable format when served with a court order,” Burr added. “Law enforcement can then conduct informed investigations using the communications involved in criminal and terrorist activities. I’m appreciative of their support.”
