Senate homeland chair: Allowing strong encryption is ‘crucial’

The chairman of the Senate Homeland Security Committee weighed in on the battle of words over encrypting personal communications on Thursday, calling it “crucial” to data protection.

“Encryption really helps protect personal information,” Sen. Ron Johnson, R-Wis., said at a cyberspace policy event at the American Enterprise Institute. “It’s crucial to that. I like the fact that if anyone gets my iPhone, they’re going to have a hard time getting into it.”

Johnson added that he would likely oppose any laws to weaken encryption, the first time he has staked out a position on the issue.

“I would say the definition of Washington, D.C., is negative unintended consequences,” Johnson said. “Is it really going to solve any problems if we force our companies to do something here in the U.S.? It’s just going to move off shore. Determined actors, terrorists, are still going to be able to find service providers that will be able to encrypt accounts.”

Following the Dec. 2 terrorist attack in San Bernardino, California, Johnson sent a letter to the Justice Department asking the agency to offer evidence the terrorists had used encrypted communication technology, but he did not offer his position on the issue. There’s been no word on DOJ’s response.

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That letter came shortly after Senate Intelligence Committee Chairman Richard Burr, R-N.C., and Ranking Member Dianne Feinstein, D-Calif., spoke critically of encryption, citing the Dec. 2 attack and the earlier one in Paris. Feinstein said they would seek to propose a law that would prevent companies such as Apple and Facebook from offering flawless end-to-end encryption. To date, there has been no word on that either.

A compromise proposal, offered by House Homeland Security Chairman Mike McCaul, R-Texas, and Sen. Mark Warner, D-Va., would create a commission on “going dark” more broadly, or the ability of terrorists to hide their activity. Burr has expressed strong disapproval of the idea. Feinstein has shown more acceptance, but suggested Congress needs to act quickly in the meantime by passing a law on encryption.

On Thursday, Johnson suggested that was typical of Washington lawmakers trying to “do something.”

“When you hear, ‘We’ve got to do something about it,’ run for the hills,” Johnson said. “I’m in the camp that the threat of Islamic terror is real, it is growing, and it has to be addressed. I’m also in the camp that our first line of defense against Islamic terrorism is an effective intelligence gathering capability. I got all that.

“I think what we have to do is lay out the reality. Take a look at whatever the proposed solution is … and is it really going to solve the problem?” he said.

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“You really ought to have hearings, employ experts … to educate the public as well as members of Congress and their staff so that we don’t pass something that does more harm than good,” Johnson added.

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