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Accepting Director Comey’s Call for a Public Debate on Encryption

FBI Director James Comey published a column on July 6, 2015, calling for a robust public debate about the benefits and costs of strong encryption that protects users’ privacy and overall network security. I join Director Comey in that call.

The law enforcement community has raised legitimate concerns about their ability to access information stored electronically.  Our member companies are fully committed to the important mission of law enforcement in keeping Americans safe and investigating criminal activity, and stand ready to do their part. But companies need both clarity about their obligations and the freedom to innovate to meet users’ demands. And we need to ensure that responsibilities imposed on technology companies do not endanger the security of our users’ information, or endanger network security more broadly.

Director Comey writes that the problem with strong encryption is it makes it easier for “bad people” to communicate.  This may well be true, and is a good reason for a public dialogue. Yet as we discuss this issue, let’s remember that encryption also is what empowers good people in repressive regimes to spread freedom and hope. It is what protects our bank records, our health records, and other personal information. And, it is what we need to fend off cyberattacks. If we require tech companies to create “back doors” into our technology, we will be weakening our defenses and providing a gift to cyber-criminals.

The issues involved in encryption are complex and require consideration of all sides. Just today a group of prominent cryptographers published a very detailed reported warning against back doors and other ways to weaken encryption. “Keys Under the Doormat” should be mandatory reading for all of us.

As Director Comey prepares to testify before the Senate, I encourage him to focus on solutions that maintain our network security and users’ personal information.

Author:

Victoria Espinel is a global leader advancing the future of technology innovation.  

As CEO of BSA | The Software Alliance, Victoria has grown the organization’s worldwide presence in over 30 countries, distinguishing BSA as the leader for enterprise software companies on issues including artificial intelligence, privacy, cybersecurity, and digital trade. She launched the Digital Transformation Network and the Global Data Alliance, flagship BSA initiatives to further BSA’s collaboration with 15+ industry sectors globally. Victoria founded Software.org, the enterprise software industry’s nonprofit partner that educates policymakers and the public about the impact of software and careers within the industry. 

Victoria serves on President Biden’s National Artificial Intelligence Advisory Committee (Chair of the International Working Group), served as a member of the President’s USTR Advisory Committee for Trade Policy and Negotiations (ACTPN), and chaired the Future of Software and Society Group at the World Economic Forum. She is a lifetime member of the Council on Foreign Relations. 

 Victoria has testified on multiple occasions before the US Congress, European Parliament, and Japanese Diet. Victoria speaks frequently to groups about AI, cybersecurity, and STEM education, including Latinas in Tech, Girls Rule the Law, the Congressional Staff Hispanic Association, Women’s Congressional Staff Associations, Girls Who Code, EqualAI, CSIS, and numerous academic institutions. She has been featured in a wide range of media outlets, including New York Times, Washington Post, Financial Times, Forbes, C-SPAN, BBC, Bloomberg Business, The New Yorker, and NPR. 

Prior to BSA, Victoria was confirmed by the US Senate to serve as the first White House “IP Czar,” establishing a new office in the White House and advising President Obama on intellectual property. She also served in the Bush Administration as the first chief US trade negotiator for intellectual property and innovation, a role in which she created the office of Intellectual Property and Innovation at USTR and led negotiations with over 70 countries. 

Victoria launched Girls Who Code’s Washington, DC summer program and serves on the Board of Directors for ChIPs, a nonprofit organization advancing women in technology law and policy. 

She holds an LLM from the London School of Economics, a JD from Georgetown University Law School, and a BS in Foreign Service from Georgetown University’s School of Foreign Service. She is a native of Washington, DC, and the proud proprietor of Jewel of the South, a restaurant in New Orleans. 

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