The encryption discussion in Washington has been locked in a polarized stalemate for months — with loud voices on distant ends deeply dug in.
Encryption is a complex issue that affects a range of global stakeholders, from governments to businesses to individuals. The ideal solution needs to consider all legitimate sides of the argument and can only be achieved through open dialogue. It is time for this stalemate to end.
To move the conversation forward, BSA | The Software Alliance has developed a set of Encryption Principles, to be used by governments around the world to evaluate proposals on encryption in a balanced way. These principles frame a comprehensive approach to address the important needs of global cybersecurity, public safety, and personal privacy and prosperity.
Much of the recent coverage on encryption has centered on preventing terrorist attacks. The challenges confronting law enforcement as they work to keep us safe should not be underestimated, but we cannot examine this issue from a single point of view. There are consequences to undermining encryption. Although weakening encryption may help law enforcement investigate specific crimes in the short term, we shouldn’t lose sight of the significant long-term harm that could come from compromising these defenses.
Our national, state, and local governments rely on encryption to secure sensitive information. Data service providers also use encryption technology to protect private personal and business data, such as addresses and financial profiles. Banking, health, electricity, water, and other critical infrastructure providers depend on encryption to guard their operations. Encryption plays an integral part in guaranteeing the safety of online data that affects our day-to-day lives.
With the next Administration and Congress coming to Washington in January, industry and policymakers have an opportunity for a renewed focus on this issue. Let’s stop viewing the encryption debate as a competition with winners and losers. Only by engaging in collaborative discussions will we discover a solution that doesn’t undermine the security of everyone. BSA is prepared to evaluate any proposed legislation, regulation, or policy on encryption to determine if it meets these needs. We look forward to continuing the conversation.
To learn more about the BSA Encryption Principles, visit www.bsa.org/encryptionprinciples.
Tags: cybersecurity data encryption policy privacy
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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