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A Positive Step in the Encryption Debate

The members of the House Encryption Working Group took on a seemingly impossible task this year when they set out to bridge the gap between the two sides of this noisy and difficult debate. That makes the result of their work – a series of balanced findings that summarizes their careful consideration of these issues – that much more important.

All sides should thank them for it, and we should pledge to work together toward responsible solutions in the next Congress.

As the Working Group notes, encryption plays a crucial role in securing the data of all Americans in our increasingly digital lives. Legislative mandates that undermine the technology would only serve to make everyone less secure. At the same time, the report recognizes – and BSA strongly supports – the important work of law enforcement in protecting our safety and pursuing criminals. To help investigators and prosecutors do their jobs, it will be important to examine new efforts at cooperation between law enforcement and the technology community and to consider new investigative tools and techniques.

The Working Group’s report is the culmination of months’ worth of work by a bipartisan group from the Energy and Commerce Judiciary committees. BSA appreciates their efforts, and we urge Congress to build on the Working Group’s thoughtful report by engaging in a broad dialogue that continues to examine all facets of the encryption debate.

We shouldn’t understate the difficult path that lies ahead. Addressing these concerns while maintaining the greatest possible security will not be an easy task. But with all sides working together, we can develop policies that ensure users the strongest possible digital security and provide law enforcement with the tools they need to keep us safe. BSA looks forward to working with Congress to finding workable solutions that protect security for everyone.

Author:

Aaron Cooper serves as Senior Vice President, Global Policy. In this role, Cooper leads BSA’s global policy team and contributes to the advancement of BSA members’ policy priorities around the world that affect the development of emerging technologies, including data privacy, cybersecurity, AI regulation, data flows, and digital trade. He testifies before Congress and is a frequent speaker on data governance and other issues important to the software industry.

Cooper previously served as a Chief Counsel for Chairman Patrick Leahy on the US Senate Judiciary Committee, and as Legal Counsel to Senator Paul Sarbanes. Cooper came to BSA from Covington and Burling, where he was of counsel, providing strategic guidance and policy advice on a broad range of technology issues.

Cooper is a graduate of Princeton University and Vanderbilt Law School. He clerked for Judge Gerald Tjoflat on the US Court of Appeals for the Eleventh Circuit.

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