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Encryption — US Legislation

Encryption protects the privacy and security of communications and stored data. Backdoors to encryption to give law enforcement privileged access to communications content can be exploited by malicious hackers and abusive governments.

Even though technologists broadly agree that end-to-end encryption (E2EE) is one of the best tools to secure data, members of Congress have proposed legislation to address social ills by undermining encryption.

For example, legislation that imposes a duty on providers of communication service to detect Child Sexual Abuse Material (CSAM) and other objectionable content, and block it and report it, can compromise E2EE. Detecting such information requires access to data that is inconsistent with the security promise of E2EE.

Savings clauses in such legislation must be carefully drawn if they are to be effective.

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