[liberationtech] Feedback for debate on encryption with former FBI General Counsel

[Peter Swire]

Hello Jonathan:

A bit of snark, perhaps?

On no time to do research, I think it’s reasonable to reach out to a knowledgeable community for assistance.  The search terms of Comey, Apple, Google, encryption — not great.  I happen to be without real research help at the moment, but if there are cybersecurity and privacy folks out there, here’s the job posting that’s open now for a full-time job doing that with me: http://scheller.gatech.edu/why-scheller/work-at-tech/current-opportunities.html.

In terms of the substance, a selection of prior work:

“Encryption and Globalization” (2012):  http://ssrn.com/abstract=1960602

“From Real-Time Intercepts to Stored Records: Why Encryption Drives the Government to Seek Access to the Cloud” (2012), http://ssrn.com/abstract=2038871

“Going Dark vs. the Golden Age of Surveillance,” (2011): http://www.futureofprivacy.org/wp-content/uploads/Going-Dark-Versus-a-Golden-Age-for-Surveillance-Peter-Swire-and-Kenesa-A.pdf

Press coverage of all of that that said it was helpful: http://www.networkworld.com/article/2222657/microsoft-subnet/the-more-you-encrypt--the-more-the-government-breaks-into-your-cloud.html

White House briefing on change in encryption export control policy, when I chaired the White House Working Group on Encryption (1999): http://intellit.muskingum.edu/cryptography_folder/encryption2.htm

Also, the tech community has been positive toward Recommendation 29 about encryption in President Obama’s Review Group on Intelligence and Communications Technology: http://www.whitehouse.gov/sites/default/files/docs/2013-12-12_rg_final_report.pdf.

I don’t think it’s a sign of weakness or laziness to ask for help in crafting better arguments in a debate on important issues.

Cheerfully yours,

Peter




Prof. Peter Swire
Nancy J. & Lawrence P. Huang Professor
Law and Ethics Program
Scheller College of Business
Georgia Institute of Technology

240.994.4142
www.peterswire.net


From: Jonathan Wilkes <jancsika at yahoo.com<mailto:jancsika at yahoo.com>>
Reply-To: Jonathan Wilkes <jancsika at yahoo.com<mailto:jancsika at yahoo.com>>
Date: Friday, November 7, 2014 at 7:53 PM
To: liberationtech <liberationtech at lists.stanford.edu<mailto:liberationtech at lists.stanford.edu>>, Liberation Technologies <liberationtech at mailman.stanford.edu<mailto:liberationtech at mailman.stanford.edu>>
Cc: Peter Swire <peter at peterswire.net<mailto:peter at peterswire.net>>
Subject: Re: [liberationtech] Feedback for debate on encryption with former FBI General Counsel

So it's
a former FBI lawyer
vs.
the former FBI lawyer's friend who doesn't use SSL, doesn't have a GPG key/fingerprint on his site, nor really any time to do his own research on a foundational principle in his area of expertise.

I do not think this will end up being a very vigorous debate, but I'd very much love to be wrong.

Best,
Jonathan


On Friday, November 7, 2014 6:20 PM, Yosem Companys <companys at stanford.edu<mailto:companys at stanford.edu>> wrote:


> From: Peter Swire <peter at peterswire.net>
>
> On Monday, November 17 the New America Foundation will be hosting a debate on the topic of FBI Director Comey’s criticisms of Apple and Google for the encryption changes to their phones.  The moderator will be Nancy Libin, formerly of both CDT and the Department of Justice.
>
> Former FBI General Counsel Andrew Weissmann will be presenting the Comey side of the argument. Andrew is an experienced litigator, former head of the Enron Task Force and other major prosecutions.  I was in school years ago with Andrew, and the debate will be on the merits but not personal.  With that said, only the best arguments will work.
>
> With that in mind, I was wondering if readers of your list might send (off-list) resources to prepare for the debate?  Many people, in diverse outlets, have been writing about these topics.  Although I am currently in the midst of hiring a full-time researcher, I don’t have that help at the moment.
>
> If useful, I could circulate a bibliography once the debate happens.
>
> For those in DC, the debate will be 4:00 to 5:30 p.m.  at New America, address 1899 L St. NW #400.  it will be webcast, and may be on C-Span.
>
> Thanks,
>
> Peter
>
> Prof. Peter Swire
> Nancy J. & Lawrence P. Huang Professor
> Law and Ethics Program
> Scheller College of Business
> Georgia Institute of Technology
>
> peter at peterswire.net
> 240.994.4142
> www.peterswire.net


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