Mike McConnell, former director of the National Security Agency and director of national intelligence, Michael Chertoff, former homeland security secretary, and William Lynn, former deputy defense secretary, write: More than three years ago, as former national security officials, we penned an op-ed to raise awareness among the public, the business community and Congress of the serious threat to the nation’s well-being posed by the massive theft of intellectual property, technology and business information by the Chinese government through cyberexploitation. Today, we write again to raise the level of thinking and debate about ubiquitous encryption to protect information from exploitation.
In the wake of global controversy over government surveillance, a number of U.S. technology companies have developed and are offering their users what we call ubiquitous encryption — that is, end-to-end encryption of data with only the sender and intended recipient possessing decryption keys. With this technology, the plain text of messages is inaccessible to the companies offering the products or services as well as to the government, even with lawfully authorized access for public safety or law enforcement purposes.
The FBI director and the Justice Department have raised serious and legitimate concerns that ubiquitous encryption without a second decryption key in the hands of a third party would allow criminals to keep their communications secret, even when law enforcement officials have court-approved authorization to access those communications. There also are concerns about such encryption providing secure communications to national security intelligence targets such as terrorist organizations and nations operating counter to U.S. national security interests.
Several other nations are pursuing access to encrypted communications. In Britain, Parliament is considering requiring technology companies to build decryption capabilities for authorized government access into products and services offered in that country. The Chinese have proposed similar approaches to ensure that the government can monitor the content and activities of their citizens. Pakistan has recently blocked BlackBerry services, which provide ubiquitous encryption by default.
We recognize the importance our officials attach to being able to decrypt a coded communication under a warrant or similar legal authority. But the issue that has not been addressed is the competing priorities that support the companies’ resistance to building in a back door or duplicated key for decryption. We believe that the greater public good is a secure communications infrastructure protected by ubiquitous encryption at the device, server and enterprise level without building in means for government monitoring. [Continue reading…]