Much of the debate around encryption and government’s access to encrypted data was guided by the FBI’s ultimately successful attempts to get access to an iPhone belonging to one of the perpetrators of the San Bernardino, California, mass shooting.
But as legal, privacy and law enforcement experts noted in the New York City Bar Association-sponsored panel, “The Battle over Data Encryption: Where Privacy, Business and Security Collide,” the complexities of encryption run deeper. And often, decisions on encryption require consideration of legislation, constitutional factors and the history of the practice of encryption.
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