Apple, the Government, and You: Security and Privacy Implications of the Global Encryption Debate
In 2013, ex-NSA contractor Edward Snowden leaked information that revealed the extent to which several countries, including the United States, developed a global surveillance system capable of collecting and sharing a massive amount of information. A direct consequence of the Snowden disclosures was the public backlash against large technology companies, who in turn strengthened security measures on consumer smartphones to reduce unauthorized government access. Apple, in particular, designated itself as the company that prioritizes user security and privacy above all, and now boasts some of the strongest encryption measures on the consumer market. This Note addresses the new problem that arose from this development: the clash between law enforcement, which desires probative evidence from encrypted smartphones and entities (including technology companies and users), who have a vested interest in the protection of the data. Described as the “Going Dark” problem or the “Encryption Debate,” this Note explores this tension in various jurisdictions and offers important considerations in how a country might ultimately resolve it.
Rafita Ahlam, Apple, the Government, and You: Security and Privacy Implications of the Global Encryption Debate, 44 Fordham Int'l L.J. 771 (2021).