On December 15, part one of the Clinton administration's new encryption policy will take effect. This flawed approach will continue harming technology companies while placing Americans' privacy at risk. Congress should now take matters into its own hands by enacting more sensible reforms.
Information security is an increasingly vital cog in the Internet economy.
Encryption programs, which come in various strengths, provide this security by scrambling data. But while encryption helps businesses and consumers, it also protects criminals who wish to cloak their communications. Responding to this threat, regulators have maintained strict export controls on strong encryption programs. This policy places domestic companies at a disadvantage to foreign competitors that face no such restrictions. Consequently, lawmakers have been challenged to create a new policy that helps both businesses and law enforcers.