> “ Here, some argue that, to achieve at best a slight incremental improvement in security, it is worth imposing a massive cost on society in the form of degraded safety. This is untenable.“
I’d suggest if they really want to push this line of reasoning, then we should also abolish the 2nd amendment. It is there in order to revolt against the government. But it’s place also degrades the security of the country, as evidenced by the constant shooting and mass shootings that occur in American life.
Encryption is much the same way. It protects individuals against government spying, whatever their situation may be. And these products exist not just for the US, but are made by Americans for export with the American ideal of individual liberty in mind. If we remove that, it’ll get moved for China, Burma, Russia, etc.
The 2A and crypto have been linked for a long time. The original crypto fight in the 90s was over exportable encryption (because it was listed along with munitions and other ITAR-restricted items).
One idea I saw floated around the time of the San Bernadino iPhone was arguing that encryption is protected by the second amendment as a means to not having to fight against backdoored encryption every few years. I don't have the case law familiarity with the 2A & encryption to say if it would go well but I did find it a fun idea.
Edit: I should add that this would be in addition to the clear 1A protection code and therefore encryption has.
I’d suggest if they really want to push this line of reasoning, then we should also abolish the 2nd amendment. It is there in order to revolt against the government. But it’s place also degrades the security of the country, as evidenced by the constant shooting and mass shootings that occur in American life.
Encryption is much the same way. It protects individuals against government spying, whatever their situation may be. And these products exist not just for the US, but are made by Americans for export with the American ideal of individual liberty in mind. If we remove that, it’ll get moved for China, Burma, Russia, etc.
It’s quite a price to pay for society.