Congress of the United States
‘Blashington, BE 20515
September 30,2015
Dr. Ralph Cicerone
President
National Academy of Sciences
Dear Dr. Cicerone:
We write to respectfully request the National Academy of Sciences undertake a renewed study of erypteraphic policy
_and the implication ofthe broad adoption of strong encryption for messaging and disk encryption. Such a study, building
‘on work the Academy has pevicusly done, would be of great use to policymakers in Congress and the Administration
‘vo are vesling with technical y and legally complex issues arising from encryption which have subsantil implications
for privacy, security, and the US. economy.
In 1993, Congress tasked the Academy to study the effect of eryptographic technologies on national secunty law
‘enforcement, consumes, andthe commercial interests ofthe United States. The resulting repr entitled "Cryprography's
‘Role in Securing the Information Society," helped to inform this debate and set US. policy towards encryption fr decades
‘Twenty yeas later there is once aun an active discussion about the national security and law enforcentent implications
of widely available and used strong encryption. Though no specific legislative solution hasbeen propos, many lw
enforcement oficial, including #1 Director James Comey, have suggested technology providers should maintain access
for vali law enforcement and national security purposes in response to legal process. In response privy advocates and
‘major technology companies hase expressed vocal opposition tothe concept of enabling exceptional access nto encrypted
devices and communications frlaw eaforcement snd national security purposes, even subject to egal proces,
Inligh ofthe renewed debate, an its implications for security, privacy, and the economy, we espectflly request hat he
‘Academy undertake a new study of encryption, updating its previous inquiry ro account for developments in information
technology over the past two decades. Among the questions thatthe Academy's expertise could help paicymakers
evaluate include:
+ How has encryption developed since the Academy's previous report?
+ What has led tothe broad adoption of strong encryption, and what are the benefits and costs ofthis trend?
+ Isitpossible to design a secure system that provides acess to encrypted dat for law enforcement and
‘ational security when needed? How might sucha system be designed?
+ What are the atendant risks of enabling law enforcement access? How might those risks be mitigated?
+ What are the ends and policies regarding encryption in other nations around the word, at how should
those inform the pl cy debate in the United States?
+ Ae there potential solutions to the problems posed by eneryption for law enforcement and national security
that have not Been considered by policymakers?
We believe the Academy's status as an expert, non-governmental entity places i in a unique potion to inform his timely
and important debate, We appreciate your consideration of this request and look forward to working wi you on this
important issue
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