Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Standard

Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate. / Davis, Peter Alexander Earls.

Rule of Law. ed. / Jane Reichel; Mauro Zamboni; Lydia Lundstedt. Vol. 69 Stockholms Universitet Juridiska Institutionen, 2023. p. 313-342 (Scandinavian Studies in Law, Vol. 69).

Research output: Chapter in Book/Report/Conference proceeding › Book chapter › Research › peer-review

Harvard

Davis, PAE 2023, Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate. in J Reichel, M Zamboni & L Lundstedt (eds), Rule of Law. vol. 69, Stockholms Universitet Juridiska Institutionen, Scandinavian Studies in Law, vol. 69, pp. 313-342.

APA

Davis, P. A. E. (2023). Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate. In J. Reichel, M. Zamboni, & L. Lundstedt (Eds.), Rule of Law (Vol. 69, pp. 313-342). Stockholms Universitet Juridiska Institutionen. Scandinavian Studies in Law Vol. 69

Vancouver

Davis PAE. Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate. In Reichel J, Zamboni M, Lundstedt L, editors, Rule of Law. Vol. 69. Stockholms Universitet Juridiska Institutionen. 2023. p. 313-342. (Scandinavian Studies in Law, Vol. 69).

Author

Davis, Peter Alexander Earls. / Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate. Rule of Law. editor / Jane Reichel ; Mauro Zamboni ; Lydia Lundstedt. Vol. 69 Stockholms Universitet Juridiska Institutionen, 2023. pp. 313-342 (Scandinavian Studies in Law, Vol. 69).

Bibtex

@inbook{e7ba3350979441f989f514ccf44636ce,
title = "Rule of Law Rhetoric in Encryption's {\textquoteleft}Going Dark{\textquoteright} Debate",
abstract = "Encryption{\textquoteright}s {\textquoteleft}going dark{\textquoteright} debate concerns the availability and seamless use of strong forms of encryption to the general public, and its negative effects on law enforcement and intelligence agencies. In debating appropriate regulatory approaches, commentators typically reach for a privacy vs security heuristic: agencies tend to advance policies that privilege security over privacy, and their critics advance the opposite. However, critics of encryption have recently used {\textquoteleft}rule of law{\textquoteright} rhetoric to bolster arguments that more needs to be done to curb encryption{\textquoteright}s perceived harms. This paper discusses whether such invocations of the {\textquoteleft}rule of law{\textquoteright} are disingenuous political rhetoric, or are worthy of attention given understandings of the rule of law paradigm in present-day discourse.",
keywords = "Faculty of Law, encryption, privacy, going dark, rule of law, Surveillance",
author = "Davis, {Peter Alexander Earls}",
year = "2023",
language = "English",
volume = "69",
series = "Scandinavian Studies in Law",
publisher = "Stockholms Universitet Juridiska Institutionen",
pages = "313--342",
editor = "Jane Reichel and Mauro Zamboni and Lydia Lundstedt",
booktitle = "Rule of Law",

}

RIS

TY - CHAP

T1 - Rule of Law Rhetoric in Encryption's ‘Going Dark’ Debate

AU - Davis, Peter Alexander Earls

PY - 2023

Y1 - 2023

N2 - Encryption’s ‘going dark’ debate concerns the availability and seamless use of strong forms of encryption to the general public, and its negative effects on law enforcement and intelligence agencies. In debating appropriate regulatory approaches, commentators typically reach for a privacy vs security heuristic: agencies tend to advance policies that privilege security over privacy, and their critics advance the opposite. However, critics of encryption have recently used ‘rule of law’ rhetoric to bolster arguments that more needs to be done to curb encryption’s perceived harms. This paper discusses whether such invocations of the ‘rule of law’ are disingenuous political rhetoric, or are worthy of attention given understandings of the rule of law paradigm in present-day discourse.

AB - Encryption’s ‘going dark’ debate concerns the availability and seamless use of strong forms of encryption to the general public, and its negative effects on law enforcement and intelligence agencies. In debating appropriate regulatory approaches, commentators typically reach for a privacy vs security heuristic: agencies tend to advance policies that privilege security over privacy, and their critics advance the opposite. However, critics of encryption have recently used ‘rule of law’ rhetoric to bolster arguments that more needs to be done to curb encryption’s perceived harms. This paper discusses whether such invocations of the ‘rule of law’ are disingenuous political rhetoric, or are worthy of attention given understandings of the rule of law paradigm in present-day discourse.

KW - Faculty of Law

KW - encryption

KW - privacy

KW - going dark

KW - rule of law

KW - Surveillance

UR - https://www.scandinavianlaw.se/wp-content/uploads/2023/05/Foreword-and-Table-of-Contents-Volume-69.pdf

M3 - Book chapter

VL - 69

T3 - Scandinavian Studies in Law

SP - 313

EP - 342

BT - Rule of Law

A2 - Reichel, Jane

A2 - Zamboni, Mauro

A2 - Lundstedt, Lydia

PB - Stockholms Universitet Juridiska Institutionen

ER -

ID: 370120789