Encryption Regulation: A First Amendment Perspective

Advances in technology have allowed us to move away from traditional paper-based media to the digital communications of the Internet, which has in turn created new challenges to the security and privacy of the data flowing over it. Envelopes and locked filing cabinets are being replaced by cryptographic security techniques such as encryption in an attempt to keep private information private. Through the use of cryptography, communications and information transmitted and stored by computers can be protected from unauthorized access. Previously, businesses carried out electronic transactions over closed networks and there was little doubt as to the authenticity of the sender or receiver of information. However, with businesses connecting their systems to the outside world via the Internet, the possibilities for interception of communications and theft of information have grown enormously and the need for security and confidentiality has become paramount. As no one government, corporation or person controls the Internet, it cannot be secured so individual pieces of information flowing over it must be protected, which is best done through the use of encryption. In fact, it has been suggested that the very future of E-Commerce may depend upon the use of appropriate encryption technology.