Biblical Worldview Assignment Instructions
1
Annotated Bibliography
Tamika S. Bouldin
Liberty University
CJUS 540
Thesis Statement: Private companies engaged in commerce within the borders of the United States should (or should not) be compelled to provide “back doors” to law enforcement to circumvent proprietary encryption coding.
Annotated Bibliography
Castro, D., & McQuinn, A. (2016). Unlocking Encryption: Information Security and the
Rule of Law. Information Technology and Innovation Foundation.
In this scholarly article, Castro and McQuinn (2016) observes that the continued improvements information security practices, especially in the utilization of encryption to safeguard the confidentiality of information, can potentially improve the overall security of customers and business enterprises. However, as commodities get securer for customers and firms, it is getting harder for law enforcement agencies to easily access and oversee some data that can possibly help them to deter or investigate criminal activities such as terrorism. This problem has paved the way for one of the most challenging policy dilemmas of the information era, because encryption not only enhances security for customers and business organizations, but it also makes it more challenging for government authorities to protect them from other sophisticated forms of threat. According to Castro and McQuinn (2016), there is need to address this complex dilemma. Therefore, the government can make any choice engaging in a trade off with businesses.
Finklea, K. M. (2016). Encryption and the" going Dark" Debate. Congressional Research
Service.
In this scholarly work, Finklea (2016) notes that the constantly changing technology provides opportunities and challenges in equal measure for U.S law enforcement agencies. Different forms of technological revolutions have opened a treasure trove of information of knowledge for investigators and analysts. Others, opines the other hand, pose distinct challenges. Although some observers opine that law enforcers now enjoy access to more data than in the past, a group of scholars argue that law enforcement is being kept in the dark on matters of access to data. To them, this problem is primarily attributed to the fact that technological revolution has radically outpaced law enforcers’ speed of technological change. These challenges for law enforcers include strong, end-to-end encryption, providers’ limits on data retention, bounds on firms’ technological abilities to offer specific data points to law enforcement, and the tools that facilitate anonymity online. Therefore, law enforcers may not effectively perform investigations when they lack access to data.
Stein, J. (2017). Security versus security: balancing encryption, privacy, and national
Security (Thesis, University of Texas).
Debates on whether the government should access classified corporate data has been simmering over the last few decades. In this scholarly work, Stein (2017) analyzes the existing controversies over encryption policy. After careful assessment of possible solutions to ‘going dark’ as well as analyzing the cost and benefits of each option, the researcher found exceptional access to information to be more harmful than helpful. In the contemporary information society, there appears to be no leading solution to the ongoing dark problem. Nonetheless, Stein (2017) observes that exceptional access to data and communication is a simple answer to a simple challenge. According to Stein (2017) the task of going dark is an uphill one, and as such, requires multifactorial and clearly defined solutions. The utilization of complex encryption tools forces people who listen such as the FBI or CIA to be much more targeted. When it comes to the going dark discourse, governments have not fully won the access battle.
Soghoian, C. (2010). Caught in the cloud: Privacy, encryption, and government back doors
in the web 2.0 era. J. on Telecomm. & High Tech. L., 8, 359.
The strength of information security mechanisms has increased in the face of introduction of could computing systems. In the last decade, customers, companies, and governments have moved their data to the cloud at a fast pace. In the process have embraced web-based applications and storage solutions by organizations that may include Amazon, Google and Microsoft. However, Soghoiran (2010) notes that the radical shift to cloud computing needlessly exposes different user groups to privacy and confidentiality invasions by fraudulent groups of people such as hackers. Cloud computing technologies have also rendered end users incapable of amending the protection of a person’s private files and documents. According to Soghoian (2010), such real risks and threats related to the cloud computing approach to data protection are never communicated to end user groups. Therefore, consumers are rendered unable to make real and informed decisions. In light of the above, the researcher calls for the need for government monitoring of oud data stored by such firms.
Tashea, J. (2018). Cat-and-mouse game: Customers demand cybersecurity, law
enforcement wants easier access to evidence. ABA Journal, 10, 1
The tussles between government regulators and businesses over complete access to their information systems have intensified and are not likely to end any soon. In this journal article, Tashea (2018) described the sophisticated security control measures that have been introduced by companies, which outwit government regulators. In what the author terms as a ‘cat and mouse’ game, the article describes the iPhone’s encryption tool as one that has become a puzzle to Indiana State police officers. Armed with the GrayKey, police officers have a technology has the capacity to circumvent iPhone passwords and encryption. Therefore, the police agency was eventually able to plug into dozens of iPhones in their possession and gather previously unattainable data for an ongoing investigation. According to Tashea (2018), communciaiton technologies are increasingly making it more challenging for law enforcers to collect evidence, both technically and through service of legal procedures. Therefore, companies are being urged to cooperate with law enforcers to provide meaningful data for criminal procedures.
Harvard Law Review. (2020). Digital Duplications and the Fourth Amendment.
(2016). Harvard Law Review, 129(4), 1046–1067.
The legal dimension of government’s clamor for corporate data has been a subject of discussion in the face of widespread terrorism and technological advancements. In this article, Harvard Law Review (2020) explores the extent to which such issues are related to the Fourth Amendment. The phenomenal growth and spread of digital data in the 21st century has been both a blessing and a curse for law enforcers. On one hand, this development has paved the way for a golden age of surveillance due to the increasing amounts of data that is available regarding the actual and possible lawbreakers. On the other hand, the government is faced with large volumes of data to sort through and filter out least relevant ones. The task of searching such ever-increasing haystack requires government regulators to embrace different approaches such as algorithmic queries. However, these approaches are increasingly sparking debates on whether the government is violating the fourth amendment.
Murphy, M. H. (2016). Technological solutions to privacy questions: what is the role of
law?. Information & Communications Technology Law, 25(1), 4-31.
The solution to the unending division in opinion between corporations and government law enforcers have never been reached on matters related to sharing of crucial data. In this scholarly work, Murphy (2010) proposes technological interventions to privacy and confidentiality problems related to governments’ access to corporate information. Despite the widespread acknowledgement of privacy as a fundamental human right, it is sometimes criticized as an anachronistic value in the contemporary society. Although the prominence of this perspective has reduced in the wake of the Snowden revelations and expanded public concern with online privacy, government supporters are still persistent in clamoring for support when they are depicted as competing with national security, safety, as well as socioeconomic progress. According to Murphy (2016), technological advancements pose major threats to right to privacy. As a consequence, there have been renewed interests in technological interventions to privacy problems. As such, the author explore the existing privacy debates through the lenses of multiple stakeholders in order to determine possible technological solutions.
Mayer, J. (2017). Government hacking. Yale LJ, 127, 570.