How important is the encryption debate? The debate over encryption is intense and heated in some circles, but it is not a major concern for the vast majority of people in the United States. Most people I talk to believe its regulation has little consequence or is too complicated to take a stand on. In fact, the prevailing opinion I encounter is that it is an area best left to the experts who understand its capabilities, uses and dangers. Even if no one really trusts the government, in the face of the various bogeymen invoked by law enforcement as justification for protecting people, most people have difficulty taking a stand and talking about the inviolability of their right to privacy. How can I justify my concerns about personal privacy in the face of the specters of kidnappers, terrorists and drug lords? Why fuss if you have nothing to hide anyway? Why insist on upholding seemingly irrelevant principles in the face of national security concerns? The reason is that the principles fueling this heated debate are some of the foundational principles that shaped our nation. This nation was created by the will of revolutionaries who challenged the principles of government (or lack thereof) imposed on the colonies. After fighting a bloody war to secure independence, the colonies were transformed into a nation of states according to Federalist principles. It was a government with limited powers and sovereignty that bore the mark of its creators' distrust of overly centralized government. The Bill of Rights was added to further confirm those federalist principles and to guarantee the rights of the people before their government. These rights are the pillars on which the United States was built and has prospered. ... half of the paper ... traffic analysis that may be even more meaningful than census information. Where will people go next? This is how the government stays one step ahead, instead of trying to shape policy through polls, it takes note of our patterns of choices and plans accordingly. What does free market cryptography really give us in response? The power to communicate as freely as we did before technological advances undermined those abilities. The Fourth Amendment was designed to limit the government's power to intrude on the privacy of its citizens, not to grant privileges to law enforcement. Just as the framers of the Constitution expected to be free of surveillance over their documents and communications, the power of encryption can help restore balance. And once we do, maybe we'll realize that we had more in common with Paine and Jefferson than we think.
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