[hanse00]

This again?

Making effective encryption that lets law makers access our data, isn't just "hard" in the traditional sense. I'm willing to bet it's impossible (At least with the kinds of technologies we'll have in my life time).

Yes the cops can get a warrant for our doors, why not our computers? Because cryptography isn't an efing wooden door. They are not the same. Get it.

It's not like all of silicone valley hates lawmakers (Although many do), it's that they're asking for unicorns and pixie dust.

[qeqeqeqe]

Why is a search warrant on electron data not comparable to a search warrant for some physical documents?

[hanse00]

Because they aren't the same kind of "thing". Data isn't manifested in physical space in the same way as "my house" is.

For one, my home is in one physical place. A bad actor needs to at least get to me, to... you know, get to me. With my data, if it's open to be seen, it's open to people in China, Russia, and on the moon as well. It's not limited to my government.

Second: When the police are given a warrant to my house, I can be there, and I can observe that only actual police officers are entering my home. Data doesn't have any kind of global logging and auditing system like that. Any particular system may or may not log or audit access, but it's not a sure thing. Once it's accessible, once again, I have no way of knowing who actually accessed it.

Third: As WiseWeasel mentioned, I would argue that in the modern world, having access to my data isn't like having access to my home. It's like having access to my mind. My phone knows everything: My intimate conversations with my wife, where I go shopping, what I buy, what my political opinions are, every single photo I've taken in the last 10 years (Which in large part means: Knowing every single place I've been in the last 10 years), my financial transactions, and much more.

If the cops cannot get a search warrant to forcibly read my mind, I don't think it's reasonable they should be able to see my data either.

Fourth: It encroaches on the privacy of others. Generally speaking a warrant for my stuff, is because I am suspected of things. My neighbor isn't also searched because they happen to be near me. But plenty of the data in my life (Especially in the context of conversations) isn't just my data, it's the data of my conversation partner too. Who is now having their data investigated, without knowing it at all (And depending on where they are from, do the local cops in my own even have jurisdiction over the data of my friend in Europe?).

I could go on, but I think I've made my point: Data is not "a thing", it's an entirely different plane of existence. And we need lawmakers that understand that, and are ready to tackle the real challenges that it undoubtedly is, to write reasonable legislature about data.

What we currently have, is a bunch of people trying to fit this new square data peg, into their existing round hole legislature.

[pensatoio]

Perhaps it’s a gross oversimplification, but I imagine there will come a day when we can finally interface our brains directly with computers. When that day comes, what will prevent those in power from getting a warrant for your brain? This is the logical end of the road breaking encryption leads to. Just like the metaphor of opaque walls, this too should have an obvious answer to the layman.

[hanse00]

I sure hope I don't live if / when that time comes.

[pensatoio]

I'm with you there!

[WiseWeasel]

As our personal devices increasingly augment our capabilities, we will only feel more violated when their access is beyond our control.

[upofadown]

It is if the physical documents are hidden somewhere in a vast area. A search warrant isn't magic, it can't find the documents.