November 19, 1998
At this time, law enforcement organizations and the national security community were at odds with businesses and privacy interest groups over the future of encryption policy. For example, the US Drug Enforcement Agency was seeking ways to deal with encrypted drug trafficking messages, while at the same time businesses were complaining that current regulations on encryption technology were so restrictive that they were unable to compete in the global market.
Congress was debating legislation to give more privacy protection to individuals by allowing increased use of encryption technology by private citizens. The resolution encountered strong opposition from the F.B.I. and the Justice Department. In addition to legislative action, two federal district courts arrived at opposing holdings regarding the constitutional protection afforded to encryption technology.
Panel I: The Future of Encryption Technology in Business and Law Enforcement
Ronald Noble
Professor
New York University School of Law
Marc S. Friedman
Partner, Friedman Siegelbaum
Adjunct Professor, Seton Hall Law School
Jack L. Rohmer
Assistant to the Special Agent in Charge
United States Secret Service
Barry Smith
Supervisory Special Agent — Unit Chief
Federal Bureau of Investigation
Panel II: The Constitutional Ramifications of Governmental Regulations on Encryption Technology
Yochai Benkler
Professor
New York University School of Law
A. Michael Froomkin
Professor
University of Miami School of Law
David Goldstone
Trial Attorney, Computer Crime & Intellectual Property Section
United States Department of Justice
Eben Moglen
Professor
Columbia University Law School