Fall 1998 Symposium – The Role of Encryption Technology in Business, Law Enforcement, and Constitutional Analysis

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
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
New York University School of Law

A. Michael Froomkin
University of Miami School of Law

David Goldstone
Trial Attorney, Computer Crime & Intellectual Property Section
United States Department of Justice

Eben Moglen
Columbia University Law School

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