Law Commons^™

The Right To Data Encryption, Steven W. Schlesinger, Dr. Shlomit Yanisky-Ravid

San Diego Law Review

Technology drives our society, and we are data-dependent as a people. Though the legal system in the United States lacks neither basic protections nor methods to address data protection-related issues, this Article proposes an essential and more robust alternative.

This Article introduces the prevalence and reliance on data and stored information, noting the growing need for a better balance between enabling users’ ability to access encryption tools and the threats and concerns from a governmental perspective for malicious use of encryption tools for criminal and terror purposes.

The Article first recounts a brief history of encryption, focusing on its growing …