Matters of trust, privacy and security: An examination of the technical, legal and social principles and values of encryption

Abstract

Encryption is a complex, multifaceted and enigmatic technology. From a technical standpoint, encryption underpins the confidentiality, integrity and authenticity of computer data and information systems. At the same time, from the perspective of law and society, its use can hinder the ability of governments to investigate and prosecute crimes and protect national security and public safety. The conflict between information security and privacy on one side and national security and law enforcement on the other has been debated since the so-called Crypto Wars in the United States in the 1990s and the issues seem intractable. Is there a way to balance or reconcile these competing principles and values?

In this workshop (which will be given at the IEEE TrustCom 2019 in Rotorua, New Zealand, from 5-8 August 2019), we will present the results of our research on the principles and values of encryption in New Zealand. In our presentation, we will summarise the key technical principles and rules that underlie encryption. We will then relate this to the legal rules that apply to encryption. There is a common belief that, aside from export control rules, encryption is not subject to regulation. Based on our research, we found that encryption is in fact already regulated by various laws. We will discuss what these laws are and how they impact the development, implementation and use of encryption. Finally, we will discuss how people in New Zealand prioritise and understand the fundamental principles and values of encryption (most especially trust) and how these can be reflected in any proposed encryption laws and policies.