Encryption Policy and Law Enforcement in the Cloud

Abstract

This article argues that U.S. law concerning government access to data at rest and data in motion is inadequate in the era of encryption and cloud computing. The article suggests that, contrary to the claims of some encryption advocates, provisions that would allow government access to encrypted data at rest held by cloud service providers are necessary and appropriate. However, the article further proposes changes to the Stored Communications Act that would strike a better balance between privacy and security in the cloud.

Keywords: encryption, stored communications act, electronic communications privacy act, wiretap, cloud computing