[20210222]IF11769_执法与技术：“合法获取”之争.pdf

https:/crsreports.congress.gov February 22, 2021Law Enforcement and Technology: the “Lawful Access” DebateTechnological advances present both opportunities and challenges for U.S. law enforcement. For example, some developments have increased the quantity and availability of digital content and information for investigators and analysts. Some observers say law enforcements investigative capabilities may be outpaced by the speed of technological change, preventing investigators from accessing certain information they may otherwise be authorized to obtain. Specifically, law enforcement officials cite strong, end-to-end encryption, or what they have called warrant-proof encryption, as preventing lawful access to certain data. Companies employing such strong encryption have stressed they do not hold encryption keys. This means they may not be readily able to unlock, or decrypt, the devices or communicationsnot even for law enforcement presenting an authorized search warrant or wiretap order. Front Door or Back Door Access Rhetoric around the encryption debate has focused on the notion of preventing or allowing back door access to communications or data. Many view a back door as the ab