Going Dark: Encryption and ICT Legislation in Response to Terrorist Attacks

• In Event: Terrorism: Multi Perspectives

Abstract

The evolving security practices of information and communication technology (ICT) companies have received considerable attention in light of the controversy over Apple’s refusal to unlock an iPhone connected to the San Bernardino shootings. The U.S. may become more receptive to encryption legislation if robust anti access measures hinder law enforcement in a future terrorist attack or criminal case. Yet, reactions were mixed in Europe following the two attacks in Paris in 2015. After the Charlie Hebdo attacks, British Prime Minister David Cameron mandated the outlaw of any app that bared government officials from accessing communication records. France, however, rejected a draft bill requiring technology companies to include backdoors that would allow officials to get around encryption measures. Encryption is not the first “going dark” problem that law enforcement agencies have faced. As officials grapple with how to obstruct terrorist organizations from leveraging encrypted communication tools, it is important to understand the deterrence value of related ICT legislation on terrorist attacks. This comparative study uses time series analysis to trace ICT legislation and terrorist attacks in France, the United Kingdom, and the United States from 1990 through 2015 to better understand the influence of communication access laws on terrorist attacks.

Author

• Suzzette Lopez Abbasciano, University of Massachusetts Lowell