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The Constitution and Encryption Regulation: Do We Need a 'New Privacy'?

3 N.Y.U. J. Legis & Pub. Pol. 25 (1999-2000).

14 Pages Posted: 21 Jan 2016 Last revised: 3 Feb 2016

A. Michael Froomkin

University of Miami - School of Law

Date Written: 2000

Abstract

This essay is an extended version of remarks at a conference at NYU on privacy issues. It first characterizes the legal and constitutional regulation of encryption as fundamentally permissive domestically but restricted internationally via export control rules. Those rules, however, are being challenged in a trio of court cases which raise serious challenges to the export control regime. Furthermore, it is increasingly clear that encryption is necessary to protect privacy in the face of new technological capacities to monitor speech and behavior. It concludes with a warning: if you cannot be anonymous, everything you do can potentially be tracked.

Keywords: encryption, encryption law, encryption regulation, constitutional law

Suggested Citation

Froomkin, A. Michael, The Constitution and Encryption Regulation: Do We Need a 'New Privacy'? (2000). 3 N.Y.U. J. Legis & Pub. Pol. 25 (1999-2000).. Available at SSRN: https://ssrn.com/abstract=2719006

A. Michael Froomkin (Contact Author)

University of Miami - School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
305-284-4285 (Phone)
305-284-6506 (Fax)

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