Hello Jonathan:

A bit of snark, perhaps?

On no time to do research, I think it’s reasonable to reach out to a 
knowledgeable community for assistance.  The search terms of Comey, Apple, 
Google, encryption — not great.  I happen to be without real research help at 
the moment, but if there are cybersecurity and privacy folks out there, here’s 
the job posting that’s open now for a full-time job doing that with me: 
http://scheller.gatech.edu/why-scheller/work-at-tech/current-opportunities.html.

In terms of the substance, a selection of prior work:

“Encryption and Globalization” (2012):  http://ssrn.com/abstract=1960602

“From Real-Time Intercepts to Stored Records: Why Encryption Drives the 
Government to Seek Access to the Cloud” (2012), http://ssrn.com/abstract=2038871

“Going Dark vs. the Golden Age of Surveillance,” (2011): 
http://www.futureofprivacy.org/wp-content/uploads/Going-Dark-Versus-a-Golden-Age-for-Surveillance-Peter-Swire-and-Kenesa-A.pdf

Press coverage of all of that that said it was helpful: 
http://www.networkworld.com/article/2222657/microsoft-subnet/the-more-you-encrypt--the-more-the-government-breaks-into-your-cloud.html

White House briefing on change in encryption export control policy, when I 
chaired the White House Working Group on Encryption (1999): 
http://intellit.muskingum.edu/cryptography_folder/encryption2.htm

Also, the tech community has been positive toward Recommendation 29 about 
encryption in President Obama’s Review Group on Intelligence and Communications 
Technology: 
http://www.whitehouse.gov/sites/default/files/docs/2013-12-12_rg_final_report.pdf.

I don’t think it’s a sign of weakness or laziness to ask for help in crafting 
better arguments in a debate on important issues.

Cheerfully yours,

Peter




Prof. Peter Swire
Nancy J. & Lawrence P. Huang Professor
Law and Ethics Program
Scheller College of Business
Georgia Institute of Technology

240.994.4142
www.peterswire.net


From: Jonathan Wilkes <[email protected]<mailto:[email protected]>>
Reply-To: Jonathan Wilkes <[email protected]<mailto:[email protected]>>
Date: Friday, November 7, 2014 at 7:53 PM
To: liberationtech 
<[email protected]<mailto:[email protected]>>, 
Liberation Technologies 
<[email protected]<mailto:[email protected]>>
Cc: Peter Swire <[email protected]<mailto:[email protected]>>
Subject: Re: [liberationtech] Feedback for debate on encryption with former FBI 
General Counsel

So it's
a former FBI lawyer
vs.
the former FBI lawyer's friend who doesn't use SSL, doesn't have a GPG 
key/fingerprint on his site, nor really any time to do his own research on a 
foundational principle in his area of expertise.

I do not think this will end up being a very vigorous debate, but I'd very much 
love to be wrong.

Best,
Jonathan


On Friday, November 7, 2014 6:20 PM, Yosem Companys 
<[email protected]<mailto:[email protected]>> wrote:


> From: Peter Swire <[email protected]>
>
> On Monday, November 17 the New America Foundation will be hosting a debate on 
> the topic of FBI Director Comey’s criticisms of Apple and Google for the 
> encryption changes to their phones.  The moderator will be Nancy Libin, 
> formerly of both CDT and the Department of Justice.
>
> Former FBI General Counsel Andrew Weissmann will be presenting the Comey side 
> of the argument. Andrew is an experienced litigator, former head of the Enron 
> Task Force and other major prosecutions.  I was in school years ago with 
> Andrew, and the debate will be on the merits but not personal.  With that 
> said, only the best arguments will work.
>
> With that in mind, I was wondering if readers of your list might send 
> (off-list) resources to prepare for the debate?  Many people, in diverse 
> outlets, have been writing about these topics.  Although I am currently in 
> the midst of hiring a full-time researcher, I don’t have that help at the 
> moment.
>
> If useful, I could circulate a bibliography once the debate happens.
>
> For those in DC, the debate will be 4:00 to 5:30 p.m.  at New America, 
> address 1899 L St. NW #400.  it will be webcast, and may be on C-Span.
>
> Thanks,
>
> Peter
>
> Prof. Peter Swire
> Nancy J. & Lawrence P. Huang Professor
> Law and Ethics Program
> Scheller College of Business
> Georgia Institute of Technology
>
> [email protected]
> 240.994.4142
> www.peterswire.net


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