From: International Association of Chiefs of Police
Recognizing the challenges posed to public safety by encrypted communications, the International Association of Chiefs of Police (IACP) has partnered with the National District Attorneys Association (NDAA) to press for immediate action to address this critical threat and urge public officials and industry leaders to work with law enforcement to develop solutions that will help protect the public.
The proliferation of sophisticated encryption technology and other technological barriers have increasingly hindered law enforcement’s ability to lawfully access criminal and terrorist related communications. The inability of law enforcement to overcome these barriers (known as “Going Dark”) has already led to numerous instances where investigators were unable to access information that could have allowed them to successfully investigate and apprehend criminals or prevent terrorists from striking.
In response to this growing problem, earlier this year, the IACP convened a Law Enforcement Summit on “Going Dark” to help identify legal, technical, and operational concerns associated with the issues surrounding the gathering and use of data related to communications and mobile devices. A broad array of law enforcement leaders, investigators, and subject matter experts participated in the summit.
The summit report, which can be viewed here, reviews the current capabilities of law enforcement agencies, the impact that technological advances are having on law enforcement investigations, and the role of industry in this debate. The summit report also makes clear that our laws have failed to keep pace with new technology and that urgent and immediate action needs to be taken.
To that end, the IACP and NDAA are calling for legislative changes to the Communications Assistance for Law Enforcement Act (CALEA), FCC rules and the Electronic Communications Privacy Act (ECPA) in order to bolster our public safety efforts. We are committed to finding a solution to this critical issue, which balances the needs of the law enforcement community with protecting the public’s right to privacy.
This issue is complex, and there are many that are uninformed of the challenges being faced by law enforcement in this digital age. We look forward to, with your assistance, educating lawmakers and the public and to working to strengthen our current laws to ensure that they are representative of today’s technology and the challenges public safety officials face in preventing crime and safeguarding their communities.
Terrence M. Cunningham, IACP President
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