While the crypto wars continue, we would like to remind everyone of two very convincing facts for the pro encryption side:

✅ 1. Encryption can't be outlawed

✅ 2. Backdoors for the good guys only are impossible

Here is our stance on the ongoing crypto wars:

@Tutanota Not sure what the basis is for #1.

I suppose if I were to get pedantic enough, maybe I could agree with it. Like if having encryption without an escrow key (e.g., one that someone in the government holds) were only legal by government entities or if using software that existed before the bill was passed into law... and the possession, transfer, or manufacture of new nonconforming code were a felony... one could argue that encryption was still not outlawed.

@Tutanota Don't get me wrong, a law like that seems terrible, but the idea that something like that would be impossible to pass would need some evidence to back it up. In the US, the federal gov't has the ability to regulate interstate (and international) commerce. There's really no question about their ability to pass something like this.

Would encryption be legal if all communications were within a state? Maybe, but there's precedent for feds regulating intrastate affairs too.

@Tutanota Now an argument that outlawing encryption not actually solving the problem at hand, that makes perfect sense. But that is not the same as not being able to outlaw it.

What are you talking about with (1)?

Harassing, imprisoning or killing people who use encryption is very certainly possible. It can certainly be outlawed. It might be hard to completely stop/prevent it, just like other forms of resistance. But it certainly can be made illegal and suppressed.

encryption + stenography can't ban it. Banning encryption is like saying from now on multiplication or math is banned. Good luck enforcing that.

encryption, law and enforcement 

@Divert @Tutanota

There is an important difference between banning something and the ability and methods to enforce a ban.

(math) education in the 70's for instance was banned by the state/British. This required a violent struggle to make it available again to the people.


encryption, law and enforcement 

@Divert @Tutanota

Just banning something even-though though not (fully) enforceable does stop people because of the risk-assessment they make with getting caught. When the consequences are severe, you're less likely to use it for basic things. OpSec is never 100%, so never fully risk free and people are very aware of that when making choices.

People still wait for traffic lights, even though there is no traffic and no cops visible. It's the law...

@Tutanota that bald-ish fellow looks like Batmans butler Alfred

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