News Feature | January 6, 2015

Senate Bill Would Prohibit Government-Mandated Backdoors

Christine Kern

By Christine Kern, contributing writer

A new Senate bill would prohibit bypassing encryption in U.S. software and hardware with government-mandated backdoors. Called the Secure Data Act, the bill was introduced by Sen. Ron Wyden (D-OR) and is designed to protect consumers from hackers if the ability exists to compromise technology, even if intended to provide an avenue for law enforcement.

Wyden asserts that electronic backdoors are a violation of privacy rights and create a threat to U.S. cybersecurity. In a press release, Wyden explains, “Strong encryption and sound computer security is the best way to keep Americans’ data safe from hackers and foreign threats.It is the best way to protect our constitutional rights at a time when a person’s whole life can often be found on his or her smartphone.”

“And strong computer security can rebuild consumer trust that has been shaken by years of misstatements by intelligence agencies about mass surveillance of Americans,” Wylie states in the release. “This bill sends a message to leaders of those agencies to stop recklessly pushing for new ways to vacuum up Americans’ private information, and instead put that effort into rebuilding public trust.”

The Secure Data Act follows FBI director James Comey's appeal to technology vendors to cooperate with law enforcement in providing a method of accessing encrypted data on vendors' devices, according to Information Week. In an October speech, Comey argues, “There is a misconception that building a lawful intercept solution into a system requires a so-called ‘backdoor,’ one that foreign adversaries and hackers may try to exploit. But that isn't true. We aren’t seeking a backdoor approach. We want to use the front door, with clarity and transparency, and with clear guidance provided by law.”

Senator Wyden’s bill builds on a bipartisan effort in the U.S. House of Representatives, which approved an amendment in June 2014 by Reps. Thomas Massie, R-Ky., and Zoe Lofgren, D-Calif., to prohibit electronic vulnerability mandates, passing with a 293-123 vote.