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1 1 (January 2016)

handle is hein.amenin/aeiaamo0001 and id is 1 raw text is: ver the last year, Americansf aced revelations about the National Security Agency's (NSA) telephone metadata collection program, thesavageterrorist attack in Paris, and the husband-wife terrorist attack in San Bernardino. Each raised serious questions about the government's use and misuse of data, the effectiveness of data-analysis programs, and law enforcement's technological limits in tracking terrorist activities. With the24-hour newscycleand social media outlets, policymakers and punditsarequick to take to the airwaves to show outrage, demand changes, and hold hearings. Rarely do these actions lead to smart government reforms, and in some casesthey produce lawsthat go beyond actions the federal government has historically taken. There isareal risk policymakerswill crosssuch a line on the issue of encryption.' Some have suggested Congress should mandate that private- sector companiescreatevulnerabilities in their software to allow law enforcement access to encrypted communications. Such a mandate would be unprecedented and apossible overcorrection that does more long-term harm than good. At the same time, the status quo makes law enforcement's job of protecting us nearly impossible. Before Congress acts, a robust debate must occur so policymakers can make the soundest decision possible. Therefore, anational commission of experts should analyze the issues involved in encryption and provide Congress and the president with recommendations on how best to protect private- sector equitieswhilegiving law enforcement the necessary tools to protect us from increasingly sophisticated terrorists.2 Because both law enforcement and the private sector have legitimate concerns over how best to move 1 AMERICAN ENTERPRISE INSTITUTE