U.S. Senate Judiciary Committee Chairman Lindsey Graham, along with Senators Tom Cotton and Marsha Blackburn, introduced the Lawful Access to Encrypted Data Act on Tuesday. The bill aims to ensure law enforcement can access encrypted information by requiring manufacturers of encrypted devices and operating systems to have the ability to decrypt data upon receipt of a court order—a de facto backdoor mandate.
Bill Details
The legislation states that once a warrant is obtained, device manufacturers and service providers must assist law enforcement in accessing encrypted data if it would aid execution of the warrant. The Attorney General may issue directives ordering these entities to report their ability to comply with court orders, including implementation timelines. The government would compensate reasonable costs incurred. The bill also promotes technical and lawful access training and creates a prize competition for developing lawful access solutions that maximize privacy and security.
Sharp Criticism from Experts
Riana Pfefferkorn, associate director of surveillance and cybersecurity at Stanford Law School's Center for Internet and Society, described the bill as “a full-frontal nuclear assault on encryption in the United States.” She noted it is the encryption backdoor mandate experts had dreaded, but no one had dared to introduce in the past six years of renewed crypto wars.
Andi Wilson Thompson, senior policy analyst at New America’s Open Technology Institute, called the bill “just another attack on encryption,” and argued its portrayal as a “balanced solution” is a distraction. Andrew Crocker, senior staff attorney at the Electronic Frontier Foundation (EFF), said the bill is “even more out of touch with reality than many other recent anti-encryption bills” and worse than the EARN IT Act. He warned that the bill gives the Justice Department power to demand backdoors in connection with surveillance orders in criminal and national security cases, including Section 215 of the Patriot Act.
Security and Privacy Implications
Crocker emphasized that the bill disregards user security and allows the government to use secret evidence when it claims public court proceedings would harm national security. Thompson cautioned that weakening encryption for millions of U.S. users would put them at risk, while criminals would simply migrate to other encrypted services. “The idea that an exceptional access backdoor can safely be developed solely for government use has been debunked over and over again by experts, including former senior members of the U.S. Justice Department,” she said.