Leaked Anti-Encryption Bill Would Undermine the Privacy and Free Speech Rights of Americans

WASHINGTON — On Thursday evening, a draft text of the “Compliance with Court Orders Act of 2016” was reportedly leaked by the offices of Sens. Richard Burr and Dianne Feinstein. As drafted, the legislation would require any individual or company to comply with any U.S. court order and hand over data to authorities, including data that is encrypted or made “unintelligible” by other means.

If passed, the bill would effectively outlaw the kinds of user-controlled and end-to-end encryption that is now being used by millions of Americans and in the billions of devices that run encrypted messaging services.

Free Press Action Fund Policy Counsel Gaurav Laroia made the following statement:

“The leaked draft shows that the Compliance with Court Orders Act of 2016 would undermine any technology that helps secure people’s private communications. It’s a massive overreach by Senators Burr and Feinstein, who appear to have forgotten the rights guaranteed to Americans under the Constitution.

“Our right to communicate in private is being threatened by the very people Americans rely on for these protections. Burr and Feinstein lead the Senate Select Committee on Intelligence, which is supposed to defend the rights of everyday Americans and prevent overreach from the intelligence community.  

“If this dangerous bill passes, it would outlaw not just end-to-end encrypted communications but also the tools that protect our information from criminals, hackers and foreign governments working to undermine the security of millions of people and businesses. Our right to privacy should extend beyond in-person conversations to include communications made via the Internet and wireless networks. Encryption is the tool that makes this possible.

“This bill would subvert encryption and violate the privacy rights we hold dear. It would also chill political speech, silencing those who fear their dissenting views would cause them to be targeted.”