Law, Metaphor and the Encrypted Machine
Explore the complex legal and philosophical implications of encryption technology in this thought-provoking conference talk. Delve into the metaphors used to describe and legislate modern encryption, examining historical models and competing narratives. Analyze how courts and lawmakers conceptualize encrypted devices and the potential consequences for civil liberties, commercial interests, and human rights. Gain insights into the FBI v Apple debate and other recent cases that highlight the tension between security and privacy. Discover how judges use analogies to bridge old and new technologies in law, and consider the implications of inheriting outdated rules and limitations. Reflect on the various metaphors for encryption, including weapon, tool, speech, computation, translation, and right. Contemplate the legal ramifications of different conceptualizations of encrypted devices and their impact on procedural fairness, criminal law, national security, and human rights.