U.S. Sens. Richard Burr (R-NC) and Dianne Feinstein (D-CA) publicly released draft legislation entitled Compliance with Court Orders Act of 2016 on Wednesday.
The proposed legislation would require that all entities must comply with U.S. court orders to protect Americans from criminals and terrorists.
“I have long believed that data is too insecure, and feel strongly that consumers have a right to seek solutions that protect their information – which involves strong encryption,” Burr said. “I do not believe, however, that those solutions should be above the law. I am hopeful that this draft will start a meaningful and inclusive debate on the role of encryption and its place within the rule of law. Based on initial feedback, I am confident that the discussion has begun. We remain eager to sit down and discuss a way forward with all who are willing to engage constructively on this critically important and challenging issue.”
Burr and Feinstein serve as the Senate Select Committee on Intelligence chairman and vice chairman respectively, and together they will seek input from the public and key stakeholders before formally introducing the bill.
“No entity or individual is above the law,” Feinstein said.“The bill we have drafted would simply provide that, if a court of law issues an order to render technical assistance or provide decrypted data, the company or individual would be required to do so. Today, terrorists and criminals are increasingly using encryption to foil law enforcement efforts, even in the face of a court order. We need strong encryption to protect personal data, but we also need to know when terrorists are plotting to kill Americans.”