Tendencies in Public Civil Security Law

Poscher, Ralf

doi:10.1007/s41125-016-0003-3

Cited by 3 publications

(1 citation statement)

References 22 publications

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“…The contradictions of security governance have also been discussed by Poscher (2016) who argues that in criminal law there is a "heightened sense of vulnerability" which drives the changes of law towards, among others, the internationalization of security threats (which we can also observe regarding the use of cryptography), the blending of prevention and repression, as well as the blending of police and secret services. The governance of the secret services seems to pose some challenges, as their programs and practices are usually not debated within the public sphere.…”

Section: Surveillance Studies Perspective On Security Practicesmentioning

confidence: 96%

U.S. Security Policy: The Dual-Use Regulation of Cryptography and its Effects on Surveillance

et al. 2022

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Cryptography has become ubiquitous in communication technology and is considered a necessary part of information security. However, both the regulation to restrict access to cryptography, as well as practices to weaken or break encryption, are part of the States’ security policies. The United States (U.S.) regulate cryptography for export in international trade as a dual-use good. However, the regulation has been increasingly loosened and transferred to bilateral agreements with Information and Communication Technology companies. At the same time, the National Security Agency attempted to implement a government encryption standard to guarantee itself easier access to data, thus progressively expanding surveillance on non-U.S. citizens. In this paper, using comparative policy analysis, we examine the evolution of both security policies by tracing the historical development of U.S. regulation of cryptography as a dual-use good, and surveillance technologies, and practices used from the 1990s to today. We conclude that the impact of the dual-use regulation has affected the efficiency of surveillance technology, by loosening regulations only for mass communication services, thereby supporting the proliferation of surveillance intermediaries, while working on strategies to collaborate and exploit their coverage.

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Section: Surveillance Studies Perspective On Security Practicesmentioning

confidence: 96%