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Legal analysis of anti-encryption bill says it’s unconstitutional, unenforceable and would harm investigations

While the FBI abandoned its court case against Apple, the dispute of course still rumbles on in Congress, with hearings today and a proposed bill to force U.S. tech companies to break encrypted devices on demand. But at least one legal expert thinks the Feinstein-Burr bill is deeply flawed, arguing that it is unconstitutional, unenforceable and would harm U.S. investigative capabilities.

And not just any legal expert: you can’t really ask for better credentials in this area than those of Paul Rosenzweig.

Paul Rosenzweig is the founder of Red Branch Consulting PLLC, a homeland security consulting company [and] formerly served as Deputy Assistant Secretary for Policy in the Department of Homeland Security. He is a Distinguished Visiting Fellow at the Homeland Security Studies and Analysis Institute. He also serves as a Professorial Lecturer in Law at George Washington University [and] a Senior Editor of the Journal of National Security Law & Policy.

In a blog post on Lawfare, Rosenzweig sets out the three problems he sees with the Feinstein-Burr bill …


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