Encryption and Constitutional Concerns

Encryption is used as preventive measures against cybercrimes, including planned security breaches, and also as protection means from intellectual property crimes and other crimes involving cyberstalking, harassment, and software theft. Hence, despite its well-conceived purpose, constitutional concerns arise with the use of encryption.

The following questions have been addressed in this article:

Can encryption measures affect privacy rights?
Is there a reasonable expectation of privacy with encrypted speech?
How can preventing the use of encryption does not violate the freedom guaranteed under the First Amendment?
What is the difference between object code and source code?
Is encryption considered to be “object” code or “source code” and what is the constitutional relevancy?


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