Why Aren’t Bernie Sanders and Hillary Clinton Talking About Encryption?

Reuters reported earlier this year on a draft proposal circulating in the Senate, noting that the “long-awaited draft legislation” would “give federal judges clear authority to order technology companies like Apple to help law enforcement officials access encrypted data.”

Thursday morning, Reuters brought the news that the White House would not give public support to the bill:

The decision all but assures that the years-long political impasse over encryption will continue even in the wake of the high-profile effort by the Department of Justice to force Apple to break into an iPhone used by a gunman in last December’s shootings in San Bernardino, California.

… Although the White House has reviewed the text and offered feedback, it is expected to provide minimal public input, if any, the sources said.

Its stance is partly a reflection of a political calculus that any encryption bill would be controversial and is unlikely to go far in a gridlocked Congress during an election year, sources said.

The White House’s stance is a reflection of deeply divided opinions on the encryption debate: While many claim that encryption would help the government prevent terrorist attacks and solve other crimes, others argue that any “back-door” technology could easily fall into the hands of hackers and other criminals, putting private information at risk.

And it’s not just the White House hanging back: The Democratic presidential candidates have also kept relatively quiet on the issue. Both Hillary Clinton and Bernie Sanders have had little of substance to say on the subject, as illustrated by their vague statements in a debate in January. Sanders’ website reminds readers that he voted against the Patriot Act and opposes mass surveillance, but Sanders himself has focused on a multitude of other issues during his campaign.

Clinton, too—beyond offering a few confusing propositions—has been subdued on the issue.

The Obama administration’s refusal to publicly support the bill and the candidates’ seeming reluctance to express strong stances are signs that political figures may be scared of alienating civil liberty advocates. But the technical side of the debate has been ramping up. The FBI now claims it can unlock an iPhone on its own, while major communications provider WhatsApp has decided to encrypt its entire network.

This is an issue that is only going to become more important for our wired electorate, so it’s in the interest of all Americans for the presidential candidates to make clear where they stand.

—Posted by Emma Niles

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