Meet the Powerful Duo With a Sensible Answer to Encryption

For years, lawmakers have grappled with how to balance individual privacy protections and law enforcement’s need for access to encrypted communications. They haven’t gotten very far. That could change, thanks to a bipartisan partnership forged between House Homeland Security Chairman Michael McCaul (R-TX) and Senate Intelligence Committee member Sen Mark Warner (D-VA).

Earlier in 2016, the pair floated an idea for a lengthy but doable way to satisfy both privacy and security concerns. At first blush, their proposal looks like a tame non-answer to the problem. But it may be the only way to bridge the gap between government-wary technophiles and security hawks. Sens McCaul and Warner want to set up a commission made up of members of the tech community, privacy advocates, and the law enforcement and intelligence communities to hash out a solution. That commission would be tasked with review of what law enforcement officials face when they are denied access to encrypted communications, even with a court order. The group would then draft recommendations for what to do about it. It was a sleeper issue that roused attention only with tech geeks. But now it may have new legs. Sources familiar with the proposal say Sens McCaul and Warner have spoken on the phone since the court issued its order to Apple. They are now thinking about how build momentum for their bill, which has yet to be introduced. Sens McCaul and Warner’s staffs have also been in daily contact (often multiple times a day) to work on it. The duo will have an opportunity Feb 24 at an event about encryption at the Washington-based Bipartisan Policy Center where they will discuss the legislation.