Senate Draft Encryption Bill Called 'Absurd,' 'Dangerous,' and Technically Inept

A draft of an encryption bill created by Senate Intelligence Committee leaders Richard Burr and Dianne Feinstein was released last night, revealing the scope of the legislation that would require technology companies to decrypt data and share it in an "intelligible format" when served with a legal order.

The Compliance with Court Orders Act of 2016, a copy of which was shared by Re/code, starts out by declaring "no person or entity is above the law." It says that all providers of communication services and products, from hardware to software, must both protect the privacy of residents of the United States through "implementation of appropriate data security," while still respecting the "rule of law" and complying with legal requirements and court orders to provide information stored either on devices or remotely.

feinsteinburr

To uphold both the rule of law and protect the interests and security of the United States, all persons receiving an authorized judicial order for information or data must provide, in a timely manner, responsive, intelligible information or data, or appropriate technical assistance to obtain such information.

In acknowledgement of the disagreement between the FBI and Apple, the legislation does include a clause that prevents it from authorizing "any government officer to require or prohibit any specific design or operating system to be adopted by any covered entity," and it shies away from specific technical demands, but the wording of the act itself, with no contingencies for inaccessible data, makes end-to-end encryption impossible. Any data encrypted by companies must also be able to be decrypted.

Security experts have heavily criticized the bill. Daniel Castro of the Information Technology and Innovation Foundation told Re/code the bill "sets up a legal paradox" while the ACT/App Association said it amounts to a government-mandated back door. Security researcher Jonathan Zdziarski says the entire bill is dangerous, calling it "a hodgepodge of technical ineptitude combined with pockets of contradiction."

The absurdity of this bill is beyond words. Due to the technical ineptitude of its authors, combined with a hunger for unconstitutional governmental powers, the end result is a very dangerous document that will weaken the security of America's technology infrastructure. This will affect everything from the iPhone you hold in your pocket to how data is transmitted over the Internet, allowing the government to effectively break all electronic commerce and Internet security. This is bad legislation in every way, and it very subtly allows for unconstitutional government control of private industry.

In a report yesterday, Reuters said the White House has decided not to offer public support for the legislation, as "the administration remains deeply divided on the issue." The bill is still in draft form, with the language subject to changes based on input from stakeholders. In a joint statement, Burr and Feinstein said they hope to have a final version completed soon.

Update 4/13: An official draft of the Compliance with Court Orders Act of 2016 was released on April 13, with few changes from the version released earlier in the month.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Popular Stories

Apple Shopping Event 2025

Apple Announces 2025 Black Friday Event, Here's What You Can Get

Thursday November 20, 2025 6:28 am PST by
Apple's annual four-day Black Friday through Cyber Monday shopping event is returning on Friday, November 28 through Monday, December 1 in many countries, including the United States, Canada, Australia, New Zealand, France, Germany, Italy, Spain, the United Kingdom, Belgium, the Netherlands, Sweden, Thailand, and others. During the shopping event, customers can get an Apple gift card with...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Wednesday November 19, 2025 4:00 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
applecare apple care banner

Apple Brings New AppleCare+ Options to India

Tuesday November 18, 2025 8:42 am PST by
Apple today announced an expansion of AppleCare+ coverage in India, with new options for monthly and annual plans, and the addition of Theft and Loss for iPhone for the first time. Options for monthly and annual AppleCare+ plans in India provide more choice and flexibility, allowing users to keep coverage for as long as they require. Apple's vice president of Worldwide iPhone Product...
iOS 26

Everything New in iOS 26.2 Beta 3

Monday November 17, 2025 3:20 pm PST by
Apple provided developers with the third beta of an upcoming iOS 26.2 update, and there are still new features that are being added with each beta that we get. We've rounded up all of the changes that Apple made in beta 3. AirDrop Apple added new AirDrop functionality, providing a way for two people to share files temporarily without having to add one another as contacts. iOS 26.2...
ipad mini 7 feature red and blue

iPad Mini 8: Four Major New Features to Expect

Wednesday November 19, 2025 7:50 am PST by
Apple's eighth-generation iPad mini is highly likely to arrive next year, offering a significant refresh of the device with at least four major new features. OLED Display The next-generation version of the iPad mini could feature an OLED display, as part of Apple's plan to expand the display technology across many more of its devices. Apple's first OLED device was the Apple Watch in 2015, ...
Apple Wallet ID Illinois

iPhone Driver's License Feature Launching in Illinois

Tuesday November 18, 2025 8:47 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Starting this Wednesday, November 19, the feature will be available to residents of Illinois. The announcement confirmed that the...
iPhone 17 Pro and Air N1 Feature

iPhone 17 vs. iPhone 16 Wi-Fi Speeds: New Study Reveals the Winner

Tuesday November 18, 2025 10:53 am PST by
A new study has revealed that the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air achieve significantly faster average Wi-Fi speeds compared to the iPhone 16 series, thanks to Apple's custom-designed N1 chip. The study was conducted by Ookla, the company behind the popular Speedtest website and app. It said the results are based on global, crowdsourced Speedtest user data...
macbook black friday

The Best Early Black Friday Mac Deals

Tuesday November 18, 2025 7:32 am PST by
We're getting closer to Black Friday, which lands next week on Friday, November 28. In the lead-up to the shopping holiday, we're tracking a few lowest-ever prices on Apple's most popular Macs, including the M4 MacBook Air and brand new M5 MacBook Pro. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment,...
Magic Keyboard Touch ID Feature

Apple Releases New Firmware for 140W USB-C Power Adapter, Magic Keyboard and Magic Trackpad

Tuesday November 18, 2025 1:05 pm PST by
Apple today released updated firmware for several accessories, including the 140W USB-C Power Adapter, the Magic Trackpad 2, the Magic Trackpad USB-C, the Magic Keyboard with Touch ID, and the Magic Keyboard with Touch ID and Numeric Keypad. There is no word on what's included in the updated firmware at this time, but it could offer performance improvements and security updates. Accessory...
watchos 26 workout app

Apple Watch Users Claim Workout App Is Now Worse in Every Way

Thursday November 20, 2025 7:01 am PST by
Apple Watch owners have been voicing their frustration online over changes to the Workout app that Apple introduced in watchOS 26, with many finding the redesigned interface makes starting exercises difficult and exasperating. When Apple launched watchOS 26 in September, the Workout app went from large, easily tapped workout tiles to a scrolling, corner-button interface. Instead of tapping a ...

Top Rated Comments

Black Belt Avatar
126 months ago
Fascists. Not surprised it is the criminally corrupt Feinstein at the helm.
Score: 57 Votes (Like | Disagree)
Amazing Iceman Avatar
126 months ago
Not a surprise....
What else can you expect from "technically-challenged" people who don't understand the purpose of encryption?
Score: 32 Votes (Like | Disagree)
theBostonian Avatar
126 months ago
Would it be misogynistic or antisemitic of me to observe that Dianne Feinstein looks like Emperor Palpatine in drag?
Score: 32 Votes (Like | Disagree)
chirpie Avatar
126 months ago
"The absurdity of this bill is beyond words. Due to the ... ineptitude of its authors, combined with a hunger for unconstitutional governmental powers, the end result is a very dangerous document that will weaken ... America."

Cut out one or two words and you realize this happens in congress a few times a year, not just with technology. ;-)
Score: 30 Votes (Like | Disagree)
Nunyabinez Avatar
126 months ago
This is the equivalent of saying you have to make beer that tastes great but at the same time has no calories.

Or delicious french fries that are also good for your health.

You can't simultaneously protect privacy and make it possible to access data at will.
Score: 30 Votes (Like | Disagree)
Z400Racer37 Avatar
126 months ago
Noooooo.... No way.... Inept......

Why is it that people are willing to stand up to these morons on technological issues, but not on anything else? Do we really think that they're any more competent in any other area?? Are these the people who you want regulating and running your life?? -__-

Edit: I would add as a reminder that this is a Republican Senate, and its no freaking better than the S***hole that was the Democratic Senate.

Beware, the statists agree on something...
Score: 25 Votes (Like | Disagree)