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

iPhone 17 Pro in Hand Feature Lowgo

iPhone 17 Pro to Reverse iPhone X Design Decision

Monday July 7, 2025 9:46 am PDT by
Since the iPhone X in 2017, all of Apple's highest-end iPhone models have featured either stainless steel or titanium frames, but it has now been rumored that this design decision will be coming to an end with the iPhone 17 Pro models later this year. In a post on Chinese social media platform Weibo today, the account Instant Digital said that the iPhone 17 Pro models will have an aluminum...
iOS 26 Feature

Everything New in iOS 26 Beta 3

Monday July 7, 2025 1:20 pm PDT by
Apple is continuing to refine and update iOS 26, and beta three features smaller changes than we saw in beta 2, plus further tweaks to the Liquid Glass design. Apple is gearing up for the next phase of beta testing, and the company has promised that a public beta is set to come out in July. Transparency In some apps like Apple Music, Podcasts, and the App Store, Apple has toned down the...
imac video apple feature

Apple Launching These 15+ Products Later This Year

Sunday July 6, 2025 8:05 am PDT by
The calendar has turned to July, meaning that 2025 is now more than half over. And while the summer months are often quiet for Apple, the company still has more than a dozen products coming later this year, according to rumors. Below, we have outlined at least 15 new Apple products that are expected to launch later this year, along with key rumored features for each. iPhone 17 Series iPho...
iphone 16 pro models 1

Here's How the iPhone 17 Pro Max Will Compare to the iPhone 17 Pro

Saturday July 5, 2025 1:00 pm PDT by
Apple should unveil the iPhone 17 series in September, and there might be one bigger difference between the Pro and Pro Max models this year. As always, the Pro Max model will be larger than the Pro model:iPhone 17 Pro: 6.3-inch display iPhone 17 Pro Max: 6.9-inch displayGiven the Pro Max is physically larger than the Pro, it has more internal space, allowing for a larger battery and...
iPhone Car Key Kia

Here's Which Vehicles Offer iPhone Car Keys

Sunday July 6, 2025 3:03 pm PDT by
In 2020, Apple added a digital car key feature to its Wallet app, allowing users to lock, unlock, and start a compatible vehicle with an iPhone or Apple Watch. The feature is currently offered by select automakers, including Audi, BMW, Hyundai, Kia, Genesis, Mercedes-Benz, Volvo, and a handful of others, and it is set to expand further. Apple has a web page with a list of vehicle models that ...
apple wallet drivers license feature iPhone 15 pro

Apple Says iPhone Driver's Licenses Will Expand to These 8 U.S. States

Tuesday July 8, 2025 11:26 am PDT 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. Unfortunately, this feature continues to roll out very slowly since it was announced in 2021, with only nine U.S. states, Puerto Rico,...
iphone 17 pro render majin bu

New iPhone 17 Pro Renders Highlight Apple Logo and MagSafe Design Changes

Sunday July 6, 2025 8:43 pm PDT by
New renders today provide the best look yet relocated Apple logo and redesigned MagSafe magnet array of the iPhone 17 Pro and iPhone 17 Pro Max. Image via Majin Bu. Several of the design changes coming to the iPhone 17 Pro model have been rumored for some time, such as the elongated camera bump that spans the full width of the device, with the LiDAR Scanner and flash moving to the right side. ...
apple account card feature

Apple Account Card Expanding to More Countries

Tuesday July 8, 2025 7:34 pm PDT by
Apple is expanding the ability to add an Apple Account Card to the Wallet app to more countries, according to backend Apple Pay changes. With iOS 15.5, Apple updated the Wallet app to allow users to add an Apple Account Card, which displays the Apple credit balance associated with an Apple ID. If you receive an Apple gift card, for example, it is added to an Apple Account that is also...
iPhone 17 Pro in Hand Feature Lowgo

iPhone 17 Pro Coming Soon With These 14 New Features

Friday July 4, 2025 1:05 pm PDT by
Apple's next-generation iPhone 17 Pro and iPhone 17 Pro Max are just over two months away, and there are plenty of rumors about the devices. Below, we recap key changes rumored for the iPhone 17 Pro models. Latest Rumors These rumors surfaced in June and July:Apple logo repositioned: Apple's logo may have a lower position on the back of the iPhone 17 Pro models, compared to previous...

Top Rated Comments

Black Belt Avatar
121 months ago
Fascists. Not surprised it is the criminally corrupt Feinstein at the helm.
Score: 57 Votes (Like | Disagree)
Amazing Iceman Avatar
121 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
121 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
121 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
121 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
121 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)