The Value of Trust in Encryption: Impact and Implications on Technology Law and Policy

Encryption is an enigmatic technology from the viewpoint of technology law and policy. It is essential for ensuring information security and data privacy, but it can be similarly used for illicit means and ends. This article contends that understanding the underlying values of encryption can help clarify the legal and policy debates about whether or how to regulate this technology. This article specifically focuses on the value of trust and examines it from the perspective of three groups of stakeholders: members of the general public, business, and government. In particular, the article analyses the four direct objects of trust in relation to encryption: the technology, specific persons, institutions, and general others involved in encryption. It further delves into how this value impacts technology law and policy. The article concludes that trust is a paramount value of encryption and should be used as a principal consideration and guide when evaluating existing or proposed encryption regulations.