The public safety versus privacy debate regarding cybersecurity and end-to-end encryption has entered the mainstream of society and jurisprudence. One need look no further than the very public Apple Inc. v. FBI dispute currently playing out in the media. Apple has decided it will challenge a judge’s order that it help the FBI access the cellphone of one of the San Bernardino terrorists, contending that helping the FBI’s investigation in that case will inevitably endanger the data security of every iPhone user.

As is usually the case in complex matters, both sides make valid points. Federal and local law enforcement stand on one side of the divide, charged with providing public safety and trying to prevent other attacks. Industry and privacy advocates stand on the other side, charged with securing our confidential business and personal information and protecting our right to digital privacy. This article considers one key aspect of that material dispute between public safety and personal freedom and privacy — whether law enforcement, in attempting to protect citizens, may actually cause more harm than good by championing a solution that will damage commerce and compromise privacy.

To read the full article, go to Law360.