WASHINGTON, D.C. – As the debate over the government’s ability to access encrypted devices continues, U.S. Senator Angus King (I-Maine) took to the Senate floor today to call for a comprehensive review of data encryption, security, privacy, and innovation that could both protect the privacy of Americans and ensure that the government is able to effectively fight terrorism. Senator King specifically spoke in support of bipartisan legislation he introduced yesterday with several of his colleagues that would create an independent national Commission to develop recommendations for privacy and digital security and find ways to keep criminals and terrorists from exploiting the technologies to escape justice.

“Now, generally, I don’t like commission bills. Typically they’re a politician’s way of putting the problem off to someone else in the future,” Senator King said in his remarks. “But I have seen them work, and I think this is exactly the right answer in this particular situation because the issue is so complicated. It involves technology, the law – the First, Fourth and Fifth Amendments – and national security. These are important considerations, and we have to understand the ramifications of these issues before taking action. We don’t want to compromise national security, but we also don’t want to compromise personal security – and we don’t want to create something which could be redound against national security if it fell into the hands of some of our adversaries.”

“In part, the essence of any government is to ensure domestic tranquility and provide for the common defense – in other words, keep us safe. But the Bill of Rights, and particularly the Fourth Amendment, makes clear that there are limitations on the government’s power. Those two provisions are in tension, and they have been since the founding of the Republic,” said Senator King. “The role of the Intelligence Committee and of this body is to constantly recalibrate the balance between those two provisions based upon the threats our country faces and the developments of technology – and that’s really what this discussion is about and what has been brought into sharp focus in the last two weeks by the case involving Apple and San Bernardino.”

Senator King’s remarks followed an announcement this morning that he has cosponsored bipartisan legislation that would establish an independent National Commission on Security and Technology Challenges.

The sixteen member Commission, which would be comprised of tech leaders, law enforcement, the intelligence community, privacy and civil liberties advocates, computer science researchers, and global commerce leaders, will examine the intersection of digital technology and national security and determine the implications for national security, public safety, data security, privacy, innovation, and American competitiveness in the global marketplace.

The panel will engage with all the key stakeholders to get to the heart of these challenges and publish findings and recommendations in a publicly available report for all to consider. The Commission will be charged with issuing an interim report within six months and will be required to submit majority recommendations for Congress to consider within 12 months of the law's enactment.

The legislation was led by Senator Mark Warner (D-Va.) and Representative Michael McCaul (R-Texas). Additional Senate cosponsors include: Senators Cory Gardner (R-Colo.), Brian Schatz (D-Hawaii), Susan Collins (R-Maine), Michael Bennet (D-Colo.), and Shelley Moore Capito (R-W.Va.).

Click HERE for a list of statements from organizations and individuals supporting the legislation.

Click HERE for additional information on the Commission.

Click HERE for the full bill text.

Click HERE for a section-by-section summary.

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