One of the most hotly debated policy topics in tech over the past year has revolved around digital privacy. The central question, we are trying to answer, is, how much privacy are we as Americans entitled to? I've always been a firm believer that in most debates the prudent or practical course of action is not usually found in any of the extreme positions people lobby for. I apply that logic to most policy debates because when taking an extreme stance you are suggesting that your position is absolute and your side of the debate has a monopoly on knowledge. An example would be the tax pledge Gover Norquist has been pushing for several years. I dislike taxes just as much as the next guy but a politician cannot with a clear conscience commit to NEVER raising taxes while in office because they have no way of knowing what future events might unfold that require higher government revenue (WWIII).
I don't believe our government should have access to our personal data without our consent, nor do I believe that with all of the people who want to harm our country and her citizens should we be entitled to absolute privacy. It is a delicate balancing act, but one which is vital to the security and prosperity of our country in the modern world. I see much more downside risk to completely blocking the government out of our digital lives than there is upside potential in knowing that accessing that data is impossible. The ongoing debate between the US government and the Apple's and Google's of the world is one of the most important of our generation and both sides have to recognize that Google's desire to keep our data private and the government's desire to protect her citizens are equally valid.
One of the lines in the sand for me would be court orders. If access to your data is court ordered then companies who are hosting it should be compelled to hand it over. If the encryption protocols don't allow access at that point then we are not only undermining our judicial system but are endangering the lives of those around us. Terrorists, pedophiles, drug lords, rapists and kidnappers will all have a wall to hide behind if we as a society aren't willing to come to some sort of understanding on this issue. I would liken it to the police having a warrant to search a person's car because there is compelling evidence that there is a dead body in the trunk, and the auto-manufacturer creating a trunk that is inaccessible to the appropriate authorities.