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Zero Sum Game? Developing a Winning Approach to Privacy and Security in an Age of Zero Trust

Security and privacy are two sides of the same coin – it’s hard to have one without the other. Yet there can be a tension between them. Strong legal and technological protections, including encryption, are necessary to effectively protect private data and communications. Yet terrorists, smugglers of dangerous weapons and drugs, human traffickers, and perpetrators of child sexual abuse material (CSAM) sometimes use end-to-end encrypted messaging (E2EE) to prevent their crimes from being discovered by law enforcement. Proposed U.S. laws such as the EARN IT Act seek to end E2EE messaging so that law enforcement need not fear criminals "going dark." Are new laws and regulations needed? What effect will new comprehensive state privacy laws have? Are there any win-win solutions to the ever-changing threat landscape? Join us for a stimulating discussion of if and how the relevant interests could be balanced at a time when there is no trust and zero privacy seems like an all too real possibility.


  • Maygane Janin – Policy Manager, Tech Against Terrorism
  • Nick Reese – Co-founder, Frontier Foundry; Adjunct Professor, George Washington University; Former Senior Policy Analyst, U.S. Department of Homeland Security (DHS), Office of Cyber Policy
  • Dhanaraj Thakur – Research Director, Center for Democracy and Technology


  • Cynthia Cwik – Senior Legal Advisor, Cantellus Group; Private Sector Liaison, American Bar Association Cybersecurity Legal Task Force; Past Chair, American Bar Association Section of Science and Technology Law

Joint Sponsor: ABA Science and Technology Law Section

Co-Sponsors: ABA Center for Public Interest Law, ABA Criminal Justice Section


Report on “Terrorist Use of E2EE: State of Play, Misconceptions, and Mitigation Strategies” | Tech Against Terrorism

Terrorist Use of End-to-End Encryption: Insights from a Year of Multi-Stakeholder Discussion | Tech Against Terrorism

EARN-IT act (2023) 

National Security Memorandum-10

Quantum Cybersecurity Preparedness Act

Post-Quantum Cryptography

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