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The public debate over encryption and Going Dark insufficiently addresses the issue of child sexual exploitation. This article describes the particular impacts of Going Dark on the prevention, investigation, and prosecution of child sexual abuse crimes. It reviews the available statistics related to quantifying the scope of the problem and the ways in which these crimes have become easier to commit and more difficult to detect. It concludes that lawful hacking, wherein the government exploits existing software vulnerabilities to circumvent security, is a necessary element of a Going Dark solution. To that end, the article explores the legal and policy questions that must be addressed in order to develop a practical and realistic response.
The Elephant in the Room: Addressing Child Exploitation and Going Dark by Hoover Institution on Scribd
Susan Hennessey was the Executive Editor of Lawfare and General Counsel of the Lawfare Institute. She was a Brookings Fellow in National Security Law. Prior to joining Brookings, Ms. Hennessey was an attorney in the Office of General Counsel of the National Security Agency. She is a graduate of Harvard Law School and the University of California, Los Angeles.