For more than two decades, the debate over End-to-End (E2E) Encryption has defied simple solution. The deployment of E2E encryption impacts a range of complementary and competing interests, including privacy, security, civil liberties, national security, public safety, and ICT innovation. While societies often seek policy solutions that balance such competing interests, encryption technology is, in a word, binary: E2E encryption is either breakable or it is not. As such, its use – or its restriction – will affect important societal values in ways both good and bad. And since governments often have different agencies and individuals addressing these values (e.g., privacy/data commissioners, law enforcement personnel), they may offer conflicting guidance on the way forward, thus highlighting the need for better communication and coordination between those interested in E2E encryption, including representatives from government, private companies, academia, and civil society. The panel will frame and discuss the fundamental dilemmas this complex gives rise to.

• Encrypted devices and encrypted communications present different problems to law-enforcement investigations and different challenges in terms of ensuring security to the public. Of the most serious illegal activity that occurs online, do encrypted devices or encrypted communications present the greatest difficulty to law enforcement? What are the types of threats posed? What solutions do researchers and industry propose for enabling law-enforcement investigations?
• How do we ensure public safety, national security, and privacy when much of our economic, business, and social activity has moved online?
• Aside from access to encrypted communications and locked devices, what tools and techniques are needed by law enforcement agencies to conduct investigations in a digital world?
• How can we find a coordinated approach between lawmakers, companies, and academia to come up with an alternative to the “going dark debate” that serves all parties?