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Privacy's Defender - How Hackers Protected the Net Before & Can Do It Again

Cindy Cohn

PrivacyWISP56 minBeginnerOpen on YouTube ↗

Where

WISP
DEF CON 34

Duration

56 min

Traces how court fights over encryption export rules and NSA mass surveillance shaped online privacy, and what technologists can do next.

Summary

The talk opens with the case for privacy as a limit on power, from abusers using spyware against partners to insurers and governments using personal data against people. The speaker then goes back to the 1990s, when US export rules classed strong encryption software as a munition. A mathematics student's challenge, Bernstein v. Department of Justice, argued that publishing encryption code is protected speech under the First Amendment. The courts agreed, and the government eventually loosened its grip on encryption, which opened the way for the protections people use today.

The middle section covers the post-9/11 fight against NSA mass surveillance. It describes how an AT&T technician, Mark Klein, gave the Electronic Frontier Foundation evidence of backbone tapping, and how litigation, media pressure and reforms followed. The talk also covers national security letters, a gag-order fight, and recent debates over Section 702 and warrant requirements. The question round touched on border device searches, AI regulation, age verification, and surveillance of protesters and reproductive care.

The closing advice is aimed at engineers and hackers. Build encryption and privacy-preserving defaults into products, minimize data retention, and make secure tools usable for people who do not code. The speaker also urges listeners to press their representatives on warrant rules and to support digital rights organizations.

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