Scarborough: ‘What Constitutional Right Do Americans Have’ to Encrypted Apps?

‘What constitutional right do Americans have to download these apps and have encrypted user to user messaging’

SCARBOROUGH: “I’ve got to go back to the app question. What constitutional right do Americans have to download Whatsapp or one of these apps that we hear about and have encrypted user to user messaging? I don’t understand. Why can’t law enforcement, why can’t the president, why can’t the Congress pass legislation that prevents this?”
MILLER: “It’s about the law keeping up with the technology. There is a law on the books, CALEA; it's communications and enforcement act that covered a big new development then which was cellular telephones, And basically the law said if you are creating communication using this device -- again, it was considering criminal networks, drug cartels, organized crime. So there has to be the way for lawful intercept of those communications. The argument from the app developers is this isn't a telephone we are making, it isn't a communications device. It's an application that goes on communications device. So this is little bit about the will of the people. That's why I think Snowden factor -- people need to understand what the real facts of the history of the last couple of year were, and then it really is up to people, which is anybody who trades privacy for security -- that's a saying that goes back to our founders -- that what we are asking isn't for the trade. It's how you balance the two and it's up to you. That's why you elect your Congress, that's why they consider these laws."
BRZEZINSKI: “All right. Commissioner Bill Braton and Deputy Commissioner John Miller, thank you for everything you do.”
SCARBOROUGH: "Thank you guys."[crosstalk]

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