The ethical consequences of “going dark”

The adoption of hyper‐strong encryption for mobile devices, such as the iPhone, has reignited debate about the need for exceptional access and the relative priority of privacy rights. Many software programs and algorithms are not neutral but “value‐laden,” and unbreakable encryption software virtually absolutizes the right to privacy, though it has justified limits in ethics and law. High tech companies have resisted any exceptional access solutions and generally opposed cooperation with law enforcement agencies for the sake of protecting the data of their customers. We argue that this strategy is ethically flawed based on the priority of the right to physical security over the right to privacy along with the need to ensure peace and order in the name of the common good. To support this line of reasoning we amplify the undifferentiated conception of the common good presented in the literature and sketch out the grounds for limiting rights based on the need to conform to the just requirements of the public order in a democratic society. The discussion culminates in a proposal for an exceptional access scheme that has the potential to minimize risk to innocent users.