This Note argues that the U.S. Government should discontinue all attempts to establish EES as the de facto encryption standard in the United States because the economic disadvantages associated with widespread implementation of EES outweigh the advantages this advanced data security system provides. Part I discusses the EU's legislative efforts to ensure personal data security and analyzes the evolution of encryption technology in the United States. Part II examines the methods employed by the U.S. Government to establish EES as the de facto U.S. encryption standard. Part III argues that the U.S. Government should terminate its effort to establish EES as the de facto U.S. encryption standard and institute an alternative standard that ensures continued U.S. participation in the international marketplace.
Personal Data Security: Divergent Standards in the European Union and the United States,
19 Fordham Int'l L.J. 143
Available at: http://ir.lawnet.fordham.edu/ilj/vol19/iss1/7