No Backdoors: Investigating the Dutch Standpoint on Encryption

Abstract

The use of end‐to‐end encryption services by terrorists and criminals has led many of the world's security and law enforcement agencies to emphasize the need for exceptional access: a backdoor in encryption. The debate involves governments and private parties, and can be approached through the different prisms of privacy, national security, and economics. This article provides historical background and context on the issue of government access to encryption, before focusing on the Dutch government's position on encryption. In January 2016 the Netherlands was the first country to adopt an official and unambiguous standpoint that ruled out backdoors in encryption. Building on interviews conducted with policymakers in various ministries, the authors elucidate the decision making process and identify key factors that led to the government's position. The impetus provided by Parliament, the role of the NGO Bits of Freedom, and an approach that transcended sectoral interests all contributed. While the unique political context and culture of the Netherlands complicates the application of lessons identified to other countries, the case study does illustrate how a multistakeholder process can lead to a clear standpoint of ruling out backdoors in encryption.