We are living in a time of decreasing civil liberties; in the wake of September 11, the US government has resolutely moved to limit privacy and speech, among other freedoms. With the passage of the so called "USA Patriot Act," law enforcement agencies (including the CIA) now have expanded surveillance power over telephone and internet communications. The decreasing judicial review over the use of "Carnivore" and other digital communications intercept programs by the government clearly limits ways in which individuals may communicate without being spied upon.The government obviously has a compelling interest in intercepting some digital communications -- domestic security may, in many cases, rely on government access to information intended to be private. The question is, however, whether this government interest is so great as to necessitate the restriction of access to public key encryption technology to government authorized entities. It is profoundly disturbing to think that no form of digital communication is safe from surveillance, and since the right to privacy undergirds many other freedoms, it would seem important to allow some communication to be conducted in private.
While this delicate balance between privacy and security has no simple solution, it seems to me that ordinary people (not just citizens) should be granted access to public key encryption for personal use. At the same time, that technology, as Lessig suggests, should have a 'back door' accessible by the government in emergencies. The use of the back door must be strictly regulated by the judiciary, and law enforcement should be held to a high standard in its requests to decrypt private messages. Only with careful attention can abuse be avoided.
In closing, I would like to say hi to the government employee who is, in all likelihood, reading this page.