Texas A&M Law Review

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The evolution of modern communications and information technology sparked a revolution of unprecedented proportions, bringing about an explosion in terms of users and capabilities, as well as increasing demands for both security and privacy. To meet these security demands, new technologies are evolving that can in fact provide a secure and protected environment. At the same time, however, the technology-development path is being increasingly impacted by two other major dynamics: the legal environment and user expectations with respect to privacy. Within the past four years in particular, several major court decisions as well as the official release of documents and illicit “leaks” have drawn enormous attention to what privacy protections must be afforded to various types of data and communications. Users, increasingly aware of intrusions into their data and communications—ranging from intelligence services to hackers and criminals—are demanding greater levels of protection. While technological approaches to greater privacy are possible, they are not costfree— particularly in terms of the computational overhead and other constraints imposed on new systems.

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