Are the kinds of surveillance bills that are being developed in the UK (the investigatory powers bill) and the USA (the new draft encryption bill) really needed? Is it not the case that the governments of these countries already have the legal justification to prosecute people suspected of hiding important information with encryption (such as charging obstruction of justice)? Is it the case that these kinds of powers are designed to enable new remote/mass surveillance clearly within the legal system?
For the law introduced in the US, legislative action is required. However, the current draft "Compliance with Court Orders Act of 2016," is insufficient.
The current draft forces individuals with unintelligible information, to which the government wants access, to make that information intelligible available.
This would be down by increasing the authority behind the All Writs Act.
The downside is that the current draft of the law ignores the Constitutional protections of the Fourth and Fifth Amendments.