The secret life of PETs

Abstract

Purpose The purpose of this paper is to explore to what extent the legal environment influences a user’s choice to employ privacy-enhancing technologies (PETs). Drawing upon existing theoretical frames specific to arbitrariness and uncertainty, this research examines whether interest in PETs is influenced by the legal environment of a country. Design/methodology/approach Using data from Google Trends, the International Property Rights Index, Freedom House and the Organization for Economic Cooperation and Development, the research analyzes interest in Tor, VPN technology and pretty good privacy (PGP) in 153 countries between 2012 and 2016. Findings Findings suggest both countries with both higher and lower arbitrariness and uncertainty of law are associated with an increased interest in Tor and PGP. However, interest in VPN technology does not appear influenced by the legal environment and, instead, is influenced by freedom within the press. Research limitations/implications The dual use nature of Tor and PGP is influenced by law enforcement and judiciary effectiveness and transparency and arbitrariness contributing to the public’s interest in decentralized technological protections. Practical implications Law enforcement should continue to police via the technologies rather than shutting them down to protect the identities of those needing to use these technologies for legitimate purposes. Only by embracing the technologies, as opposed to seeing them as hurdles to be banned, may law enforcement agencies remain vigilant to the threats posted by nefarious actors. Originality/value In this study, the authors introduce a more robust measure of interest in PETs, and do so with a larger, more substantive sample. By situating this interest within the context of policing, the authors can document the dual use nature of the technology, which can be useful in guiding future research, specifically in the area of policy development and officer training.