Judge Nap: How Much Freedom Should Be Traded for Promise of Safety?
There are growing concerns about terrorists using encrypted communications to hide from authorities.
Apps like Whatsapp, Telegram and Wickr could allow jihadists to "go dark," destroying or encrypting messages right after they are sent.
Lawmakers are now discussing legislation that would restrict access to such products.
"We don't have a responsibility to sell their products. We have a responsibility to keep America safe," said Sen. Richard Burr (R-NC) of the Intelligence Committee.
Judge Andrew Napolitano reacted this morning on "Fox and Friends," saying this is all part of the movement to convince Americans to give up liberty in exchange for the promise of safety.
"Giving up liberty does not lead to more safety. It just leads to less freedom," said Napolitano, acknowledging that making this argument following Friday's terror attacks in Paris is "like shoveling against the tide."
But he noted that in France, authorities do not need a warrant to listen to any conversation, surveil emails or make arrests.
"And that wasn't enough to stop [the attacks]," he explained, adding that his intelligence sources emphasize that the most effective way to stop attacks is by face-to-face, undercover work and infiltrating terror cells.
Watch his full analysis above.