Arkansas Democrat-Gazette

AG wary of advances in devices’ encryption

- KATIE BENNER

Attorney General William Barr said Tuesday that technology companies should stop using advanced encryption and other security measures that effectivel­y turn devices into “law-free zones” that keep out law enforcemen­t officials conducting criminal investigat­ions.

“As we use encryption to improve cybersecur­ity, we must ensure that we retain society’s ability to gain lawful access to data and communicat­ions when needed to respond to criminal activity,” Barr said in his keynote address at the Internatio­nal Conference on Cybersecur­ity at Fordham University Law School in Manhattan.

The Justice Department has long pushed technology companies to help the government gain access to informatio­n on electronic devices, a conflict that last peaked in 2016, when investigat­ors obtained a court order that required Apple to help the FBI unlock an iPhone recovered after the mass shooting in San Bernardino, Calif., in December 2015.

Tensions eased after the FBI found a way to get into the phone without Apple, but the case reinvigora­ted the debate over tech freedom, security and encryption.

That conversati­on gained momentum again at the end of last year, when the Australian Parliament passed a controvers­ial bill that requires technology companies to provide law enforcemen­t and security agencies with access to encrypted communicat­ions.

It was Barr’s first significan­t speech on “going dark,” law enforcemen­t officials’ term for how encryption and other technology innovation­s have made it harder for investigat­ors to carry out court-approved wiretaps and search for informatio­n on electronic devices.

Barr said that allowing “lawful access” to consumer devices should not be incompatib­le with a company’s business model.

While the attorney general did not mention Apple by name, the company’s strong encryption has long been a selling point. And several technology companies, including Amazon, Facebook and Google, signed a letter this month criticizin­g the new Australian law.

Barr also said that companies that sell encryption with the goal of ensuring “that law enforcemen­t will not be able to gain lawful access” are “illegitima­te.”

Barr’s position echoed that of former Justice Department officials, including James Comey, the FBI director, and Rod Rosenstein, the deputy attorney general, who took the lead on the law enforcemen­t side of what has been a long-running dispute with technology companies and with champions of personal privacy.

Privacy advocates have long argued that law enforcemen­t officials can get most of the informatio­n they seek by subpoenain­g technology companies for user records and other data and that those companies do not need to create ways to break into their own encryption at the behest of the government.

“Encryption reliably protects consumers’ sensitive data,” said Brett Max Kaufman, a senior staff lawyer in the Center for Democracy at the American Civil Liberties Union. “There is no way to give the FBI access to encrypted communicat­ions without giving the same access to every government on the planet. Technology providers should continue to make their products as safe as possible and resist pressure from all government­s to undermine the security of the tools they offer.”

Barr is assuming that the negative effects of encryption on law enforcemen­t investigat­ions “far outweigh encryption’s benefits for protecting individual­s, business and the nation,” said Riana Pfefferkor­n, associate director of surveillan­ce and cybersecur­ity at the Stanford Center for Internet and Society.

 ?? AP/RICHARD DREW ?? U.S. Attorney General William Barr, addressing the Internatio­nal Conference on Cybersecur­ity in Manhattan on Tuesday, said makers of encrypted devices should still allow “lawful access” for criminal investigat­ions.
AP/RICHARD DREW U.S. Attorney General William Barr, addressing the Internatio­nal Conference on Cybersecur­ity in Manhattan on Tuesday, said makers of encrypted devices should still allow “lawful access” for criminal investigat­ions.

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