USA TODAY US Edition

FBI director cautions encryption makes informatio­n ‘warrant-proof’

- Erin Kelly

FBI Director James Comey said Tuesday that Congress must decide whether it wants Apple and other tech companies to have the power to effectivel­y bar law enforcemen­t from obtaining evidence of crime and terrorism from encrypted smartphone­s and other electronic devices.

“The core question is this: Once all of the requiremen­ts and safeguards of the laws and the Constituti­on have been met, are we comfortabl­e with technical design decisions that result in barriers to obtaining evidence of a crime?” Comey asked the House Judiciary Committee.

Comey said the government is not trying to expand its surveillan­ce power, but he is concerned about the emergence of “warrant-proof spaces” where critical informatio­n cannot be found by law enforcemen­t. “Rather we are asking to ensure that we can continue to obtain electronic informatio­n and evidence pursuant to the legal authority that Congress has provided us to keep America safe,” he said.

Comey testified at a hearing in which the FBI faced off with Apple for the first time since the federal government went to court to try to force the tech giant to unlock a terrorist’s encrypted iPhone.

Comey and Apple’s senior vice president and general counsel, Bruce Sewell, were witnesses at a Judiciary Committee hearing titled “The Encryption Tightrope: Balancing Americans’ Security and Privacy.”

The difficulty of finding that balance has been underscore­d by the legal battle between the FBI and Apple over whether the government can force the company to create software to unlock the iPhone of a dead terrorist who killed 14 people in San Bernardino, Calif., in December.

Comey said the FBI’s request would only affect the iPhone of terrorist Syed Farook, who was killed along with his wife in a shootout with police.

But Apple warned Tuesday that writing new code to unlock Farook’s phone will create a backdoor into the encrypted iPhones of millions of consumers, making the devices vulnerable to hackers, cyber criminals and government surveillan­ce.

“Do we want to put a limit on the technology that protects our data, and therefore our privacy and our safety, in the face of increasing­ly sophistica­ted cyber attacks?” Sewell testified.

A federal magistrate ordered Apple last month to cooperate with the FBI to unlook Farook’s phone. Federal agents believe the phone could contain answers about whether Farook and his wife worked with others to plot their attack.

Apple filed a motion last Thursday to dismiss the government’s request, charging that it is in conflict with Americans’ constituti­onal rights to free speech and to avoid self-incriminat­ion. Google, Facebook, Twitter and Microsoft are among the tech companies supporting Apple.

As the dispute plays out in court, members of Congress are trying to decide what they should do legislativ­ely to try to resolve the encryption debate.

“Americans have a right to strong privacy protection­s, and Congress should fully examine the issue to be sure those are in place while finding ways to help law enforcemen­t fight crime and keep us safe,” Judiciary Committee Chairman Bob Goodlatte, R-Va., and Rep. John Conyers of Michigan, the panel’s senior Democrat, said in a joint statement.

Lawmakers are proposing two solutions to the dilemma.

House Homeland Security Committee Chairman Michael McCaul, R-Texas, and Sen. Mark Warner, D -Va., introduced a bill Monday to create a national commission on digital security.

Taking a different approach, Sen. Dianne Feinstein, D -Calif., and Senate Intelligen­ce Committee Chairman Richard Burr, R-N.C., plan to introduce legislatio­n to require companies to provide encrypted data to the government if law enforcemen­t officials have a court order.

“Americans have a right to strong privacy protection­s, and Congress should fully examine the issue.”

Reps. Bob Goodlatte and John Conyers

 ?? DREW ANGERER, GETTY IMAGES ?? Rep. Bob Goodlatte and FBI chief James Comey arrive Tuesday for a House committee hearing on encryption and privacy.
DREW ANGERER, GETTY IMAGES Rep. Bob Goodlatte and FBI chief James Comey arrive Tuesday for a House committee hearing on encryption and privacy.

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