Apple Incorporated recently said it was increasingsecurity settings on its latest operating system for the company’s wireless devices. Apple said its newencryption rules are designed to protect users fromsearch and seizure of their iPhones.
But the changes are of concern to federal investigatorsin the United States. The Federal Bureau ofInvestigation and high-tech companies are nowdebating over how much personal information lawenforcement agencies can demand to see.
James Comey is the head of the Bureau, better knownas the FBI. He recently spoke about Apple’s new rulesduring a visit to the Brookings Institute in Washington. He and other FBI officials say the rules will hurt lawenforcement by putting important evidence off-limits tofederal investigators.
Apple released the latest operating system for iPhones and iPads last month. At the time, the company included a security change that it said would largelystop police agencies from opening the devices without the owner’spermission. The earlier operating system enabled Apple to unlock its productsif police or federal investigators provided a court order.
The maker of the Android operating system, Google, quickly followed Apple’sexample. The Android system is used on many wireless devices.
The change came only a few months after the U.S. Supreme Court ruled intwo cases. The court declared mobile phones to be what it called “a digitalrecord of nearly every aspect” of users’ lives. The rulings largely set thedevices off limits to police except in only the rarest cases.
Privacy and civil rights activists liked the new security rules.
But Mr. Comey criticized the changed security settings as “harmful” to lawenforcement. He said, “there will come a day where it will matter a great dealto innocent people that we in law enforcement can’t access certain types ofdata or information, even with legal authorization.”
But one encryption security expert says the argument between the two sidesis largely meaningless. Alain Ghiai is chief executive officer of DigitalSafe, asecure data service based in Switzerland. He says that the FBI can alreadyget the information it wants because of the USA Patriot Act. The U.S.Congress passed the law in 2001. It was extended in 2011.
Mr. Ghiai says the government can use the Patriot Act to force your Internetservice provider to supply e-mails or other electronic records. He says it iseasy for a government lawyer to get the information without a user’sknowledge or permission.
Mr. Ghiai notes that the new Apple and Google encryption policies make itdifficult for police to break open a suspect’s phone. But he says nearlyeverything on that phone will have, at some point, been sent through anInternet or mobile phone service. He says the Patriot Act gives federal lawenforcement nearly unlimited access to those data sets – all under the coverof secrecy.
FBI Director Comey knows that some people worry about the security andprivacy of their information.
In his words, “some believe that the FBI has these phenomenal capabilities toaccess any information at any time—that we can get what we want, when wewant it, by flipping some sort of switch.” “It may be true in the movies or onTV. It is simply not the case in real life,” he says.
But technology is changing far faster than the laws governing surveillance. The new encryption rules, he said, run the risk of letting criminals go free.
Mr. Ghiai agrees that the federal government should have some ability to seeencrypted information on mobile devices. But he warns that measures like thePatriot Act already give the federal government access to any information that has ever been stored or shared.
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