Over the past two weeks, we’ve seen the FBI’s battle with Apple capture headlines and become an important topic in public discourse. Below is a brief FAQ to keep you up to speed on the latest developments and the serious issues at hand.
To begin: what is encryption?
Encryption is the process of converting information into a code readable only by the intended recipient. If captured or intercepted, the data is unintelligible. Encryption ensures that sensitive information is secure, giving consumers confidence to use apps that make everyday activities like shopping and managing health much easier.
The most secure form is end-to-end encryption which does not allow data to leave its encrypted state, even while in transit.
Need a refresher on other tech terms? Check out our encyclopedia of must-know tech terms here.
What’s going on in the FBI’s battle with Apple?
Here are the facts we know today:
- The government has taken Apple to court, demanding that it modify the operating system software of an iPhone to allow the government to bypass data security protections that are installed on the phone used by the San Bernardino killer.
- Apple filed a motion to fight the government’s order, arguing the judge in the case had overstepped her authority and that the FBI’s demands would force the company to write a new software to facilitate the hacking of phones.
How would the government’s actions impact small app companies?
The Department of Justice’s motion says any company that writes software code could be forced to modify it to provide government access:
“
[w]hile the order in this case requires Apple to provide modified software, modifying an operating system—writing software code—is not an unreasonable burden for a company that writes software code as part of its regular business” (pg. 15)The Department of Justice compares this request to the kinds of things they ask from traditional wireline communication carriers – making it clear that they intend to create telecom-style requirements for all of our current IP based communications.
By establishing a precedent that it can compel software modification, the authority granted by the FBI would allow it to force any company – from the Apples of the world to the small app companies based throughout the country – to re-engineer its software to provide government access.
What is ACT | The App Association doing to ensure app makers can continue to offer the best security features to customers?
ACT | The App Association has been leading efforts to educate the administration and members of Congress about data security for a long time. We continue to meet with policymakers to discuss the critical role encryption plays in our daily lives, far beyond the current debate.
Here’s a sample of some of our work on encryption from the past year:
- In May 2015, ACT | The App Association was joined by a broad group of trade groups, companies, and cyber security experts to urge the administration to develop policies that promote widespread adoption of encryption technology. Here’s the letter the group sent to President Obama.
- In July 2015, ACT | The App Association pressed the administration to steer clear of measures that would weaken encryption standards and responded to FBI demands for a backdoor to encrypted technologies. Here’s the letter we sent to President Obama and a blog post about our efforts that offers background and context.
- Here’s a blog post entitled “Encryption Policy 101” we put out shortly after a series of serious data breaches brought the importance of encryption to the public spotlight.
- Here’s a blog post responding to FBI demands for a backdoor to encrypted technology.
- In December 2015, ACT | The App Association hosted a congressional briefing on encryption in conjunction with Homeland Security Committee Chairman Michael McCaul.
- ACT | The App Association was an early supporter of the ENCRYPT Act introduced this month by Representatives Lieu, Farenthold, Bishop, and DelBene. The bill would ensure that any regulation addressing encryption technology must come from the federal government. Here’s our statement of support that was also included in the joint release from the Members of Congress.
What is Congress doing on this issue?
ACT | The App Association strongly supports Congress’s role in determining government access to data. This clarity needs to come from reasoned deliberation in Congress – the courts should not be making policy in this area.
On Tuesday, the House Judiciary Committee will hold a hearing on encryption. Witnesses will include:
- James B. Comey, Director, Federal Bureau of Investigation
- Bruce Sewell, Senior Vice President and General Counsel, Apple
- Susan Landau, Professor, Worcester Polytechnic Institute
- Cyrus R. Vance Jr., District Attorney, New York County
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