One day after being rejected by the courts, the FBI was rebuked on Capitol Hill for demanding access to every software-enabled device at today’s House Judiciary hearing, “The Encryption Tightrope: Balancing Americans’ Security and Privacy.” FBI Director James Comey and NY District Attorney Cyrus Vance conceded that the access they sought was for more than one iPhone and would set precedent for accessing phones that have nothing to do with national security threats.
Director Comey had no answer about alternatives the Bureau had tried to access the data. He did admit that the FBI bumbled when directing San Bernadino to reset the password.
It is very worrisome that the FBI seeks invasive powers while failing to grasp the consequences. Requiring companies to write alternative versions of software for government access is burdensome and defeats security protections for consumers.
Software extends far beyond the operating systems created by companies like Apple. It powers ATMs, the dashboards in our cars, and every app on our phones.
Encryption is critical to protect the data that consumers expect to access remotely. It is essential to provide the strongest protection for sensitive information – financial and medical data, professional correspondence, family photos, and private conversations.
Congress must act to ensure that consumers can continue to use mobile devices in a safe environment. The courts should not be the place that establishes national policy for data security.