Wait just a minute: Aren’t those the same companies that Apple has previously criticized by lobbing veiled accusations that they exploit your personal information – to sell ads – and effectively endanger your privacy? “That’s for us to worry about”.
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“We are seeing more and more cases where we believe significant evidence resides on a phone, a tablet, or a laptop – evidence that may be the difference between an offender being convicted or acquitted”, Comey said.
That both are pushing for a discussion ahead of their own standoff in the courtroom underscores the nuance and complexity involved on each side, a point further illustrated by the title of the hearing, “The Encryption Tightrope”.
The House Judiciary Committee convened a hearing on the bitterly contested issue of Apples refusal to abide by a court order to help the government unlock an iPhone used by a terrorist involved in the massacre of 14 people in San Bernardino, California, in December.
Cedric Richmond, Democrat from Lousiana, asked Comey, “Are we in danger of creating an underground criminal sanctuary?” to which the Federal Bureau of Investigation director replied, “Yes we are”. The Justice Department is basing its case in connection with the San Bernardino attacks on its novel and extraordinarily expansive interpretation of the same law. As attacks on our customers’ data become increasingly sophisticated, the tools we use to defend against them must get stronger too. “The notion that this is only about opening one lock is a misnomer”.
Carter tiptoed around the FBI-Apple dispute, but stated: “There will not be some simple, overall technical solution – a so-called backdoor that does it all”.
“There’s already a door on that phone”, Comey said.
Comey said in response to questions from members of the House Judiciary Committee that whatever the outcome of the California case, it would set a precedent that would be looked at by other courts and law enforcement agencies. According to Comey, he didn’t bother to read it before testifying about this case…where the government is attempting to use All Writs to force Apple to assist in unlocking an iPhone. Apple initially said it would help.
Apple notched a win on Monday in NY, where a US magistrate judge denied the governments bid to force the company to help it gain access to another iPhone, one that belonged to a drug dealer.
Legislators repeatedly accused the Justice Department of overreaching its authority and undermining both privacy and cybersecurity.
However Comey appeared to confirm fears expressed by Apple chief Tim Cook that the Farook example would not be a “one time request”, after confirming that the precedent would “potentially” apply in future cases. But even if that hadn’t occurred, they wouldn’t have been able to get all the information out of the backup.
“This committee and not the courts is the place to consider the appropriate consequences”. Privacy is important, Comey said, but so is stopping murder, violence and pedophilia.
Members of Congress thanked Comey for furthering dialog at the end of the session, but the only thing the FBI Director cleared up is how flexible his relationship with truth is. “To say it’s a marketing ploy diminishes what should be a serious conversation”, he said.
Rep. Jim Sensenbrenner, the Wisconsin Republican, criticized Apple’s stance and questioned the company’s stubborn resistance.
Sewell responded by saying that “what we’re asking for is a debate on this”.
“I don’t think there’s a general understanding of what’s been asked for, of the nature of cryptography, of the nature of the operating system and how operating systems can be easily replicated and distributed”, Wicker said.
Gowdy noted that the government could compel a doctor to perform surgery to remove a bullet if it pertains to an investigation. He said that whatever that law is intended to accomplish, “it can not be a means for the executive branch to achieve a legislative goal that Congress has considered and rejected”.
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The government’s contention is that it must have access to the dead shooter’s phone in order to determine if he and his wife were acting in concert with outside groups such as ISIS.
