Apple And Google Slammed By FBI For Encrypting Phones

The director of the FBI had some less than kind things to say about Apple and Google because both companies now have mobile phone operating systems that the FBI cannot access. Here’s what the Toronto Star reported:

James Comey told reporters at FBI headquarters that U.S. officials are in talks with the two companies, which he accused of marketing products that would let people put themselves beyond the law’s reach.

Comey cited child-kidnapping and terrorism cases as two examples of situations where quick access by authorities to information on cellphones can save lives. Comey did not cite specific past cases that would have been more difficult for the FBI to investigate under the new policies, which only involve physical access to a suspect’s or victim’s phone when the owner is unable or unwilling to unlock it for authorities.

“What concerns me about this is companies marketing something expressly to allow people to hold themselves beyond the law,” Comey said. At another point, he said he feared a moment when “when people with tears in their eyes look at me and say, ‘What do you mean you can’t?’”

I’ve said it before and I’ll say it one more time, There has to be a balance between a reasonable expectation of privacy and the ability of law enforcement to do their jobs. So does there need to be a discussion between tech companies and law enforcement to set that balance? Yes. As long as it’s out in the open so that everyone is in the loop. Having said that, I’m not a fan of the way that Jame Comey is approaching this. I really think a more reasoned discussion needs to take place to get the results that he’s looking for. Simply invoking “we need to do this or the terrorists will win” or  “think of the children” isn’t having a reasoned discussion.

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