FBI Director James Comey told Congress Thursday that the dispute over privacy versus national security raised by the Justice Department’s court battle with Apple is “the hardest question I’ve seen in government.”
Testifying before the House Intelligence Committee, Mr. Comey said he understands consumers’ desire for encryption technology, but he worries about the long-term implications that it could have for law enforcement investigations.
“I love encryption. I love privacy,” Mr. Comey said. “When I hear corporations saying we will take you to a world where no one can look at your stuff, part of me thinks that’s great. I don’t want anyone looking at my stuff.”
But as the FBI has thus far failed to gain access to information stored on the encrypted iPhone belonging to San Bernardino attacker Syed Rizwan Farook, Apple’s resistance to providing investigators with a way to unlock the phone has highlighted law enforcement officials’ concern over encryption being used as a shield by criminals.
In order to protect the public and fully investigate crimes, Mr. Comey said law enforcement officials often rely on court orders and search warrants to gain access to suspects’ cellphones.
“So, if we’re going to move to a world where that is not possible anymore, the world will not end, but it will be a different world than where we are today and where we were in 2014,” Mr. Comey said.
The showdown between the FBI and Apple is over a court order issued last week that would require the tech company to to provide technical assistance to the FBI so that agents could attempt to break the four-digit password that protects Farook’s work-issued cellphone.
With Farook and his wife Tashfeen Malik both killed in a gun battle with law enforcement, investigators are seeking access to data on the iPhone to piece together more information about the Dec. 2 terrorist attack that killed 14 people in San Bernardino, California.
Apple has indicated that it will challenge the ruling, with CEO Tim Cook calling the court order government overreach that could set a dangerous precedent when it comes to breaking encryption security features on customers’ iPhones.
Court hearings are set for next month, but already the case has drawn a line in the sand for tech companies, privacy advocates and law enforcement officials.
“I think conversation and negotiation is the key to resolving this,” Mr. Comey said.
• Andrea Noble can be reached at anoble@washingtontimes.com.
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