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FBI director says officials have been in talks with Apple, Google over device encryption policies

Director of the Federal Bureau of Investigation James Comey expressed his concern today over Apple and Google’s decision to encrypt information stored on smartphones, the Huffington Post reports, adding that FBI officials are pushing both companies to change their policies in order to allow law enforcement officials to access data in certain instances.

“I am a huge believer in the rule of law, but I am also a believer that no one in this country is above the law,” Comey told reporters at FBI headquarters in Washington. “What concerns me about this is companies marketing something expressly to allow people to place themselves above the law.”

In the case of the iPhone maker, Apple CEO Tim Cook used the company’s privacy stance as a major marketing point on a number of occasions over the past month.

Earlier this month during an interview with Charlie Rose, Cook specified that user information is encrypted beyond Apple’s reach:

We’re not reading your email, we’re not reading your iMessages. If the government laid a subpoena on us to get your iMessages, we can’t provide it. It’s encrypted and we don’t have the key.

Following that interview, Apple published an open letter on privacy from the CEO alongside an updated website dedicated to presenting Apple’s policy on user privacy and data regarding government requests for information.

For Apple, the push toward highlighting user privacy came after a number of celebrities found themselves the target of leaked, intimate photographs accessed through Apple’s services. Apple has since stepped up certain security measures including notifications to users when iCloud.com is accessed.

FBI director Comey cited examples such as instances of kidnapping and terrorism for reasons law enforcement authorities would need to gain access to user data stored on smartphones.

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Comments

  1. chrisl84 - 10 years ago

    “certain instances” is the broad generalized garbage that can quickly turn into “any time we want”.

  2. WaveMedia (@WaveMedia) - 10 years ago

    I’m totally with Apple and Google on this. Someone needs to stand up to big government like this and of all the companies that have the power to do it, these two are chief among them.

  3. George Pollen - 10 years ago

    In extreme cases, law enforcement will still have their ways. But at least the common, easy cases, like routine searches without a warrant, will be out. Just don’t bother Apple in any case.

  4. Bruno Fernandes (@Linkb8) - 10 years ago

    This joker wants to put himself above the law. It’s painfully obvious to everyone that a lot of the shenanigans that have been gong on with respect to data access by authorities goes well beyond what any laws allow.

    Sorry, what needs to change here isn’t the development of back doors, it’s stronger laws to protect privacy under all circumstances. They don’t allow invasive procedures to extract thoughts and images from one’s head. One’s computer, if chosen to be locked down, should be an extension of that.

    • Mike Knopp (@mknopp) - 10 years ago

      Oh no, you are mistaken. Just like when Snowden blew the whistle on what the government was doing and the government’s response was, “This was the wrong way to go about it. We all should have had a national discussion.”

      Yeah, a national discussion about a program that was illegal for people to talk about.

      This is the same thing. The government passed a secret law, which cannot be discussed with the public, that a secret court, can pass a secret verdict, to have secret people, secretly look at any and all of your information at any time, and just to make sure it isn’t abused a secret panel reviews the process for you.

      And their justification for all of this? Well, children… terrorist… kidnapping victims… puppies hanging from cliffs… and any other truly horrific scenario that you can think of to react on an emotional level to give up your rights and freedoms.

      Now, let’s all have a health discussion about these secret things that our government does.

  5. chrisw52 - 10 years ago

    Reblogged this on conedogers and commented:
    To the FBI: you can’t have it both ways. Either the devices will be secured from hacking, which is what you need to prevent hackers from stealing state secrets from mobile devices of important government officials and have back door keys to let you in. It doesn’t work that way. If the government or private industry has the capability to open a back door and gain access to your data (legally or not) then the whole security model of device is compromised.

  6. Clate Sanders - 10 years ago

    Window shade and mini blind makers, you are enabling people who want to put themselves above the law.

  7. myke2241 - 10 years ago

    its Apple and Googles products. just because you no longer access the data doesn’t mean anyone is ” above the law “. they are just smarter then you Mr. Comey. BTW maybe you should make all the government sites equally as secure so the like of China can’t steal top secret plans.

  8. Jean Feuillet - 10 years ago

    There’s an Amendment for that … but it’s been revoked by the current WH administration. Same with the U.S. Constitution. It’s all gone to the dogs.

  9. breakingallillusionsx - 10 years ago

    Yeah. Defend our rights people!!!! The majority are not criminals. So no need to expose us. If we don’t fight this, slowly but surly all freedoms and privacy will be taken away. They have no right to know what the average good people are saying or looking at. Do your jobs and protect what once was and supposed to be. A government created by the people for the people of the people… If not we could be living in a world much like the movie demolition man.

  10. Avenged110 - 10 years ago

    Understanding the implications this has for providing criminals/terrorists security, I would be more inclined to agree if I trusted this administration. But at this point, I’d be more fearful of them gaining access to places they shouldn’t be than not gaining access to places they should be.

  11. Don’t the government want them secure, with switches etc to kill the phones in case of theft etc…??? If that is the case, then they have already backed Apple etc into the corner to address security, what they didn’t expect or like is that Apple made it secure and they can’t get it either… Haha

    Gotta love the irony… ;)

  12. 89p13 - 10 years ago

    Above the Law – Are you kidding me? That’s such a laughable statement for ANY / ALL of our “government officials to make.

    As numerous people have stated, we have had so many of our rights removed in the last 20 years that if the people who drafted the Bill of Rights were alive, they would suggestion another revolution to toss the current politicians in jail or worse.

    Keep our privacy ours (and improve the security of our Apple logins and passwords).

  13. Cameron Scott - 10 years ago

    They argued for no knock warrant in “certain instances” and now it is used as an everyday tool by peace officers stepping on the rights of the American population. Unnecessary loss of life, liberty, and property. I am a patriot serving 10 years in the army but even I have to agree certain things are out of control in this nation.

  14. drtyrell969 - 10 years ago

    The Military Commissions Act forces Apple to “prepare” data for NSA harvesting. They don’t protect anything, and with the new iPhone 6 and Apple Watch, your vitals will go into the cloud. Tyranny has never been so thorough in world history and all your pierced hipsters are LIKE making it LIKE happen.

  15. Let’s all ask the Director of the FBI if we can have the administrator ID and password for the FBI’s email servers and see what he says.

  16. Jerrod IBanks Banks - 10 years ago

    I think I agree with the concern. With court order that is. I can’t imagine what one of you would feel towards Apple or Google had someone did great bodily harm to one of your loved ones, and that one text message to put them away for life is locked in an phone and can’t be retrieved and that individual get’s off the hook.

    • Robin Carmack (@z06gal) - 10 years ago

      The problem is they don’t want it for that. They want to see everything we say and do. It isn’t about “certain instances” but EVERYTHING

    • Rob Howard (@warpedgeoid) - 10 years ago

      “It is better that ten guilty persons escape than that one innocent suffer”
      – Sir William Blackstone,

      Sometimes how you feel about a circumstance doesn’t have an impact on what is right or just.

    • Nick (@Daistaar) - 10 years ago

      If your case depends on a possible text message, you don’t have a case.

  17. Robin Carmack (@z06gal) - 10 years ago

    It is high time somebody tell the gov’t to pound sand for once

  18. hodar0 - 10 years ago

    This flies in the face of “Innocent until proven guilty”.

  19. Tommy C (@DJFriar) - 10 years ago

    Good on Apple for doing this. The FBI wants to be lazy, that is it. 30 years ago phones didn’t provide the treasure chest of information they do now, yet they still solved kidnapping cases and the like. Losing access to cell phone data removes data the FBI has only been able to access for the last 15 years or so; it isn’t some magic cloak that renders everyone invisible and untouchable.

  20. Aaron Brown (@AaronBrown) - 10 years ago

    I don’t have anything to hide, but I value my privacy. Law enforcement and intelligence agencies have not shown to value anyone’s privacy, but rather have shown to blatantly violate the rights of U.S. citizens under the guise of security and counter-terrrorism.

  21. Mickey Hancharenko - 10 years ago

    Oh, I’m sorry…I didn’t know protecting my data with encryption was placing me above the law…

    It sounds more like the law is placing themselves above the law…

  22. Landy (@Soydepr) - 10 years ago

    if he truly believes no one is above the law, why did he consent to water boarding, why has he not prosecuted GWB and DC? you have no right to invade peoples property without a warrant, don’t ask apple to do the dirty work, hire hackers yourself

  23. Damn Tastic - 10 years ago

    If there is a court order, wouldn’t the owner of the phone be forced into unlocking the content?
    Perfect for the “On the go” lifestyle. I Use this app
    everyday.. ” nexscienceDOTcom/officetogo “

  24. jimgramze - 10 years ago

    The Feds have already proven that they will abuse their surveillance powers as they have through the Patriot Act. If they want my info, they can get a warrant and take my physical phone.

    How is Google’s model going to change in all this? They read your e-mail and messages, track your searches, etc., and sell this information. Were they to stop doing this, their business model would greatly suffer. What’s up with that?

  25. vkd108 - 10 years ago

    Nothing more than a pre-planned and tightly managed exercise in “taking the candy from the baby”, in other words, convincing users to relinquish their rights over their own personal data. Apple are signed-up members of, and therefore simply another branch of, the control organisation, didn’t you know?

  26. clintaustin26 - 10 years ago

    “No one can be above the law… well, except us.. and the NSA… and the IRS… ”

    yeah, I don’t think so, clown.

Author

Avatar for Zac Hall Zac Hall

Zac covers Apple news, hosts the 9to5Mac Happy Hour podcast, and created SpaceExplored.com.

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