FBI Director Argues Private Companies Shouldn’t Decide Encryption Debate 

FBI Director Argues Private Companies Shouldn’t Decide Encryption Debate 

FBI Director Christopher Wray presented the House Judiciary Committee with a nuanced stance on encryption when pressed to square the bureau’s position on the issue with that of the Defense Department.


In 2016, the FBI faced off against Apple in court over getting access to the locked phone of a shooter who killed 14 people in San Bernardino, California, so investigators could look for additional digital evidence. Apple, however, argued there was no way to allow law enforcement access without compromising the security of all users’ communications. 


Since then, the FBI and law enforcement agencies have pushed tech companies to create access—some have referred to this as a “backdoor”—to communications sent using end-to-end encryption. This use of encryption shields messages from anyone other than the sender and intended recipients. 


“It seems from the various statements we’ve seen that the FBI is taking one position and the Department of Defense is taking the opposite position,” Committee Chairman Jerry Nadler, D-N.Y., said to Wray, citing an October letter Defense Chief Information Officer Dana Deasy sent to Rep. Ro Khanna, D-Calif.  


The letter, which Khanna forwarded to Senate Judiciary Chairman Lindsey Graham, R-S.C., in December, stressed the importance of “strong encryption” for protecting Defense’s information and resources. 


The FBI’s agenda has generally been supported by law and order Republicans such as Graham. But the House hearing saw the agency’s pleas for the ability to thwart sex traffickers, perpetrators of hate crimes, and other criminals also garnering sympathy from at least one Democrat. 


“When it comes to domestic terrorism and hate crimes and right-wing extremist nationalist groups, antisemetic groups out here using encryption to organize, to plan and ..

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