Apple vs. FBI goes to the Hill

The House Judiciary Committee held a hearing on “The Encryption Tightrope: Balancing Americans’ Security and Privacy.” At the hearing, members of the House Judiciary Committee closely examined the concerns raised by law enforcement and American technology companies in order to help find a solution that allows law enforcement to effectively enforce the law without harming the competitiveness of US encryption providers or the privacy and security protections it delivers for US citizens.

FBI Director James Comey told members of the House Judiciary Committee that there is no way for the Bureau to unlock the San Bernardino terrorist’s iPhone without Apple’s support and code. He also testified that the decision in Apple v. FBI could set a precedent for future cases and that Congress will ultimately have to decide on the broader question this issue poses for Americans’ privacy and security.

Cyrus Vance Jr., the District Attorney for New York County, told members of the Committee that state and local law enforcement agencies handle 95% of criminal cases each year around the country and that their lack of access to encrypted phones has had an impact on their ability to conduct criminal investigations. He stated that criminals are well-aware of “warrant-proof” encryption.

Bruce Sewell, the Senior Vice President and General Counsel for Apple, told members of the Committee that Apple is in an arms race with criminals and hackers and the company wants to assure its customers that their information cannot be stolen. Apple’s goal in strengthening encryption is to protect the security and privacy of millions of iPhone users. Sewell expressed concern that the FBI’s request would create unintended consequences and compromise consumers’ personal information stored on Apple devices. He also told members that Congress – not the courts – must decide on this issue.