FBI in Talks with Apple and Google Concerning Device Encryption Settings

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Posted September 25, 2014 at 11:37pm by iClarified

The FBI has reportedly been in talks with Apple and Google regarding the way tech giants were improving security and privacy. When iOS 8 launched, Apple announced that it would no longer be able to decrypt devices for law enforcement. Google also followed suit and announced similar encryption settings would be coming to Android as well.

As Apple noted:
On devices running iOS 8, your personal data such as photos, messages (including attachments), email, contacts, call history, iTunes content, notes, and reminders is placed under the protection of your passcode. Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data. So it's not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8.

However, FBI director James Comey said he was 'very concerned' with the steps that tech giants were taking to strengthen privacy on mobile devices.

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

"I like and believe very much that we should have to obtain a warrant from an independent judge to be able to take the content of anyone's closet or their smart phone," he said. "The notion that someone would market a closet that could never be opened -- even if it involves a case involving a child kidnapper and a court order -- to me does not make any sense."

The FBI says so far the talks between the companies have only concerned the "marketing" of the devices.

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FBI in Talks with Apple and Google Concerning Device Encryption Settings

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Techno - September 26, 2014 at 6:18pm

Incryption has been done for many years and software to decrypt it has been around as well. Apple releases something that can't be decrypt on their devices and of course google will follow (when will it be, who would know?). Ask the FBI agent what kind of phone they use and see if they want their privacy taking from them? The freedom to your privacy is still something I hold dearly. There are other means of getting information from people without taking the common liberty from others.

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Wow13 - September 28, 2014 at 12:27am

Well, actually Android had encryption since the days of Android 3.0, so apple follows google not the other way around.

Intrusive - September 26, 2014 at 1:31pm

This is coming from Director of the FBI. Scary stuff from a "huge believer in the rule of law," with so much power.

detective sims - September 26, 2014 at 3:23am

And to those who say, or think, the government has no right every to go through a persons phone, they have every right W/ A VALID WARRANT!

detective sims - September 26, 2014 at 4:19am

Made a mistake on above post, this is the right one: And to those who say, or think, the government has no right to go through a persons phone, they have every right W/ A VALID WARRANT!

detective sims - September 26, 2014 at 3:18am

I fully support the FBI but what Apple is saying is only the user can unlock it. The FBI is right on this one, in an effort to ensure the users privacy Apple made it "not feasible" to access a phone if served with a warrant which is probably illegal.

detective sims - September 26, 2014 at 4:28am

I'm pretty sure it is illegal for a company to design an electronic product that cannot be accessed by/for law enforcement!

detective sims - September 27, 2014 at 4:25am

First of all, Tom, do not call me an idiot because you disagree with my position. Second, my stance on this is for the purposes of a specific case with a valid search warrant, just like your house, car, etc. I am NOT for general warrants or invasion of privacy if that's what you were thinking.

JoshvanHulst - September 28, 2014 at 8:47pm

The NSA and FBI already had more than enough information they can glen. Why would they need to go through your phone. I can't get enough privcy as it is! Cameras everywhere, SSN constantly being requested, you have to go through TSA screening at the airports and they comb through all your stuff. Last thing they need is what you are allowed to say and think what's kept on your own personal device. It's just as bad as them combing through your Facebook account or personal journal/diary. Very disheartening and concerning!!! I am so happy Apple is taking step to ensure they stay legal and don't aid the NSA and FBI with this masquerade of invasion of privacy. They need to have evidence before they can do they searches. Provide evidence and then you can request a warrant/subpoena!

MartyNet - September 26, 2014 at 3:11am

Constitutional rights: Amendment IV "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." It seems to me that collecting everyones electronic data is casting a very wide fishing net on people that haven't done anything wrong! NO PROBABLE CAUSE. Illegal spying is illegal and unconstitutional !!! Why do you thing they did it in secret? They did it because it doesn't pass scrutiny of the public or the Constitution. No fishing for whatever wherever they want without probable cause. Amendment V The Fifth Amendment protects criminal defendants from having to testify if they may incriminate themselves through the testimony. A witness may "plead the Fifth" and not answer if the witness believes answering the question may be self-incriminatory. Also includes "Due Process Clause" The guarantee of due process for all citizens requires the government to -- RESPECT ALL THE RIGHTS, GUARANTEES, AND PROTECTIONS AFFORDED BY THE U.S. CONSTITUTION AND ALL APPLICABLE STATUTES -- before the government can deprive a person of life, liberty, or property--. Due process essentially guarantees that a party will receive a fundamentally fair, orderly, and just judicial proceeding. While the Fifth Amendment only applies to the federal government, the identical text in the Fourteenth Amendment explicitly applies this due process requirement to the states as well. I feel violated!

JoshvanHulst - September 27, 2014 at 12:52am

You are so right on point bro! Agreed

philme - September 26, 2014 at 2:14am

I do support the FBI here people who do bad things need to be bring to justice

CodeGreen - September 26, 2014 at 12:46am

Aren't closets that can't be opened called 'Safes'. Which are legal to own.

ShadowOne - September 26, 2014 at 12:37am

Just because I don't want you to look at my stuff doesn't mean that I'm above the law. On the other hand, if you force a company to give you access to whatever you requested, then you're really above the law and should be prosecuted.

stevenlacross - September 26, 2014 at 12:14am

They do make closets that can't be broken into, called security walk in safes. And I'm pretty sure that apple actually did leave a backdoor for the FBI to get into

Kornmehl - September 26, 2014 at 12:11am

Truly dangerous thinking on the part of the FBI

Bdiz - September 25, 2014 at 11:41pm

I'm more concerned about federal abuse of privacy.

JoshvanHulst - September 28, 2014 at 8:49pm

You are so right on!