A leading House Democrat expressed serious concern on Tuesday that the FBI is exploiting the ISIS-inspired massacre of 14 people in San Bernardino to sidestep Congress on the encryption debate.
Rep. John Conyers, D-Mich., said it was troubling “that in the middle of an ongoing congressional debate on this subject, the FBI would ask a federal magistrate to give them the special access to secure products that this committee, this Congress, and the administration have so far refused to provide.” He spoke at a hearing of the House Judiciary Committee, of which he is the ranking Democratic member.
“Why has the government taken this step and forced this issue?” he asked.
It was a rhetorical question.
“I suspect that part of the answer lies in an email obtained by the Washington Post and reported to the public last September,” Conyers said.
“In it, a senior lawyer in the intelligence community writes that ‘although the legislative environment towards encryption is very hostile today … it could turn in the event of a terrorist attack or criminal event where strong encryption can be shown to have hindered law enforcement.’”
Conyers continued: “I am deeply concerned by this cynical mindset. And I would be deeply disappointed if it turns out that the government is found to be exploiting a national tragedy to pursue a change in the law.”
The congressman was referring to a leaked letter authored by the intelligence community’s top lawyer, Robert S. Litt. In the letter, Litt advised “keeping our options open for such a situation.”
A federal magistrate judge in California last month ordered Apple to help the FBI access San Bernardino killer Syed Rizwan Farook’s iPhone by developing software to turn off built-in security features — essentially bypassing the phone’s encryption.
Most technologists argue it’s a type of “backdoor” into the device — something various congressional committees have been debating for months.
Law enforcement agencies say they need a way to access all digital communications to conduct investigations, while technologists and privacy advocates say any vulnerability in a device, whether built into the encryption or around it, gives hackers and criminals a foothold to steal private information.
But now, Conyers argues, that debate is being yanked from Congress’s hands. If the FBI succeeds in its court case, it could ask other companies to hack their products too, no matter what type of encryption is involved.
If you can get past the door, why do you need to ask Congress for a key?
FBI Director James Comey insisted that the FBI is not trying to bypass Congress. “I think that the courts are competent to resolve the narrow question about the scope of the All Writs Act,” he said during the hearing, referring to a colonial-era law that allows the government to ask a third party to assist it in carrying out a legal request.
And although Comey has repeatedly insisted that the San Bernardino case is a narrow one, he acknowledged at the hearing that “any decision of a court about a matter is potentially useful for other courts, that’s what precedent is.”
“There are issues about backdoors,” Comey said. “There’s already a door.” The FBI, he said, is asking Apple to “take the vicious guard dog away and let us try and pick the lock.”
Top photo: Rep. John Conyers
If the courts are not competent to decide this, then exactly who in the hell is? Big Brother I fucking suppose! If you cannot see what all of this horrible legislation is all about, think pure fascism!
“Remember the Maine!” ? Pearl Harbor? The Reichstag? 9-11? The Lusitania? The Crusades? The Inquisition? The Warren Report? Operation North Woods? Iran-Contra? Gulf of Tonkin Incident? …. Citizens United? …. Agenda? What agenda?
I think the congressman in the photo was the same one that admitted they ( the congress ) dont read the bills before they sign off on them? Maybe it was another person? Does that reality make anyone mad besides me?
Now Jenna, were the killings really ” ISIS-inspired”? That hasn’t been proven. It seems Comey would consider that useful to his agenda. Hope you consider this constructive criticism and continue to excercise your unique abilities.
Please stop referring to Farook and Malik as “the killers.” Rather they are “the accused” who have had no day in court and are dead. CBS eyewitness Sally Abdelmageed gives testimony that the shooters were 3 tall white men of athletic build dressed in black.
Question… where are the security videos of the San Bernardino shooters?
This was a government building dealing with mental health issues that would have plenty of cameras yet not one has been released.. and I haven’t heard a single question.
Next to the tapes on what really happened on 9/11.
That’s what you want to hear, right?
Is it Trump destroying the Repulican brand getting to you, or perhaps the thought of a President Hillary?
You seem more irritated than usual, Nate, though you’ve graced us a lot less of late.
Well while you’re in such a good mood anyway I’ll just leave you with this thought of Ed’s from last week, “However bad you think it is, I promise you it’s worse.”
You’re clueless. I am not Republican so I have no desire to defend their dying brand.
As for irritation, this is about the same tone I usually take when interacting with the conspiratorial ilk.
I get a kick out of your awareness of my frequenting the site, almost as if my actions are being surveilled.
“Almost as if my action are being surveilled”…..sorry Nate but they are…..you should eat more fiber and you left the top of your toothpaste off again.
Ooooh….better put on my face-concealing hoodie (shout out to Mr. Robot) and my tin hat!!
Oh, I’m sure I’m just as equally clueless about what being surveilled is like. I do, however, spend considerable time reading all the comments I can at The Intercept because it’s what I like to do. I am a bit challenged by your definition of “interacting” though. And there’s really nothing “conspiratorial,” you know – being IN a conspiracy with others, just suspecting the worst at every turn from an increasingly fascist Big Brother government. It’s a government that’s apparently gone off the rails in its corruption, now tries to dominate the globe, has been proven to want Big Brother in your bedroom, known to have lied us into wars – and has also committed war crimes.
Yeah, how could there possibly be any criminal conspiracies furthering an agenda in the midst of all that altruism?
You’re such a tool.
More power to you!
If you choose to live your life imagining you’re in an Orwellian society, that’s fine. I don’t subscribe to the “sky is falling,” Big Brother narrative. There are certain events today that are truly scary (e.g. Trump presidency) but here at TI, every article seems to be spur this reaction from the commentators that we are at or near the end of U.S. civilization. If you can step back, it’s pretty hilarious actually, since there have always been such musings. Furthermore, it must be exhausting to be so cynical and outraged every day.
Perhaps trying to affect change would be a better means for your broadly defined fears instead of “spending considerable time” here?
Who’s getting irritated now? Perhaps you were projecting the whole time.
Actually that was amusement, so I’m still going with you and scary Trump.
You’re right though that I need to try doing more – for the future of Earth and humanity. I’ll work on that.
I agree the security videos should be released and the police dash cam footage of the pursuit of the purported getaway van. This would help to clarify what actually happened to Farook and Malik and why.
We are in the realm of video evidence which is at least as important as the iPhone privacy issue.
The secret police, I’m sorry, the FBI is poised to get unlimited access to all our information without so much much as needing the pesky warrant or having to wake a judge in the middle of the night. We might as well throw in the towel and say; “we’re tired of fighting, you’ve won”. The 21st century will be littered with parts and pieces of an eviscerated US Constitution that was a very good idea to begin with but couldn’t keep up with runaway population growth or the greedy capitalists. Sorry will be the citizens living in a world inhabited by surreal TV personalities claiming to be politicians or the next Kardashian or fake celebrity currently polluting the airways. I’m sorry too, for the USA was a good idea while it lasted, but endless wars and turning the economy into a militaristic enterprise in an effort to dominate the Earth with pseudo democracy just didn’t quite work out. I’m really just sorry as I lament what really could have been a world that humans could live in peace without destroying the rest of the inhabitants in a never ending quest of greed and war and corruption. Really though I.m just sad for the way things turned out.
The sky is falling.
We’ve overcome slavery, explicit racism, torture, political scandal for generations, FBI abuses under J. Edgar Hoover that were truly outside the law, and CIA failures across multiple generations ….
But no, this matter, being discussed in the courts, Congress, and public is the real downfall of America…/s
How dense are you!? It’s not even the greatest threat to our country today!! That award goes to Donald Trump’s candidacy and the possibility that he becomes President.
The really scary possibility to the actions of the FBI is -maybe they already got the data from the phone, and then they purposely changed the password to have an excuse to try to force Apple to create a hack of their own security.
At this point, I wouldn’t put it past them.
The more scary possibility is maybe they or the NSA has already hacked Apple’s network and security in Cupertino. That would put them right in the drivers seat -as soon as Apple finishes writing the hack.
“There are issues about backdoors,” Comey said. “There’s already a door.” The FBI, he said, is asking Apple to “take the vicious guard dog away and let us try and pick the lock.”
An absolute lie.
If you’re going to call something an absolute lie, then say why!
Because although you may disagree with FBI’s plan of action, the analogy is accurate.
The vicious guard dog = Apple’s security feature that places restrictions on password attempts, limits the speed of brute-force attacks, and uses an auto-erase function (if enabled) if there are 10 failed attempts. By “taking away the vicious guard dog” Apple would have to modify the software to bypass all these features.
Pick the lock = Brute force the password to circumvent the encryption.
If the FBI won and Apple removed its security feature, the FBI would use its computers to guess the password.
FBI labs filthy and corrupt.
FBI hair analysis corrupt and fraudulent.
FBI changed the password on that phone and FORGOT new one.
Every FBI testimony should be nullified and barred from court.
Since Snowden exposed the Five Eyes Alliance, and their 24/7/365, all encompassing surveillance of mankind, entirely in line with Orwells’ 1984, it’s become ever more clear that this is the end of privacy.
So, recognizing the inherent stupidity of those who wish to be our masters, I’m beginning to believe the best defense is no defense, for the moment.
In other words, let them have their way, and stand back.
Once the people fully understand the reality of what our totalitarian system has done, they will awaken like never before, and strike back with a vengeance that will lay waste to the nightmare our masters have planned for us.
Like a tug of war, let go, and watch the oh so confident opponents fall on their plutocratic asses.
In the end the people always wake up; Sanders is proof positive. Just a tad more suffocating oppression will be the last straw.
I think you’re dreaming.
The general population will cave in and take it in their backdoor, like they always do.
But the tide could turn in the event of a governmental terrorist attack or governmental criminal event where strong arming can be shown to have hindered everyone.
Keep your options open for such a situation.
Far too optimistic.
We are amusing ourselves to death.
No one will “awaken” in time.
This could be a very successful ACLU challenge to Article I (section 9-2) pertaining to restraints on Congress (Writ of Habeas Corpus) .
Since electronic records, including complete telephone conversations of some Americans, can be stored for almost a decade by some telecoms, it only takes one event to grab almost a decade of private information.
In this system there will never again be any private information and it will be extremely easy for government agencies or contractors to punish legal First Amendment exercises – even legal exercises from almost a decade earlier like political speech.
Also there is not system for retrieving the private data. One event and the government possesses all of that private information. Essentially the 4th Amendment would be totally meaningless and those illegal searches would then be used to punish legal speech and association (ex: Black Lives Matters, Occupy Wall Street, political groups, etc,) all without probable cause of any crime and without the involvement of a judge or individualized warrants.
All this talk about backdoors is making me horny.
why why don’t they physically remove the solid state memory chip, attach it to a reader board and do a sector-by-sector memory dump. Then they could do all they wanted to unencrypt the data without loss. There’s no mistake the FBI can get this done without the help of Apple. A simple memory recovery company could do this for them. They just want the control over industry
Its quite obvious you don’t understand the technology behind a Apple’s encryption methods. The FBI isn’t the sharpest knife in the drawer but they aren’t that stupid.
I personally don’t use apple products as I see them as communists in their user experience. This method has been use more times than you can count to recover data. Is there some reason you can’t remove the storage chip and do a sector read on it? I understand this has nothing to do with decrypting the data but it should give access to the encrypted data without the erase feature.
I am also quite sure the Equation Group over at the NSA could open this phone pretty quickly.
“Even so, security researchers say there are other options, like “de-capping” the phone’s memory chip to access it outside the phone (which Snowden has also mentioned”
I guess my idea was not as stupid as you say… Us old school computer guys still know a thing or two.
You can find the article that quote came from here on TI
The role of Congress is to approve spending bills. They shouldn’t become bogged down in debates about topics they don’t understand, such as law enforcement. That’s the FBI’s job. Instead of trying to shackle the FBI, they should vote to authorize it to do anything it pleases. In other words, legitimize the status quo. Then they should vote it an increased budget to reflect its expanded mandate.
Congress, if not kept focused, tends to wallow in nostalgia, reminiscing on the days when it was considered to be an independent branch of government and a representative of the people. It seems to me the lobbyists are not doing their job of keeping Congress in line.
Personally, Duce, I can’t think of a better way to legitimize the status quo than by electing Hillary. Even Republicans are beginning to jump in and help her. She’ll let Congress continue their dysfunctional gridlock producing nothing substantive and also authorize the FBI to do anything it pleases whether courts agree or not. We know she loves her lobbyists and so can just have the FBI look the other way while they throw ever larger bribes at members of Congress, who I’m sure will quickly fall in line for that. Problem solved.
nfjtakfa is being nostalgic…
Leave law enforcement up to the police because it isn’t understood by Congress?
Dear Benito, that is the very definition of a police state. Police are there to enforce the laws determined by CONGRESS not the police. Bull Connor in the 60s would have loved to keep Congress from enforcing the Civil Rights laws and let him continue to do his job as he saw it. No checks: No Balances.
Time and again records have proven that; the Federal Bureau of Incompetency needs to be abolished…
This is total insanity being shown by an already overly schizophrenic government!
Of course the FBI is taking advantage of the situation. Initial eyewitness reports: three attackers, white, athletic build with full-auto weapons.
Not sure of the veracity on weaponry, but “three white, athletically-built attackers” seems pretty contraindicative to the “official” accounts.
CBS news;
https://m.youtube.com/watch?v=QJJFitq3lQQ
A backdoor would absolutely shatter businesses everywhere. The reason is quite simple. Suppose you have a business and you have your private business information store digitally somewhere- customer lists, patentable designs, financials, contracts, etc. Now suppose a competitor of yours somehow does something that indicates to you that the competitor could not have done what they did without having viewed your protected business information.
= think for a minute =
Your business is suddenly in jeopardy and you have to stop what you believe to be a break-in. With a back-door you..
1. don’t know where to begin looking
2. don’t know who to blame
3. don’t know how to proceed with digital storage
Suddenly, because this trust was broken, you are pretty much at a standstill.
Without a backdoor, narrowing down the break-in is a whole lot simpler and do-able.
With a backdoor, all you know is that someone somewhere managed to get privileged access and you have no power to stop it or prevent it from hapening again.
This is a LOGICAL DILEMNA. Any business using digital storage MUST have a finite and dependable confinement of options when something goes awry. Any problem of theft would have a place to start from which place will lead to a rectifiable solution. A BACKDOOR THWARTS THIS AND RENDERS ANY/EVERY BUSINESS VULNERABLE TO COMPLETE FAILURE.
The typical employed citizen in their “wanna be safe and secure no matter what” is being threatened into feeling ok with backdoors at the cost of losing way more than they are being told, guaranteed.
This is why BACKDOORS SHOULD NEVER BE ALLOWED. It’s just good business to know that when something like this goes bad, you can fix it.
““I am deeply concerned by this cynical mindset. And I would be deeply disappointed if it turns out that the government is found to be exploiting a national tragedy to pursue a change in the law.””
Not like its gun control or anything…
quote“There are issues about backdoors,” Comey said. “There’s already a door.” The FBI, he said, is asking Apple to “take the vicious guard dog away and let us try and pick the lock.”unquote
Vicious guard dog?????? Hahahahahahahahahaha…. Comey is drifting into the bogs of delusion. And this is our Director of the FBI? marvelous. Next thing you know he’ll be claiming the rule of law is a swamp that needs to be drained. sheeezus..
Ok, let’s try Dolts for $2k now.
It is always the case that persons charged with relieving 100% of pain will always demand 100% power and say “trust me” with the “you understood” being “and trust all the people who have this office after i leave”. Mutation is inevitable.
quote”Conyers continued: “I am deeply concerned by this cynical mindset. And I would be deeply disappointed if it turns out that the government is found to be exploiting a national tragedy to pursue a change in the law.” unquote
wait… ummm.. is there some other government that exists besides the one Conyers works for?
quote”The congressman was referring to a leaked letter authored by the intelligence community’s top lawyer, Robert S. Litt. In the letter, Litt advised “keeping our options open for such a situation.”unquote
Oh..now I get it. The government of Robert S. Litt. The founders would hang this traitorous bastard.
Notice that if Litt, Comey et al. were waiting for such a test case, they probably would known all about the iCloud automatic backup feature on iPhones – and that would have spoiled their test case, so it seems they deliberately changed the iCloud password to make that impossible – hence sabotaging the so-called “narrow” investigation into the San Bernardino shooting.
If so that’s a criminal action on their part, interfering with an investigation, and whoever changed the iCloud password should be forced to publicly explain their actions. Recall the Tsarnaev -Boston Marathon bombing case, where friends of the suspects were charged with obstruction of justice for interfering with the investigation?
http://www.latimes.com/nation/la-na-boston-arrest-20140531-story.html
Same deal here – Comey should resign in disgrace, and a full-scale investigation into the iCloud password change should be launched, by a special prosecutor.
“so it seems they deliberately changed the iCloud password to make that impossible”
Great observation. Hadn’t thought of that. This would explain why they didn’t go to Apple in the first place – otherwise one would have to conclude that they are stupid or incompetent or both.
Investigate the FBI Again. COINTELPRO 2.0
Shadow FBI STASI.
RF weapons.
not Scalia’s founders…
”The congressman was referring to a leaked letter authored by the intelligence community’s top lawyer, Robert S. Litt. In the letter, Litt advised “keeping our options open to create such a situation.”unquote
I fixed the quote to state what he really meant.
Saying it’s a narrow question is a deceptive misdirection (lie) when Director Comey even admits he’s actually seeking precedent for future rulings; i.e. unpickable locks should never again exist.
It makes one wonder if he just as blatantly lies to the President like that every day?
FBI Comey. HSBC drug laundering and tax evasion.
DoJ Holder resignation. Chase Morgan.
You can’t make this stuff up.
This makes one wonder if the FBI deliberately and knowingly changed the iCloud password on the iPhone in question, so that they would have an excuse to force the issue into the courts. – i.e. see Apple’s legal motion opposing the FBI:
“Unfortunately, the FBI, without consulting Apple or reviewing its public guidance regarding iOS, changed the iCloud password associated with one of the attacker’s accounts, foreclosing the possibility of the phone initiating an automatic iCloud back-up of its data to a known Wi-Fi network. . . which could have obviated the need to unlock the phone and thus for the extraordinary order the government now seeks. Had the FBI consulted Apple first, this litigation may not have been necessary.”
If so, then it’s clear that FBI claims about only wanting access “to this one specific phone” are deliberate lies – and it also means the FBI deliberately sabotaged their own ‘specific’ terrorist investigation into the San Bernardino shootings in the hopes of gaining expanded domestic mass surveillance powers.
If that’s not a STASI-type mentality, aka Leonid Brezhnev-era KGB thinking, then what is?
This makes one wonder if the FBI is capable of false flags that could lead into to scenarios where they would try to infringe like this…
My first try didn’t go through, so I apologize if there happens to come up a double post.
First: THANK YOU, Jenna (and TI) for your efforts in this area. Great job keeping on top of things; we need to know the real info!
Second: Have you all heard about this?
http://www.npr.org/sections/thetwo-way/2016/02/29/468598100/using-billboards-company-will-collect-personal-information-to-help-advertisers
Creepy hardly describes it.
wow. maybe they’ll get the idea that they can start writing coupons and invites and notices to your phone so before you can make your next text or call you just have to plow thru all the README’s first. Then they can get the idea they can plant some listeners on your phone so that when you are out of range, the listeners can report back.
But it does give me an idea.
First, THANK YOU, Jenna and all for your efforts in this area! keep on the job and keep us informed.
Second, have you all seen reports about this?
http://www.npr.org/sections/thetwo-way/2016/02/29/468598100/using-billboards-company-will-collect-personal-information-to-help-advertisers
Creepy hardly describes it.
Maybe we should tell the judge who initially signed the order requesting Apple provide assistance that he was being played by the FBI. I know judges love to be manipulated and those types of jokes are played all the time.
So, if the FBI asked SB to change the iCloud password to effectively lock the device why would it be Apples problem?