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TECHNOLOGY A23
                                                                                                                               Thursday 26 November 2015

Why government and tech can’t agree about encryption 

BREE FOWLER                            tacks. For months, the Obama ad-       in the cloud — for instance, on Ap-   ney’s office, for instance, recently
TAMI ABDOLLAH                          ministration — which has steered       ple’s iCloud service or Google’s      called for a federal law that would
Associated Press                       away from legislative restrictions     Drive — is also often available to    require smartphone companies
NEW YORK (AP) — Your phone is          on encryption — has been in talks      investigators with search warrants.   to sell phones they could unlock
getting better and better at pro-      with  technologycompanies to           (Apple and Google encrypt that        for government searches — in es-
tecting your privacy. But Uncle        brainstorm ways of giving investi-     data, but also hold the keys.)        sence, forcing them to hold the
Sam isn’t totally comfortable with     gators legal access to encrypted       Some security experts suggest         keys to user data.
that, because it’s also complicat-     information.                           that should be enough. Michael        In a report on the subject, the of-
ing the work of tracking criminals     But  technology  experts and their     Moore, chief  technology  officer     fice called its suggestion a “limited
and potential national-security        allies say there’s no way to grant     and co-founder of the Baltimore,      proposal” that would only apply to
threats.                               law enforcement such access            Maryland-based data security firm     data stored on smartphones and
For decades, tech companies            without making everyone more           Terbium Labs, noted that police       restrict searches to devices that
have steadily expanded the use         vulnerable to cybercriminals and       have managed to take down on-         authorities had already seized.
of encryption — a data-scramb-         identity thieves. “It would put        line criminals even without short-    Privacy advocates and tech
lingtechnology  that shields infor-    American bank accounts and             cuts to encryption. He pointed to     companies aren’t sold, saying it
mation from prying eyes, whether       their health records, and their        the 2013 take down of Silk Road,      would weaken security for phones
it’s sent over the Internet or stored  phones, at a huge risk to hackers      a massive online drug bazaar that     that are already too vulnerable
on phones and computers. For
almost as long, police and intel-      In this July 30, 2014, file photo, Silicon Valley pioneer and Silent Circle co-founder Jon Callas holds up Blackphone with
ligence agencies have sought to        encryption apps displayed on it at the Computer History Museum in Mountain View, Calif.
poke holes in the security technol-
ogy, which can thwart investiga-                                                                                                                                                                Associated Press
tors even when they have a legal
warrant for, say, possibly incrimi-    and foreign criminals and spies,       operated on the “dark Web,” es-       to attack. Marcus Thomas, the
nating text messages stored on a       while at the same time doing little    sentially the underworld of the In-   chief  technology  officer at Sub-
phone.                                 or nothing to stop terrorists,” Sen.   ternet.                               sentio and former assistant direc-
The authorities haven’t fared well;    Ron Wyden, D-Ore., said in an in-      “The way they figured that out        tor of the FBI’s operational  tech-
strong encryption now keeps            terview Monday.                        was through good old-fashioned        nology  division, argued that it’s
strangers out of everything from       Lawmakers on the U.S. Senate Se-       police work, not by breaking cryp-    too late to turn back the clock
your iMessages to app data stored      lect Committee on Intelligence         tography,” Moore said. “I don’t       on strong encryption, putting law
on the latest Android phones. But      remain on what they call an “ex-       think there’s a shortcut to good      enforcement in a “race against
in the wake of the Paris attacks,      ploratory” search for options that     police work in that regard.”          time” to obtain investigatory data
U.S. officials are again pushing for   might expand access for law en-        Others argue that the very no-        whenever and wherever it can.
limits on encryption, even though      forcement, although they’re not        tion of “compromise” makes no         But he urged security experts to
there’s still no evidence the ex-      necessarily looking at new legisla-    sense where encryption is con-        find ways to help out investigators
tremists used it to safeguard their    tion.                                  cerned. “Encryption fundamen-         as they design next-generation
communications.                        The FBI and police have other op-      tally is about math,” said Mike       encryption systems. The idea of
While various experts are explor-      tions even if they can’t read en-      McNerney, a fellow on the Truman      allowing law enforcement secure
ing ways of resolving the impasse,     crypted files and messages. So-        National Security Project and a       access to encrypted information
none are making much headway.          called metadata — basically, a         former cyber policy adviser to the    doesn’t faze Nathan Cardozo,
For now, the status quo favors civil   record of everyone an individual       Secretary of Defense. “How do         a staff attorney for the San Fran-
libertarians and the tech indus-       contacts via phone, email or text      you compromise on math?” He           cisco-based Electronic Frontier
try, although that could change        message — isn’t encrypted, and         calls the idea of backdoors “silly.”  Foundation, provided a warrant
quickly — for instance, should         service providers will make it avail-  Some in law enforcement have          is involved. Unfortunately, he says,
another attack lead to mass U.S.       able when served with subpoenas.       compromise ideas of their own.        cryptographers agree that the
casualties. Such a scenario could      Data stored on remote computers        The Manhattan District Attor-         prospect is a “pure fantasy.”q
stampede Congress into passing
hasty and potentially counterpro-
ductive restrictions on encryption.
“There are completely reasonable
concerns on both sides,” said Ye-
shiva University law professor Deb-
orah Pearlstein. The aftermath of
an attack, however, “is the least
practical time to have a rational
discussion about these issues.”
Encryption plays a little heralded,
yet crucial role in the modern
economy and daily life. It protects
everything from corporate secrets
to the credit-card numbers of on-
line shoppers to the communica-
tions of democracy advocates
fighting totalitarian regimes.
At the same time, recent deci-
sions by Apple and Google to en-
crypt smartphone data by default
have rankled law enforcement of-
ficials, who complain of growing
difficulty in getting access to the
data they feel they need to build
criminal cases and prevent at-
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