Going Dark

The government is in a bind – it wants to stop criminals and terrorists, but it also wants to support strong encryption. Navigating this quandary has been a problem for a while, and it is entering a new phase. Specifically, the government appears to be shifting its focus from compulsion to persuasion. Instead of crafting legislation that would require compliance from tech companies, the government is trying to convince them to cooperate voluntarily. Last Thursday, FBI Director James Comey described current efforts to work with tech companies on this issue as being “very productive,” and emphasized the need for constructive dialogue. He also made a point of highlighting how law enforcement and industry are finding common ground based on similar values and respect for civil liberties.

One of the FBI’s main arguments for wanting mandatory access to encrypted data took a blow during the hearing.  When questioned by Senate Homeland Security Chairman Ron Johnson about the number of suspected terrorists who moved to encrypted communications systems to avoid FBI observation, Comey said that the best number he could give publicly was dozens. The FBI has used the fear of terrorist attacks as one of the main driving forces in its campaign for greater access to encrypted communications.  Johnson expressed surprise at such a low number of cases.