Security, Privacy, and the Fight Over Encryption

The current dispute between Apple and the FBI amplifies the ongoing debate between U.S. tech firms and law enforcement agencies about encryption.  At issue in this case is how to access an iPhone that belonged to one of the people responsible for the San Bernardino shooting in December 2015. The FBI wants to access the phone as part of their investigation into the attack, but they cannot because the phone is protected by a password, and the phone will delete its data if the wrong password is entered too many times. As a result, the FBI has requested that Apple create a way for them to circumvent this security feature – a request that Apple has adamantly refused. The clash between the two parties is being played out in federal court, but both parties are also trying to convince Congress to weigh in on the issue.

The FBI has been able to make a sound argument for why it should be given access to the phone in question. First, the investigation into the San Bernardino shooting is within the purview of the FBI, and the iPhone in question is a significant piece of evidence – its contents could be enormously useful for countering other terrorist threats in the U.S.  Second, the All Writs Act gives the government the authority to request that firms assist in accessing information that is relevant to an ongoing investigation. Third, the iPhone in question belongs to the city of San Bernardino, and they have consented to allow the FBI to access the phone. Therefore, the FBI has the authority to make the request, a legal foundation upon to base it, and the consent of the phone’s owner – in any other case that would be more than sufficient. However, the iPhone is both password protected and encrypted, and that is the crux of the current issue.