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The iPhone 5C was at the center of a legal battle between Apple and US Department of Justice.
CNET
Encryption protects our privacy and stops hackers, but it also hides criminals and terrorists. So, what should we do?
That was the question the House Energy and Commerce Committee asked the Federal Bureau of Investigation and other law enforcement heads on Tuesday. Apple and other tech experts are also set to testify before the committee today about the debate over how the use of encryption in tech products and services hampers law enforcement activities.
So far, concrete answers have been hard to come by. No simple solution has been proposed, at least not one the govement and tech companies can agree on.
"We support strong encryption," said Amy Hess, executive assistant director for science and technology at the FBI. She went on to say the agency understands the usefulness of encryption, but that companies need to find ways to give investigators user data when a warrant requires it.
Her Idea hint at the encryption battle raging between the govement and private sector. Tech companies continue to build stronger encryption, which scrambles data so it can be read only by the right person, into devices and services. The govement keeps filing court cases and drafting laws to make companies break that encryption. This was illustrated by the US Department of Justice's attempt to get Apple to help the FBI unlock the iPhone 5C of one of the shooters in the San Beardino, Califoia, terrorist attack.
Hess said the FBI already works with a number of companies that keep user data safe from hackers while still complying with court orders. However, she didn't name any companies or describe how they accomplish this.
Asked if the govement and private industry have an adversarial relationship, Hess said, "I hope not."
Charles Cohen, Indiana State Police commander in the Office of Intelligence and Investigative Technologies, was more blunt. He said companies didn't have a problem complying with court orders in the past, because they had keys to break their own encryption when given a warrant. That has changed in the past two years with the rollout of default encryption on devices and services that even companies can't break.
"Apple solved a problem that does not exist," said Cohen, adding that default encryption was uecessary.
The hearing comes a week after US Sens. Richard Burr and Diae Feinstein released a draft of a bill that would force companies to hand over decrypted user data or provide "technical assistance" in obtaining that data. The private sector, including cybersecurity companies, as well as privacy advocates, decried the bill, saying products with strong encryption would not allow companies to comply with the law.
The issue of encryption, Hess said at the hearing Tuesday, is one US citizens must face squarely. "It must be publicly debated and deliberated," she said.
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