FBI Chief: Apple, Google Phone Encryption Perilous

An anonymous reader writes The FBI is concerned about moves by Apple and Google to include encryption on smartphones. "I like and believe very much that we should have to obtain a warrant from an independent judge to be able to take the contents," FBI Director James Comey told reporters. "What concerns me about this is companies marketing something expressly to allow people to place themselves beyond the law." From the article: "Comey cited child-kidnapping and terrorism cases as two examples of situations where quick access by authorities to information on cellphones can save lives. Comey did not cite specific past cases that would have been more difficult for the FBI to investigate under the new policies, which only involve physical access to a suspect's or victim's phone when the owner is unable or unwilling to unlock it for authorities."

Comments

Re:...allow people to place themselves beyond the

[Anonymous Coward]

Sure about that?

Citation: Know Your Rights!

If the police ask for my encryption keys or passwords, do I have to turn them over?
A: No. The police can't force you to divulge anything. However, a judge or a grand jury may be able to. The Fifth Amendment protects you from being forced to give the government self-incriminating testimony. If turning over an encryption key or password triggers this right, not even a court can force you to divulge the information. But whether that right is triggered is a difficult question to answer. If turning over an encryption key or password will reveal to the government information it does not have (such as demonstrating that you have control over files on a computer), there is a strong argument that the Fifth Amendment protects you. If, however, turning over passwords and encryption keys will not incriminate you, then the Fifth Amendment does not protect you. Moreover, even if you have a Fifth Amendment right that protects your encryption keys or passwords, a grand jury or judge may still order you to disclose your data in an unencrypted format under certain circumstances. If you find yourself in a situation where the police are demanding that you turn over encryption keys or passwords, let EFF know.

Re:Rich like the Twinkie Filling

[FatdogHaiku]

There is no trial or sentence for Contempt. They just lock you up until you comply.
http://en.wikipedia.org/wiki/Contempt_of_court#In_use_today
One guy spent 14 years behind bars.
http://abcnews.go.com/2020/story?id=8101209

Re:Wisdom

[Anonymous Coward]

“The beginning of wisdom is to call things by their proper name.” --Confucius

FBI Director James Commie.

We are already living in an "inverted totalitarian state". I quote:

Inverted totalitarianism differs from classical forms of totalitarianism, which revolve around a demagogue or charismatic leader, and finds its expression in the anonymity of the corporate state. The corporate forces behind inverted totalitarianism do not, as classical totalitarian movements do, boast of replacing decaying structures with a new, revolutionary structure. They purport to honor electoral politics, freedom and the Constitution. But they so corrupt and manipulate the levers of power as to make democracy impossible.

There has been a slow motion coup d'etat over the past number of years. Private oligarchical corporations have won. They now openly bribe congressmen, write laws, and underwrite our new NSA surveillance state. You can vote for who you want. It may make some small difference. But you will not substantially influence the levers of power by simply voting.

This FBI leader is just a mouthpiece for the surveillance state. I don't trust anything he says.

Re:Maybe if they didn't abuse

[fustakrakich]

Obama is to blame for everything bad and previous governments did nothing wrong.

I don't give shit about previous governments. Fuck Bush! He's history... Obama is to blame for what the present government is doing now... Get it?? He was elected president to be responsible, and dammit, he sure is!

Muh childrens

[Ash-Fox]

Comey cited child-kidnapping and terrorism cases as two examples of situations where quick access by authorities to information on cellphones can save lives.

From the article.

Hmm, where have I seen something like this before... Oh wait, I know!

The state must declare the child to be the most precious treasure of the people. As long as the government is perceived as working for the benefit of the children, the people will happily endure almost any curtailment of liberty and almost any deprivation.

-- Hitler, Mein Kampf