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FBI Couldn't Access Nearly 7,000 Devices Because of Encryption (foxbusiness.com)

Michael Balsamo, writing for Associated Press: The FBI hasn't been able to retrieve data from more than half of the mobile devices it tried to access in less than a year, FBI Director Christopher Wray said Sunday, turning up the heat on a debate between technology companies and law enforcement officials trying to recover encrypted communications. In the first 11 months of the fiscal year, federal agents were unable to access the content of more than 6,900 mobile devices, Wray said in a speech at the International Association of Chiefs of Police conference in Philadelphia. "To put it mildly, this is a huge, huge problem," Wray said. "It impacts investigations across the board -- narcotics, human trafficking, counterterrorism, counterintelligence, gangs, organized crime, child exploitation." The FBI and other law enforcement officials have long complained about being unable to unlock and recover evidence from cellphones and other devices seized from suspects even if they have a warrant, while technology companies have insisted they must protect customers' digital privacy.

35 of 299 comments (clear)

  1. apples new face unlock will make it easy! by Joe_Dragon · · Score: 4, Funny

    apples new face unlock will make it easy!

    1. Re:apples new face unlock will make it easy! by networkBoy · · Score: 4, Interesting

      no different than print unlocks. You can be compelled to give your print (face) so just turn it off.

      What I wish is that there was a stock way to program a panic print, such that you enter that print and the phone locks requiring a PIN to unlock. Set your middle finger to be the panic print and when you pull your phone out of your pocket near a risk situation just touch the sensor on the way out. A distinct vibrate could let you know it took.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:apples new face unlock will make it easy! by seinman · · Score: 4, Informative

      On an iPhone, this is accomplished by pressing the lock button five times in a row. A little more cumbersome, but still easy enough to do quickly if the need arises.

    3. Re:apples new face unlock will make it easy! by un1nsp1red · · Score: 3, Insightful

      I use Nova Launcher on my Pixel XL and you can do something very similar -- I have mine set so if I double-tap the screen at any time it instantly locks the screen and switches from print-unlock to PIN. Not sure if it works with a specific 'panic print' -- I set it a long time ago and haven't revisited the settings.

    4. Re:apples new face unlock will make it easy! by tlhIngan · · Score: 3, Interesting

      no different than print unlocks. You can be compelled to give your print (face) so just turn it off.

      What I wish is that there was a stock way to program a panic print, such that you enter that print and the phone locks requiring a PIN to unlock. Set your middle finger to be the panic print and when you pull your phone out of your pocket near a risk situation just touch the sensor on the way out. A distinct vibrate could let you know it took.

      1) On iOS, pressing the power button 5 times quickly will disable biometrics and require the PIN/password/etc authentication. ("Emergency mode" it's called)

      2) Face ID requires you to look at it. If you're not looking at it it will refuse to do a recognition attempt (but still count as one of the 5 tries). If you failed to do step 1 when handing over your phone, looking everywhere else (or closing your eyes) is sufficient to fail scanning. This also means pointing the phone at your face from a distance will fail it. (And as well, it will probably scan whoever's got your phone as well, reducing the count before mandatory passcode).

    5. Re: apples new face unlock will make it easy! by cayenne8 · · Score: 3, Informative

      That or a setting for "After n failed attempts require PIN" setting, then set n == 1 or 2 and just use a finger that isn't programmed.

      How about just NOT using face or print to open, and just keep using a fairly complex password.

      And...keep your phone locked at all times requiring that password to open.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    6. Re:apples new face unlock will make it easy! by WillAffleckUW · · Score: 3, Funny

      The safest way is to use the SSN of the NSA chief. I find nobody ever uses this as their PIN, and it's ironic.

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      -- Tigger warning: This post may contain tiggers! --
    7. Re: apples new face unlock will make it easy! by tlhIngan · · Score: 3, Insightful

      How about just NOT using face or print to open, and just keep using a fairly complex password.

      That actually leads to less security. Because prior to fingerprint sensors, about 50+% of phones had no passcode system enabled whatsoever.

      The reason? It turns out passcodes are the antithesis to how these devices are operated - often glanced at (unlocked) hundreds of times a day, with each interaction lasting a few seconds, tops. Entering a passcode is enough of a bother that people don't actually... bother.

      That's why they have biometric sensors - the goal is to turn that 50% of devices with no lock into a very low percentage - the biometric allows for quick and easy unlocking of the phone (basically without getting in the way) but have the benefits of a locked phone.

      You see this in real life too - next time, check out the password your retail guy uses when they check you out - because the checkout kioss are typically locked, you'll find they have a quick password they can enter so they can get your transaction done quickly.

    8. Re: apples new face unlock will make it easy! by jwhyche · · Score: 3, Insightful

      Because most of us don't have anything on our phones that is worth going to prison to keep hidden. In fact even with a finger print and key number on my phone, if the law enforcement showed me a court order to unlock my phone I am pretty sure that I will do it. After consulting my attorney, and of course following his advice first.

      Point is there is nothing on my phone but pictures of my kids, grandkids, and 1 picture of my exwife, plus my family contacts. Nothing that I need to secure enough to type in a 16 digit pin for everytime I want to make a phone call or buy a bag of chips.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    9. Re: apples new face unlock will make it easy! by Dare+nMc · · Score: 3, Insightful

      How about right hand unlocks, left hand dead-shorts the battery.

      If you destroy it after you were asked to hand it over, then that would likely be destroying evidence (a crime.) If the data was encrypted, and only the method to unlock changed. It would be much tougher to make a case against you.

    10. Re: apples new face unlock will make it easy! by jwhyche · · Score: 3

      But most importantly is we shouldn't have too.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    11. Re: apples new face unlock will make it easy! by Altrag · · Score: 3, Insightful

      So the old "nothing to hide, nothing to fear" argument?

      Say you get pulled over by a particularly obnoxious cop who really takes a dislike to you but can't find a legit reason to arrest you.. so he looks through your phone and finds a picture of your grandkid in the bath when they were 8 months old.. Bam! Child porn!

      Even if that gets thrown out (you it almost certainly would because I've made the scenario intentionally extreme to the point of silly,) the fact that you even got arrested for it is now on your permanent record and is going to have to be explained any time you need to look for a new job or cross the border or any other such things where they want to look at your criminal record.

      OK so you decide you won't show your phone to whatever beat copy happens to pull you over and will only show it after consulting with your lawyer.. so now they're going to arrest you for refusing to cooperate instead so that they can take you into the station while you make the call. And certainly refusing to cooperate may not sound as bad as child porn on your record but has a much better chance of being upgraded from "arrested" to "charged" since you technically did refuse to cooperate in that instance, whether or not they find anything more serious to charge you with.

    12. Re: apples new face unlock will make it easy! by jwhyche · · Score: 3

      So the old "nothing to hide, nothing to fear" argument?

      No. Again read what I said and take note of where I said "with a court order" and "upon advice from my attorney." You need to read what is said and not read into something you think it says.

      It is the same thing if they show up at my door with a search warrant, which is a court order, I'm going to let them search. I'm in no way saying "here search my phone just simple because you want too."

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
  2. Alternatively... by computational+super · · Score: 5, Interesting

    Or, they're saying that they can't access these devices to lull criminals into a false sense of complacency.

    --
    Proud neuron in the Slashdot hivemind since 2002.
  3. Great news by AmiMoJo · · Score: 4, Insightful

    Encryption works as designed.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    1. Re:Great news by Anonymous Coward · · Score: 5, Interesting

      My thoughts exactly. The State does not have, nor ever had, unlimited authority over information, specifically MY information. To say that this is a problem is to cast it as a negative. It is not.

    2. Re: Great news by Cyberpunk+Reality · · Score: 4, Insightful

      Give them this and in 10 years they'll be whining about how unfair it is that they need a warrant to read your mind.

      --
      Rule 35 of the internet: "If it can be hacked, it will be". - Charles Stross
    3. Re:Great news by jwhyche · · Score: 3

      Better plan. Dump a few hundred photos from "granny on granny" into a folder called "Russian election plan." Then let the fun begin.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
  4. Did they have a warrant? by HiThere · · Score: 4, Interesting

    On how many of those devices did they have a warrant to even try to access them?

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
    1. Re:Did they have a warrant? by Koby77 · · Score: 4, Insightful

      Along similar lines, I wonder how many of those devices will have any actual evidence of wrongdoing? If we recall, the FBI desperately wanted to backdoor the cell phone of the San Bernadino terrorists, which they eventually did, but found no information of value. Just because the FBI says "6900 devices" doesn't really mean anything to me. Peoples' privacy deserves protection more than the FBI needs to backdoor everyone's cell phone just so that they can score the occasional long-shot conviction.

  5. on a separate note by ad454 · · Score: 5, Insightful

    The FBI can't beat confessions out of thousands and thousands of suspects, making it harder to get convictions from criminals hiding critical evidence in their encrypted (non-cleartext) brains.

    Sorry, but some sacrifices are needed to keep democracies from becoming police states. Especially when it is always the police asking for more an more power over citizens they are supposed to protect.

  6. Does anyone have a list of devices? by Distan · · Score: 4, Interesting

    Does anyone have a list of devices the FBI can't decrypt? I'd like to make sure my next phone is one on the list, but I'm not sure which Android devices pass that test.

  7. Well, you got greedy by cerberusss · · Score: 5, Insightful

    Basically they got greedy. They wanted dragnet-like capabilities, and they were like "well fuck these civilians". They went too far, and now found out about that Dutch saying that says: "trust arrives walking, and departs on horseback".

    And now nobody trusts these three letter agencies anymore. And now they're whining like toddlers, saying "this is a huge, huge problem" when in fact they created the problem themselves.

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    8 of 13 people found this answer helpful. Did you?
    1. Re:Well, you got greedy by DNS-and-BIND · · Score: 3, Interesting

      My favorite was when they shouted "You can't trust Kapersky! Dirty foreigners!" Yeah, more like they have the US antivirus makers in their pocket and Kapersky isn't under their control. Honestly the three letter agencies are more of a threat to me as a US citizen than any foreign intelligence.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:Well, you got greedy by AHuxley · · Score: 3, Informative

      The problem was different thinking between the USA and UK.
      The UK was able to keep a secret and got all Irish communications. Only a few in the UK mil, GCHQ and Royal Ulster Constabulary Special Branch had any idea about the "collect it all" networks, results that covered all communications in, into and out of Ireland. Voice prints found one or both sides of all new, interesting conversations.
      "How Britain eavesdropped on Dublin" (15 July 1999) http://www.independent.co.uk/n...
      No lawyers, no human rights lawyers, court workers, telco workers, police, journalists had the information to understand national and international collection in/in and out of Ireland.
      Irish funding, direct support from the USA was discovered and tracked back to its origins in the USA by the UK mil thanks to the use of phone networks.
      The funding and flow of material into Ireland from the USA was then stopped.
      If interesting people did not understand how total network collection worked globally they just kept on talking.

      The results allowed the UK mil and Special Branch to focus in on small groups, offering each interesting person a deal to turn informant or consider other methods.

      The USA is now different. The gov needs publicity, budget growth for contractors, good cyber police news stories for the news cycle.
      US human rights lawyers, court workers, telco workers, contractors, ex and former police, journalists, cult members, faith groups, criminals now understand the inner workings of police network collection and what a phone will not keep secure.
      The USA told the world decades of the UK's best kept "collect it all" secrets so US police could get into phone crypto for open courts.
      The UK had the better idea and kept methods secure, the USA will see easy collect it on consumer grade phones go dark due to methods been discovered in the courts.
      WARRIOR PRIDE https://en.wikipedia.org/wiki/...
      Interesting people who would have once kept on talking, inviting new people to talk (voice print of the new person) will just move to more traditional methods of communications. Well way from junk consumer devices and brands with open mics.
      What could have been decades of total network collection was lost to needing good news about a few US court cases.

      --
      Domestic spying is now "Benign Information Gathering"
  8. No convictions prior to 2006 by Koby77 · · Score: 4, Insightful

    I wonder how the FBI scored prosecutions before mobile devices were invented? I guess they must not have solved any crimes at all?

  9. Reaping what you sow. by Anonymous Coward · · Score: 5, Informative

    To put it mildly, this is a huge, huge problem,"

    Hey, FBI?

    No, it isn't, but do you remember this? The absolutely massive violations of the 4th amendment by the USGov? THAT is a "huge, huge problem". The intrusion into the personal life of billions of ordinary, peaceful, law abiding citizens around the world (not just in the USofA). No-warrant, mass surveillance, like we used to blame the USSR and GDR for.

    You violated the spirit and the letter of the law on such a scale that the world pushed back. You were given our trust, and you violated it. Not just here and there, exceptionally. No, you violated it systemically and constantly, for decades. And you are still doing so. No one who violated those laws has seen their day in court, a single day in prison, a single dollar of fine. You turned yourselves into a surveillance state.

    So yes, we are pushing back and we will KEEP pushing back, harder than ever. We will reclaim the rights you stole from us, with or without your permission. Because that's how things work in a free society - something you wouldn't understand.

    Sincerely,
    The rest of us who aren't tyrannical fucks.

  10. Re:Crybabies by TechyImmigrant · · Score: 4, Funny

    FBI confirmed for whiny crybabies who want to be spoonfed everything instead of doing the jobs they were hired to do.

    Let's face the facts. There can only be two choices when it comes to encryption: Ban ALL encryption for consumer devices (which would be a gigantic leap backwards and create a massive security issue for everyone) or leave encryption alone. Compromising encryption algorithms IS A NON-STARTER.

    Of course if they banned encrytion, then of course the rich, and politicians would still manage to have it, as would EVERY SINGLE CRIMINAL AND TERRORIST with the means and wherewithal to find and use it, so banning encryption is also a NON-STARTER. The Djinn is already out of the bottle, we do not have time travel machines, you can't go back in time and prevent encryption from being invented, fucking DEAL WITH IT, LAW ENFORCEMENT!

    Do you use bold and all-caps because you only want me to read those bits, or is it because you want me to read those bits more intensely than the non-bold-or-all-caps bits?

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  11. Re:The problem by Rick+Schumann · · Score: 4, Insightful

    You're preaching to the choir, and our so-called 'law enforcement' doesn't care about little trifles like facts and logic and reason, they just want total and complete control over every citizen at all times, and FUCK THE CONSTITUTION. Also it's not like this hasn't been the problem with any law enforcement since such a thing was ever invented, law enforcement attracts a certain mindset that wants power over people, and the ability to bully them into doing whatever they're told, right or wrong, good or bad, fair or not, with utter impunity. There are some police who are fair and reasonable but they're few and far between, and once the more typical types rise to power within their respective organizations, the ones who are most like them feel free to stop hiding who they really are. Also doesn't help that the law enforcement lifestyle attracts extremists like white supremacists and neo-nazis/neo-nazi sympathizers and other types of racists and bigots. That's why we have checks and balances built into law enforcement, to keep them from running rampant. Lately they're being encouraged from various quarters to feel free to do as they please, therefore we see the problems we're having today. As usual we need to institute reforms (again) and weed out the worst of them (again) to show that The People are what count here and who (should) have the real power in this country, not jackbooted thugs with guns and badges.

  12. Re:As it should be by Koby77 · · Score: 4, Insightful

    If I were the FBI, I'd keep the actual cell phone of a suspect, but give them back an identical looking cell phone. It wouldn't have their original data on it, but instead a key logger, which would keylog the password once the phone is booted up and then send it on to FBI HQ.

  13. What debate by rsilvergun · · Score: 4, Insightful

    There's a handful of law enforcement people who want backdoors. Everyone else says no. You need a few more participants on the other side before it qualifies as a 'debate'.

    --
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  14. Re:Maybe by I'm+New+Around+Here · · Score: 3, Funny

    You're right. I usually traffic my drugghumans with pickup trucks.

    --
    If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  15. You reap what you sow by Solandri · · Score: 4, Informative
    Back in the 1970s when DES was being standardized, The NSA told the standards body to remove certain sets of keys from possible use in DES. There was widespread speculation that the NSA had weakened DES, but in the 1990s differential cryptanalysis was discovered (outside classified circles). And it turned out the keys the NSA said to remove were vulnerable to differential cryptanalysis.

    When the govenrment is working for the people to strengthen the products they use, the people are more willing to go along with its recommendations. And to trust it when it says it needs a backdoor and will only use it with a warrant in cases of criminal or national security importance.

    But the last two decades has seen multiple revelations that the government is working against the people - violating the 4th Amendment under the veil of secrecy. When the public gets a whiff of that, they start to distrust the government. Not only do they refuse to put in backdoors, they start implementing security measures that even they cannot bypass if they lose the key. "Just to be on the safe side."

    The U.S. government has nobody to blame but themselves for letting things to get to this point. Once you lose the people's trust, the people stop going out of their way to make things easier for the government, and in fact will start doing things to make things harder for the government.

    If we recall, the FBI desperately wanted to backdoor the cell phone of the San Bernadino terrorists

    Incidentally, that was a PR snowjob by Apple. The cell phone in that case didn't belong to the terrorists. It actually belonged to the San Bernardino County government. It was assigned to one of the terrorists as a work phone. Apple was basically arguing that they should not be compelled to give the owner of a phone access to information on the phone in the case of a (potential) dire emergency. If you follow through on their argument, employers would not have access to company phones they provided to employees, parents would not have access to phones they bought for their kids, you could not authorize police to pull GPS data from a phone you lent to a friend when they went hiking and got lost. It's an argument which weakens the concept of ownership (right of the owner to know what their property is being used for, vs the user's right to privacy).

  16. Nope. Try again. by Brannon · · Score: 3, Informative

    Face ID can't be tricked by showing it an image, not even a 3D image, because it doesn't work using optical imaging.

  17. That wasn't Apple's argument by Brannon · · Score: 4, Insightful

    > Apple was basically arguing that they should not be compelled to give the owner of a phone access to information on the phone in the case of a (potential) dire emergency.

    Apple had several arguments, the most powerful of which was that the government had not proven that Apple was the only party which had sufficient expertise to crack the phone--the law only gives the government authority to force a company to aid in this type of situation when there's no reasonable alternative.

    But if it makes you feel better about yourself to concoct some sort of anti-Apple fiction, then please do. Maybe you won't need to kick a puppy on the way home then.