Senator Dianne Feinstein and Jim Patterson on Encryption Legislation

Dear Mr. Patterson:

Thank you for writing to express your concerns regarding encryption technology on mobile devices and other platforms in the wake of the December 2, 2015 terror attack in San Bernardino, California.  I appreciate hearing from you, and I welcome the opportunity to respond. 

On February 16, 2016, Magistrate Judge Sheri Pym of the Federal District Court of Central California issued an order requiring Apple to assist the FBI in its effort to access encrypted data on the recovered phone of Syed Rizwan Farook, one of the San Bernardino killers. The phone was actually owned by San Bernardino County, Mr. Farook’s employer at the time. And the FBI received the county’s consent to search its contents. Moreover, the FBI established probable cause to justify legal access to the phone’s content and received a warrant to search it.  

In response, Apple issued a public letter stating their intent not to comply with the court order.  Fortunately, while the case was pending, the FBI found an alternative means to access the data on the San Bernardino phone and the court proceeding became moot. 

I understand that you support the court’s order because you believe Apple’s refusal to comply with the order interfered with an important criminal investigation.  I agree.  While I welcome efforts by technology companies to improve the security of their devices from cyber intrusions, I strongly support the valid interests of law enforcement to thoroughly investigate terrorism crimes and the judiciary’s role to ensure that law enforcement abides by constitutional protections.  Law enforcement has always been permitted to seek and obtain warrants from a court where there is probable cause, in keeping with the Constitution. 

You may be interested to know that on April 13, 2016, along with Senator Richard Burr (R-NC), I introduced draft legislation called the “Compliance with Court Orders Act of 2016” to ensure that technology companies comply with court orders to render technical assistance to access encrypted data.  Terrorists and criminals are increasingly using encryption to foil law enforcement efforts and endanger Americans.  While strong encryption helps protect personal data, law enforcement must also be allowed to investigate when terrorists are plotting deadly attacks when a court has also approved a warrant to access information.

Please be assured that I will keep your thoughts in mind as I continue to follow this issue.  If you have any further comments or concerns, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841.

Sincerely yours,


  Dianne Feinstein
         United States Senator
Further information about my position on issues of concern to California and the nation are available at my website, feinstein.senate.gov. And please visit my YouTube, Facebook and Twitter for more ways to communicate with me.

Jim Note: I am happy to see Senator Feinstein working on this issue. I suspect we will have the same national debate after the horrific massacre in Orlando. We cannot allow our legal system to protect terrorists.

President Obama and Jim Patterson on ISIL Prior to Orlando

Dear James: Thank you for writing.  I have been meeting regularly with my national security team to discuss the situation in Iraq and how we can stop the advances made by ISIL in Iraq and Syria.  ISIL poses a threat to the Iraqi people, to the region, to the international community, and to the national security interests of the United States. Part of the reason I ran for this Office was to end our war in Iraq and welcome our troops home.  As Commander in Chief, I will not allow the United States to be dragged into fighting another war on the ground in the Middle East.  There is no American military solution to the larger crisis in Iraq; the only lasting solution is reconciliation among Iraqi communities and stronger Iraqi security forces.  Our assistance to Iraq includes sharing intelligence information, providing military advisers, and delivering ammunition and military equipment.  Additionally, we continue to work with the international community and government of Iraq to provide support for almost 3 million Iraqis displaced by conflict.  Our partnership with Iraq is premised on an inclusive political process—including steps that demonstrate the commitment of Iraqi leaders to represent the legitimate interests of all Iraqis.  We are encouraged by the progress made by Prime Minister Abadi to implement a national program to address the urgent needs and grievances of the Iraqi people. Beyond partnership with Iraq, we formed a global coalition of more than 60 countries and partners working to deny ISIL a safe haven, to counter the flow of fighters, and to diminish ISIL’s access to the sources of funding and weapons that have fueled the group’s advances in the Middle East.  At the same time, we are leading a diplomatic effort to work with Iraqi leaders and countries in the region to support stability.  Iraq’s leaders have taken important steps to enhance their relationships with regional partners, and to rise above their differences to forge support for a political plan for their country’s future.  All Iraqis, no matter which faith they follow, must be confident they can live safely in their country and advance their interests and aspirations through the political process rather than through violence. Again, thank you for sharing your thoughts.  America cannot and should not intervene every time there’s a crisis in the world, but our leadership is necessary to underwrite the global security and prosperity upon which our children and our grandchildren will depend.  And we must do whatever is necessary to protect the security of our Nation and the safety of our people. Sincerely, Barack Obama Jim Note: Second sentence in last paragraph I agree but as the world's sole superpower America must stand ready to defend against enemies including quasi State enemies like ISIL. This position, combined with effective focused diplomacy will, I believe, limit ISIL's global terror spread. .

President Obama writes Jim Patterson on the Korean Situation

Dear James: Thank you for writing.  The United States does not ignore what happens beyond our borders, and we are committed to promoting peace, security, and human rights throughout the world. Through its provocative and destabilizing behavior, pursuit of weapons of mass destruction and their means of delivery, and systematic, widespread human rights abuses, North Korea has isolated and impoverished its people and intensified its threat to international peace and security—including that of the United States.  Alongside our allies and partners around the world, we have condemned this behavior, enhanced efforts to deter and defend against threats, and strengthened the multilateral sanctions regime to demonstrate that there are consequences for North Korea’s actions. My Administration is determined to prevent North Korea from achieving its stated goals of advancing its nuclear program and gaining international acceptance as a nuclear weapons state while pursuing economic development.  In addition to working with partners to fully enforce United Nations Security Council resolutions, I signed a new Executive Order to facilitate the implementation of additional sanctions of unprecedented breadth and strength, and to underscore our resolve to deter North Korea’s destructive behavior.  I am determined to stand by our country’s ironclad commitment to defend treaty allies in the region. We also share the international community’s concern about human rights abuses in North Korea.  The United Nations Commission of Inquiry has documented past and current abuses in painstaking detail, and we will continue working closely with our partners and allies to expose these actions and press North Korea to acknowledge and cease these serious violations. North Korea has a choice:  It can follow a path where it meets its obligations and enjoys greater security and prosperity, or it can stay on a course of confrontation and face more pressure and isolation. I remain open to opportunities for credible dialogue, but my Administration will not reward North Korea for undermining peace and stability or for defying the international community.  We will continue to hold North Korea accountable for destabilizing and repressive actions, and we will sustain our unbreakable alliance with South Korea. Thank you, again, for writing. Sincerely, Barack Obama Jim Note: I especially like the last sentence, "We will continue to hold North Korea accountable for destabilizing and repressive actions, and we will sustain our unbreakable alliance with South Korea." Given tensions, I must conclude the U.S. stands militarily to act if/when North Korea makes the decision to escalate militarily in South Korea. JEP