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.
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.
No comments:
Post a Comment