As FBI Fearmongers About 'Going Dark' Because Of Encryption, Actual Wiretaps Almost Never Run Into Encryption
from the all-that-fuss-over-this? dept
The FBI has been really screaming its head off about the evils of encryption over the last year or so. Director James Comey keeps fearmongering about encryption, though when asked to give examples of cases where encryption had created problems, all of his “examples” turn up empty. Yet, the FBI keeps insisting that something needs to be done and, if not, there’s a real risk of “going dark.” One of Comey’s top deputies has insisted that tech companies need to “prevent encryption above all else.” And the fearmongering is working. Some politicians are already freaking out about this so-called “going dark” scenario.
In fact, next Wednesday, both the Senate Intelligence Commitee and the Senate Judiciary Committee are hosting “hearings” for Comey, about the issue of “going dark” due to encryption. The Intelligence Committee’s is called “Going Dark: Encryption, Technology, and the Balance Between Public Safety and Privacy,” while the Judiciary’s is “Counterterrorism, Counterintelligence, and the Challenges of ‘Going Dark.'”
So it’s rather interesting that before all that, the US Courts had released their own data on all wiretaps from 2014, in which it appears that encryption was almost never an issue at all, and in the vast majority of cases when law enforcement encountered encryption, it was able to get around it. Oh, and the number of wiretaps where encryption was even encountered has been going down rather than up:
The number of state wiretaps in which encryption was encountered decreased from 41 in 2013 to 22 in 2014. In two of these wiretaps, officials were unable to decipher the plain text of the messages. Three federal wiretaps were reported as being encrypted in 2014, of which two could not be decrypted. Encryption was also reported for five federal wiretaps that were conducted during previous years, but reported to the AO for the first time in 2014. Officials were able to decipher the plain text of the communications in four of the five intercepts.
Obviously, if more communications are encrypted by default, it’s true that the numbers here would likely rise. But the idea that there’s some massive problem that requires destroying the safety of much of the internet, seems more than a bit far-fetched.
As computer security expert Matt Blaze noted in response to all of this, aren’t there a lot of other tools out there that hide criminals from law enforcement as well? Why is there this moral panic about encryption?
I’ll bet burglars wore gloves to avoid leaving fingerprint evidence a lot more than four times last year. Time for a war on gloves?