The recent statements from FBI director James Comey is yet another example of the authorities’ opportunistic approach to surveillance. He dislikes the fact that mobile operating systems from Google and Apple now come with strong encryption for data stored on the device. This security feature is naturally essential when you lose your device or if you are a potential espionage target. But the authorities do not like it as it makes investigations harder. What he said was basically that there should be a method for authorities to access data in mobile devices with a proper warrant. This would be needed to effectively fight crime. Going on to list some hated crime types, murder, child abuse, terrorism and so on. And yes, this might at first sound OK. Until you start thinking about it.
Let’s translate Comey’s statement into ordinary non-obfuscated English. This is what he really said:
“I, James Comey, director of FBI, want every person world-wide to carry a tracking device at all times. This device shall collect the owner’s electronic communications and be able to open cloud services where data is stored. The content of these tracking devices shall on request be made available to the US authorities. We don’t care if this weakens your security, and you shouldn’t care because our goals are more important than your privacy.”
Yes, that’s what we are talking about here. The “tracking devices” are of course our mobile phones and other digital gadgets. Our digital lives are already accurate mirrors of our actual lives. Our gadgets do not only contain actual data, they are also a gate to the cloud services because they store passwords. Granting FBI access to mobile devices does not only reveal data on the device. It also opens up all the user’s cloud services, regardless of if they are within US jurisdiction or not.
In short. Comey want to put a black box in the pocket of every citizen world-wide. Black boxes that record flight data and communications are justified in cockpits, not in ordinary peoples’ private lives.
But wait. What if they really could solve crimes this way?
Yes, there would probably be a handful of cases where data gathered this way is crucial. At least enough to make fancy PR and publically show how important it is for the authorities to have access to private data. But even proposing weakening the security of commonly and globally used operating systems is a sign of gross negligence against peoples’ right to security and privacy. The risk is magnitudes bigger than the upside.
Comey was diffuse when talking about examples of cases solved using device data. But the history is full of cases solved *without* data from smart devices. Well, just a decade ago we didn’t even have this kind of tracking devices. And the police did succeed in catching murderers and other criminals despite that. You can also today select to not use a smartphone, and thus drop the FBI-tracker. That is your right and you do not break any laws by doing so. Many security-aware criminals are probably operating this way, and many more would if Comey gets what he wants. So it’s very obvious that the FBI must have capability to investigate crime even without turning every phone into a black box. Comey’s proposal is just purely opportunistic, he wants this data because it exists. Not because he really needs it.
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