Thursday, September 25, 2014

Law Enforcement and its Hatred of Encryption

                Ever since Edward Snowden made huge revelations regarding government data collection last June, privacy has been a popular talking point in the media and among the tech-savvy.  In response to the revelations, many companies have begun massive efforts to secure their customer’s data to keep prying eyes from seeing personal information.  Following suit, Google and Apple have announced that new iterations of their mobile phone operating systems will be encrypted by default, and they will be throwing away their keys.  This means that the only way to access the data stored on those devices is by learning the password from the owner of the device.  While this hardware encryption is a necessity for privacy and protection, some serious questions have come up from law enforcement agencies across the nation.
Local device encryption is one of the most important ways to keep data secure.  Allowing a company to share a key with you is a major liability, likened to both you and the bank holding keys to your home.  First, it means that malicious attacks targeted at the company could jeopardize your own privacy despite any security measures you already have.  Second, it means that the company holding that key could process any of your private information to sell to advertisers without your knowledge.  Third, it could allow law enforcement agencies to access your sensitive information without your knowledge or potentially even a warrant.
Department of Justice officials have already come out against the policies.  According to techdirt.com, former FBI general counsel member Andrew Weismann has claimed that the move by Apple is essentially announcing to criminals, “use this” to commit crimes.  Another official claims that some cases may be impossible to solve without access through Apple’s and Google’s cooperation, citing kidnapping and terrorism as reasons to forego local encryption.
What makes the officials’ complaints unfounded is fairly simple, though.  While local files and information will be hidden from inspection, Apple and Google both have policies and procedures for working with law enforcement agencies.  Local files have always been difficult to access without the user’s password, especially on laptop computers that aren’t connected to the web as frequently or consistently as mobile phones.  These policies don’t stop either company from obeying warrants that request access to account information or communication records kept off of the device.  Similarly, GPS location and similar data is not hidden, meaning the threat of kidnapping is not nearly as severe as they claimed.
The real question, though, is why agencies shouldn’t have access to the data.  Personal records, including email, text messages, and pictures, are private property and should be treated as such.  Bank records, medical information, and business communications are often kept in locked boxes, with only one person holding the key.  Electronic data, which can be just as, or even more, sensitive needs to be protected just as securely.  New laws need to be written to protect data owners from unwarranted access to their files.  Similarly, just like in cases of physical information, procedures need to be put in place for criminals who refuse to release passwords after warrants have been granted.  Outside of these situations, there is no reason for any agency to have access to your data.  Apple and Google are making policies that are here to protect our information from people who shouldn’t have it.

  

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