Apple’s Encryption Will Slow, Not Stop, Cops And Spies

Oct. 2 (Bloomberg) -- While the newest Apple and Google smartphones will automatically encrypt data stored on them, that wont keep U.S. law enforcement and intelligence agencies from obtaining evidence linked to the devices. Bloombergs Jordan Robertson reports on Bloomberg West. (Source: Bloomberg)

While the newest Apple Inc. (AAPL) and Google Inc. (GOOGL) smartphones will automatically encrypt data stored on them, that wont keep U.S. law enforcement and intelligence agencies from obtaining evidence linked to the devices.

Marketing by the two companies in which they pledge to shield photos, documents, contact lists and other data from the prying eyes of government or hackers won plaudits from privacy advocates. It also drew condemnation from U.S. Attorney General Eric Holder, FBI Director James Comey and local police officials who say it will make it harder to investigate crimes ranging from child abuse to drug trafficking and terrorism.

Those assertions are wildly exaggerated because police can still obtain evidence through traditional court warrants while revelations about government spying show the National Security Agency can break or bypass encryption for terrorism investigations, said Jonathan Turley, a constitutional-law professor at The George Washington University Law School.

Citizens should not assume that these encryption devices will necessarily prevent government from intercepting communications, Turley said in a phone interview. If history is any guide, the government will find a way to penetrate these devices.

The issue has renewed tension between law enforcement and intelligence agencies and technology companies trying to stand up for the privacy rights of their users. Apple, Google and other companies have been trying to restore their reputations after revelations by former NSA contractor Edward Snowden that they cooperated with government spying programs in the past.

The companies announced in recent weeks that their new phones will automatically scramble data so that a digital key kept by the owner is needed to unlock it, making it harder for detectives to examine the content of suspects phones without their knowledge or cooperation. Previously, such encryption was an option that required users to endure a time-consuming process to activate.

This is going to have a very big impact on law enforcement, said Stewart Baker, a former general counsel for the NSA and now a partner at the law firm Steptoe & Johnson LLP in Washington. There will be crimes that people get away with because this information is not available.

However, many traditional investigative methods will still work, he said.

Wiretaps would still work. You can also get call-details records, he said. Thats available from the phone companies and its not affected by this decision.

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Apple’s Encryption Will Slow, Not Stop, Cops And Spies