FBI director James Comey is displeased with Apple’s new privacy feature. He says it basically helps dangerous people, such as terrorists, pedophiles or kidnappers escape the law. He believes Apple’s encryption standards “put people above the law”.
Recently, Apple has made some improvements in order to enhance its users’ privacy. Now, the only person who can access any information from an Apple device is the owner himself. Whenever someone sends a text message which is encrypted on your device, it goes through Apple’s servers as an encrypted code which no one can decode. It can get decrypted only on the recipient’s iPhone, using a specific passcode. Another reason why the FBI might be displeased is the fact that even Google promises to do something similar for its Android devices. James Comey declared: “The notion that people have devices, that with court orders, based on a showing of probable cause in a case involving kidnapping or child exploitation or terrorism, we could never open that phone? My sense is that we’ve gone too far when we’ve gone there.” Comey went on comparing Apple’s move to someone selling a car with a trunk that cannot be opened by the FBI or any law enforcement with a court order.
However, the truth is not entirely so. The FBI can still access any phone data, but they will need a warrant in order to do so. In case a person refuses to co-operate with the FBI, they can ask a federal judge to force them to. If they face refusal even afterwards, they can arrest that person and hold them in contempt of court. The only main difference is that the FBI will have to be completely open about accessing your personal data. Joel Kurtzberg, a lawyer who specializes in First Amendment cases said: “This is going to make it harder for law enforcement. Now, they’ll have to tip off their target. And it will result in instances where someone will destroy evidence”.
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On the other hand, if devices can be opened by law enforcement, it means they can be accessed by anyone, including hackers. If the owner of a device is the sole person who can access the encrypted data, law enforcement cannot gain access to your data via Apple or Google. This means hackers won’t be able to either. This seems to be a user-friendly method of providing privacy, however, it can also have a negative impact on the work of law enforcement, such as the FBI or CIA.