Ride the Lightning

Congress Tells Tech Companies: Take Action on Encryption or We Will

December 11, 2019

It's getting gritty out there. CNET posted on December 10 that Congress sent a warning to tech giants yesterday, telling companies including Apple and Facebook that it intends to pass legislation to regulate encryption if Silicon Valley can't reach an acceptable compromise with law enforcement agencies.

Tech companies and privacy advocates have long supported encryption, noting that the privacy and security technology protects people from hackers, crooks and authoritarian government. Law enforcement officials, however, argue that encryption blocks criminal investigations by preventing access to suspects' devices and to their communications on messaging apps.

Apple's manager of user privacy, Erik Neuenschwander, said this: "At this time, we've been unable to identify any way to create a backdoor that would work only for the good guys . . . In fact, our experience is the opposite. When we have weaknesses in our system, they're exploited by nefarious entities as well."

The argument over encryption resurfaced in October after the Justice Department called on Facebook to pause its plans for encrypting all its messaging services. In March, Facebook CEO Mark Zuckerberg announced plans for the social network to focus more on privacy for its users.

So then we heard, "This time next year, if you haven't found a way that you can live with [weaker encryption], we will impose our will on you" from Senate Judiciary Committee Chairman Lindsey Graham

Facebook sent a letter to Attorney General William Barr saying it wouldn't weaken encryption on its WhatsApp messaging service. In Facebook's opening statement at the hearing, Jay Sullivan, the company's product management director for privacy and integrity, explained why.

"We oppose intentionally weakening the security of encrypted systems because doing so would undermine the privacy and security everywhere and leave them vulnerable to hackers, criminals and repressive regimes," Sullivan said.

Sullivan also warned that if the US imposed regulations on encryption, criminals would just move to foreign platforms where they aren't required to provide data to US law enforcement.

Several lawmakers at the hearing warned Apple's and Facebook's representatives that Congress would look into legislation if the companies couldn't provide data to law enforcement agencies.

This was a bipartisan warning, at least in part. Both Democrats and Republicans argued that investigating crimes is more important than overall privacy and security on devices. Sen. Richard Blumenthal, a Democrat from Connecticut, called out big tech's distancing itself from legal responsibility and warned that lawmakers would soon take action.

Lawmakers are hoping that the tech companies will take action on their own, without requiring legislation. I doubt that will happen, nor should it.

Backdoors don't work. Government raises sensitive issues around human trafficking and child pornography to inflame the public. What it really wants is to snoop at will on everyone and to deprive Americans of our right to privacy. My opinion, but there it is. Hang in there tech giants.

Sharon D. Nelson, Esq., President, Sensei Enterprises, Inc.
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