SoylentNews

AnonTechie writes:

PC World reports:

The U.S. Federal Bureau of Investigation is concerned about moves by Apple and Google to include encryption on smartphones, the agency’s director said Thursday.

Quick law enforcement access to the contents of smartphones could save lives in some kidnapping and terrorism cases, FBI Director James Comey said in a briefing with some reporters. Comey said he’s concerned that smartphone companies are marketing “something expressly to allow people to place themselves beyond the law,” according to news reports.

An FBI spokesman confirmed the general direction of Comey’s remarks. The FBI has contacted Apple and Google about their encryption plans, Comey told a group of reporters who regularly cover his agency.

[Additional Coverage]:
http://www.theregister.co.uk/2014/09/25/fbi_boss_slams_google_apple_for_encryption_that_puts_users_above_law/
http://www.huffingtonpost.com/2014/09/25/james-comey-apple-encryption_n_5882874.html

mendax writes:

The New York Times published an interesting story about the fears of the current FBI director:

The director of the F.B.I., James B. Comey, said Thursday that federal laws should be changed to require telecommunications companies to give law enforcement agencies access to the encrypted communications of individuals suspected of crimes.

... Mr. Comey warned that crimes could go unsolved if law enforcement officers cannot gain access to information that technology companies like Apple and Google are protecting using increasingly sophisticated encryption technology.

“Unfortunately, the law hasn’t kept pace with technology, and this disconnect has created a significant public safety problem,” he said.

Mr. Comey said that he was hoping to spur Congress to update the 20-year-old Communications Assistance for Law Enforcement Act, which does not require companies to give law enforcement direct access to individuals’ communications.

The F.B.I. has long had concerns about devices “going dark” — when technology becomes so sophisticated that the authorities cannot gain access to them. But now, Mr. Comey is warning that the new encryption technology has evolved to the point that it could adversely affect crime solving.

The kicker is this line:

“Those charged with protecting our people aren’t always able to access the evidence we need to prosecute crime and prevent terrorism, even with lawful authority."

Of course, it should be no surprise to the FBI why so many people are going "dark" and using things like Tails. For decades, the government has proven time and again that it can't be trusted to act lawfully and constitutionally. The FBI is responsible for more than its share of that. So naturally those who can are going to take steps to protect their privacy and Apple and Google, among others, are simply responding to that demand.

frojack writes:

That's what Congressman Darrell Issa tweeted as it became clear that Congress would have no part of the FBI's plan to require backdoors (or frontdoors) into encrypted phones.

The Register is reporting that the FBI's request had publicly failed after senators said the proposal would be rejected. Congresswoman Zoe Lofgren said:

The bipartisan opposition signaled the end of the line (at least until after the next election) of any chance for the FBI's proposal according to an article in The Hill.

Earlier this year, in another bipartisan move, Lofgren, and Rep. Thomas Massie introduced a measure to the defense spending bill banning the National Security Agency from using “backdoor” searches to spy on Americans through a legal provision targeting foreigners. That measure overwhelmingly passed the House 293-123.

mendax writes:

The New York Times is reporting the FBI's director is publicly stating that the bureau has no doubt the North Koreans are behind the Sony hacking attack:

James B. Comey, director of the Federal Bureau of Investigation, said on Wednesday that no one should doubt that the North Korean government was behind the destructive attack on Sony’s computer network last fall.

Mr. Comey said he had “high confidence” in the F.B.I.’s quick determination that North Korea was behind the attack. He said skeptics in the Internet security world who have suggested other theories for who was responsible did not have all the information he does.

The F.B.I. director said national security concerns limited just how far law enforcement officials could go in revealing evidence that points to North Korea. But at a conference on cybersecurity in New York, Mr. Comey offered some of the evidence the F.B.I. had found.

One of the telltale pieces of evidence, he said, were a few I.P., or Internet Protocol, addresses that could be traced directly to North Korea. Mr. Comey said members of the group claiming responsibility for the hacking — Guardians of Peace — did a good job concealing their identities but slipped up in some cases.

"They used proxy servers to disguise” the trail of evidence, Mr. Comey said. “But sometimes they got sloppy.”

Should we believe him? After all, he is the FBI director, not exactly a source of truthful information.

HughPickens.com writes:

This year, murders have spiked in major cities across America and according to FBI director James B. Comey the additional scrutiny and criticism of police officers that has come in the wake of highly publicized incidents of police brutality may be the main reason for the recent increase in violent crime.

"I don't know whether that explains it entirely, but I do have a strong sense that some part of the explanation is a chill wind that has blown through American law enforcement over the last year," says Comey.

But Mr. Comey said that he had been told by many police leaders that officers who would normally stop to question suspicious people are opting to stay in their patrol cars for fear of having their encounters become worldwide video sensations. That hesitancy has led to missed opportunities to apprehend suspects, he said, and has decreased the police presence on the streets of the country's most violent cities.

The officers told Comey that youths surround them when they get out of their vehicles, taunting them and making videos of the spectacle with their cell phones.

"In today's YouTube world, there are officers reluctant to get out of their cars and do the work that controls violent crime," he said. "Our officers are answering 911 calls, but avoiding the informal contact that keeps bad guys from standing around, especially with guns."

Original Submission

GungnirSniper writes:

The LA Times reports despite having a cell phone that was owned by one of the two San Bernardino terrorist attackers, the FBI has been unable to decrypt the device. The head of the FBI James B. Comey told the Senate Intelligence Committee that after more than two months FBI technicians were unable to read the data. The brand and OS of the device has not been released.

Original Submission

Judge Orders Apple to Unlock iPhone Belonging to San Bernardino Shooter

takyon writes:

Apple has been ordered to assist in the unlocking of an iPhone belonging to one of the San Bernardino shooters. This may require updating the firmware to bypass restrictions on PIN unlock attempts:

Apple must assist the FBI in unlocking the passcode-protected encrypted iPhone belonging to one of the San Bernardino shooters in California. US magistrate Sheri Pym says Cupertino must supply software that prevents the phone from automatically annihilating its user data when too many password attempts have been made.

The smartphone belonged to Syed Farook, who with his wife Tashfeen Malik shot and killed 14 coworkers on December 2. The couple died in a gun battle with police soon after. Cops have been unable to access Syed's iPhone 5C because they do not know the correct PIN, and will now gain the assistance of Apple, as ordered by Judge Pym [PDF] on Tuesday.

iOS 8 and above encrypts data on devices, requiring a four to six-digit PIN to unlock. After the first few wrong guesses, iOS waits a few minutes between accepting further PIN entry attempts, escalating to an hour's delay after the ninth failed login.

[...] Judge Pym wants Apple to come up with some magic software – perhaps a signed firmware update or something else loaded during boot-up – that will allow the FBI to safely brute-force the PIN entry without the device self-destructing. This code must only work on Farook's phone, identified by its serial numbers, and no other handset. The code must only be run on government or Apple property, and must not slow down the brute-forcing process.

Apple has five days to appeal or demonstrate that it cannot comply with the order. It is crucial to note that the central district court of California has not instructed Apple to crack its encryption – instead it wants Apple to provide a tool to effectively bypass the unlocking mechanism. "It's technically possible for Apple to hack a device's PIN, wipe, and other functions. Question is can they be legally forced to hack," said iOS security expert Jonathan Ździarski.

Previously on SoylentNews: Apple Ordered by Judge to Help Decrypt San Bernadino Shooter's phone

Former NSA Director Claims Many Top Gov't Officials Side With Apple

Non Sequor writes:

Choice quotes from an interview with Gen. Michael Hayden (archive.is) on Wednesday:

"The issue here is end-to-end, unbreakable encryption—should American firms be allowed to create such a thing?" he told the Wall Street Journal editor John Bussey. "You've got [FBI director] Jim Comey on one side saying, I am really going to suffer if I can't read Tony Soprano's email. Or, if I've got to ask Tony for the PIN number before I get to read Tony's emails. Jim Comey makes that complaint, and I get it. That is right. There is an unarguable downside to unbreakable encryption."

"I think Jim Comey is wrong...Jim's logic is based on the belief that he remains the main body. That you should accommodate your movements to him, which is the main body. And I'm telling you, with regard to the cyber domain, he's not. You are."

And by the way? If I were in Jim Comey's job, I'd have Jim Comey's point of view. I understand. But I've never been in Jim Comey's job...my view on encryption is the same as [former Secretary of Homeland Security] Mike Chertoff's, it's the same as [former Deputy Secretary of Defense] Bill Lynn's, and it's the same as [former NSA director] Mike McConnell, who is one of my predecessors."

It's interesting for this opinion to be coming from this source.

[Continues.]

takyon writes:

Apple has achieved a legal victory in a Brooklyn case that attempted to use the All Writs Act, similar to the case of a San Bernardino shooter's locked iPhone:

A magistrate judge in the U.S. District Court in New York has handed Apple a legal victory in a Brooklyn drug case where federal investigators asked for help getting into a locked iPhone.

Though the ruling isn't precedent-setting or binding on other courts, it hits on a similar overarching theme of government access to encrypted data, as The Washington Post reports:

"The two cases involve different versions of iPhone's operating system and vastly different requests for technical help, but they both turn on whether a law from 1789 known as the All Writs Act can be applied to cases in which the government cannot get at encrypted data stored on suspects' devices."

NPR's Joel Rose previously outlined the premise of this Brooklyn case, which predated the legal clash over an iPhone used by one of the San Bernardino shooters:

"Jun Feng pleaded guilty to selling methamphetamine last year. As part of its investigation, the government obtained a search warrant for Feng's iPhone. But the phone was locked by a passcode, so prosecutors asked a judge for an order compelling Apple to bypass it."

That order was based on the same law as the San Bernardino court order compelling Apple's help in unlocking the iPhone used by Syed Rizwan Farook before the Dec. 2 attack, in which he and his wife killed 14 people.

The Justice Department will appeal the case. FBI Director James Comey and Apple General Counsel Bruce Sewell will appear at a House Judiciary Committee hearing on Tuesday to testify on encryption.

The Verge, The Register.

Original Submission

takyon writes:

Apple's general counsel Bruce Sewell and FBI Director James Comey appeared before the U.S. House of Representatives Judiciary Committee on Tuesday to explain their positions on a court order that would force Apple to unlock the iPhone belonging to one of the San Bernardino shooters. Comey sang a different tune before Congress:

Federal Bureau of Investigation Director James Comey told a congressional panel on Tuesday that a court order forcing Apple Inc to give the FBI data from an iPhone belonging to one of the San Bernardino shooters would be "potentially precedential" in other cases where the agency might request similar cooperation from technology companies. The remarks are a slight change to Comey's statement last week that forcing Apple to unlock the phone was "unlikely to be a trailblazer" for setting a precedent for other cases. [...] Comey acknowledged on Tuesday that the FBI would seek to use the same statute it is trying to apply in the San Bernardino case to compel Apple to unlock other phones, "if (the statute) is available to us."

Members of the U.S. House of Representatives Judiciary Committee seized on Comey's statement that the case could set a legal precedent allowing the agency access to any encrypted device. "Given... that Congress has explicitly denied you that authority so far, can you appreciate our frustration that this case appears to be little more than an end run around this committee?" asked the committee's ranking minority member, Michigan Representative John Conyers. Comey responded that the FBI was not asking to expand the government's surveillance authority, but rather to maintain its ability to obtain electronic information under legal authorities that Congress has already provided.

Sewell argued that unlocking the iPhone would weaken the security of all of them, and that the issue should be settled by Congress:

"We can all agree this is not about access to just one iPhone," Sewell, Apple's general counsel, said in his prepared opening remarks. "The FBI is asking Apple to weaken the security of our products." Sewell also argued that the debate should be had by Congress and elected leaders, rather than a warrant requested under the All Writs Act, a 1789 law that is central to the cases in California and New York.

Sewell also said that Apple is capable of creating new software that removes some security functionality, that being forced to write code is a First Amendment issue, and that Apple hasn't gotten similar demands from China or any other country, but expects to if Apple is forced to comply with the court order.

Previously: New York Judge Sides with Apple Rather than FBI in Dispute over a Locked iPhone

Original Submission

fleg writes:

The Guardian is reporting that the hack on the San Bernardino shooter's iPhone 5C will not work on newer iPhones.

The FBI director confirmed that the hack works on the iPhone 5C and older Apple smartphones, but not newer models with a fingerprint sensor. This is probably because older phones lack the so-called secure enclave, which protects passcodes, security keys and handles the security of the phone's encryption system.

Comey confirmed that the FBI bought a tool from a third party, negating the need to continue its legal action against Apple. But the FBI has yet to disclose publicly how the hack that unlocked the iPhone 5C works, despite informing senators about it.

Comey said: "We're having discussions within government about it ... if we tell Apple they're going to fix it and we're back to where we started."

The FBI director ended by reassuring everyone...

Comey wouldn't comment on who the company or persons the hack was purchased from. He would only say that "their motivations align with ours" and that the FBI and the hack provider were "very good at keeping secrets".

Original Submission

takyon writes:

The Washington Post reports that the FBI did not require the services of Israeli firm Cellebrite to hack a San Bernardino terrorist's iPhone. Instead, it paid a one-time fee to a group of hackers and security researchers, at least one of whom the paper labels a "gray hat". It's also reported that the U.S. government has not decided whether or not to disclose to Apple the previously unknown vulnerability (or vulnerabilities) used to unlock the iPhone (specifically an iPhone 5C running iOS 9):

The FBI cracked a San Bernardino terrorist's phone with the help of professional hackers who discovered and brought to the bureau at least one previously unknown software flaw, according to people familiar with the matter. The new information was then used to create a piece of hardware that helped the FBI to crack the iPhone's four-digit personal identification number without triggering a security feature that would have erased all the data, the individuals said.

The researchers, who typically keep a low profile, specialize in hunting for vulnerabilities in software and then in some cases selling them to the U.S. government. They were paid a one-time flat fee for the solution.

[...] The bureau in this case did not need the services of the Israeli firm Cellebrite, as some earlier reports had suggested, people familiar with the matter said. The U.S. government now has to weigh whether to disclose the flaws to Apple, a decision that probably will be made by a White House-led group.

FBI Director James Comey told students at Catholic University's Columbus School of Law that "Apple is not a demon," and "I hope people don't perceive the FBI as a demon." What a saint.

Original Submission

Phoenix666 writes:

The head of the FBI believes that a spike in violent crime in many cities may be due to officers' fears of showing up on Internet videos confronting suspects.

FBI Director James Comey told reporters Wednesday that a "viral video effect" is leading to less aggressive policing that "could well be at the heart" of an alarming increase in murders in many cities, according to an account recorded by the New York Times.

"There's a perception that police are less likely to do the marginal additional policing that suppresses crime -- the getting out of your car at 2 in the morning and saying to a group of guys, 'Hey, what are you doing here?'" he told reporters.

Comey's remarks came after he was briefed on rising crime rates in more than 40 cities during the first quarter of 2016. The director did not reveal specific statistics, and the FBI did not immediately respond to a request for comment.

James Comey, welcome to the panopticon you dragged the rest of us into. It's rather a double-edged sword, isn't it?

Original Submission

bradley13 writes:

Even as a European*, I find this of interest, because of the level of corruption it shows.

Headline: "Clinton Was 'Extremely Careless' With Email But Should Not Be Charged".

In his statement, Comey said that the FBI's investigation had found 110 emails on Clinton's servers that had contained classified information when they were sent or received, of which eight contained material at the highest classification level of "top secret." Noting that this information was being stored on "unclassified personal servers" less secure even than commercial services like Gmail and that Clinton's use of the private account was widely known, Comey said it was "possible that hostile actors gained access to Secretary Clinton's personal email account." Said Comey: "Any reasonable person should have known that an unclassified system was no place for that kind of information."

So: The FBI knows that she mishandled classified information. When you receive your security clearance, you are informed of the rules and the penalties for breaking them. Storing Secret, much less Top Secret information on a civilian server outside the control of the government violates those rules.

Yet, she will not be prosecuted. She was just "careless", no big deal. Laws are for the little people.

*Full disclosure: I used to be American, but turned in my passport some years ago. Various reasons, not least of which are the US tax policies. But the politics (The Shrub, Obama, and now...possibly Hillary!) - it's like a banana republic, only with nukes.

Original Submission

MrPlow writes:

Submitted via IRC for Runaway1956

The FBI's director says the agency is collecting data that he will present next year in hopes of sparking a national conversation about law enforcement's increasing inability to access encrypted electronic devices.

Speaking on Friday at the American Bar Association conference in San Francisco, James Comey says the agency was unable to access 650 of 5,000 electronic devices investigators attempted to search over the last 10 months.

Comey says encryption technology makes it impossible in a growing number of cases to search electronic devices. He says it's up to U.S. citizens to decide whether to modify the technology.

Source: http://www.nbcnews.com/news/us-news/fbi-chief-calls-national-talk-over-encryption-vs-safety-n624101

Original Submission

FBI Director James Comey Sacked

butthurt writes:

The Washington Post reports that:

Previously:
Clinton Told FBI She Relied on Others' Judgment on Classified Material
FBI Recommends No Prosecution for Clinton

F.B.I. Director James Comey Is Fired by Trump

takyon writes:

President Trump has fired FBI Director James Comey:

President Trump has fired the director of the F.B.I., James B. Comey, over his handling of the investigation into Hillary Clinton's emails, the White House said Tuesday.

[...] Under the F.B.I.'s normal rules of succession, Mr. Comey's deputy, Andrew G. McCabe, a career F.B.I. officer, becomes acting director. The White House said the search for a new director will begin immediately.

I never liked Comey (see this cluster of stories), but I doubt there will ever be an FBI Director I like.

Related:
We're Stuck With Comey

Earlier in the day...

FBI Director Comey Misstated Huma Abedin Evidence at Last Week's Hearing

takyon writes:

Anxious to see FBI Director James Comey retire? According to the man himself, you're going to have to wait:

The FBI director has no plans to leave the post before the end of his 10-year term. "You're stuck with me for about 6 1/2 years," James Comey said at a cyber conference in Boston on Wednesday, urging conference organizers to invite him to speak again.

In recent days, NPR and other news outlets have reported Comey pressed the Justice Department without success to issue a public denial of President Trump's tweet that the FBI and President Barack Obama wiretapped his phones at Trump Tower. White House press secretary Sean Spicer said this week that Trump still has confidence in Comey's ability to lead the FBI. Comey, who served as deputy U.S. attorney general under President George W. Bush and who was named FBI director by Obama, has demonstrated a nearly unique ability to draw critics from both ends of the political spectrum.

Comprehensive coverage of the Comey saga.

Original Submission