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from the nothing-to-hide-vs-none-of-your-business dept.
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.
(Score: 5, Insightful) by Thexalon on Friday October 17 2014, @12:01PM
- Having to get a warrant before searching through somebody's person, houses, papers, and effects means that the police can't legally just bust down your door without bothering to give evidence to a judge first. That slows down investigations because now the police have to gather evidence that there is incriminating evidence in your house without going inside.
- Allowing suspects to remain silent during interrogation means it's so much harder to extract confessions.
- Allowing suspects access to an attorney means that it's harder to convince them to waive their other legal rights or simply ignore those legal rights and, say, beat the confession out of them.
- Requiring a speedy and public trial and an arrest warrant makes it so much harder - you have to get evidence first, then lock somebody up, instead of the other way around.
- Having a jury makes it much harder to cultivate a sympathetic judge who will happily railroad unpopular people into prison.
And so on. My response to complaints like this is: Shut up and do your job. If you don't like the rules, go be police somewhere where they don't have these kind of rights - might I suggest Iran, Cuba, or Thailand?
"Think of how stupid the average person is. Then realize half of 'em are stupider than that." - George Carlin
(Score: 3, Insightful) by Sir Garlon on Friday October 17 2014, @12:32PM
Absolutely. If we want to look for what's gone wrong here, I would say it's the incentives Mr. Comey and his colleagues in law enforcement work under. Cops get awards and bonuses for getting results: arrests and convictions. They do not get recognition, promotion, and bonuses for correct procedure, respecting civil rights, and leaving innocent people alone.
The only way I can see to get from where we are, to where we ought to be, is to call out officials who are "tough on crime" for what they are: enemies of justice and freedom.
[Sir Garlon] is the marvellest knight that is now living, for he destroyeth many good knights, for he goeth invisible.
(Score: 1, Insightful) by Anonymous Coward on Friday October 17 2014, @01:53PM
Look to the top. The people who hire these guys. Rot comes from the top in this case.
In pretty much every dysfunctional organization you can look to the top and see why it is that way. They set the pace and set the goals.
Also Mr. Comey I am sorry you have a tough job. But it is not our job to make yours easier. You have rules you need to follow well boo hoo. So do I in my job.
(Score: 2) by melikamp on Friday October 17 2014, @05:49PM
Well, according to the one true source of insight about these things, The Wire, they do sometimes. But to agree with you, they are genuinely surprised whenever that actually happens.