Republicans push bill requiring tech companies to help access encrypted data
Lindsey Graham, chair of the Senate Judiciary Committee, has introduced laws that could weaken encryption for police investigations.
Tom Williams Pool / Getty Images
A group of Senate Republicans are trying to force technology companies to “legitimately access” encrypted information, which may compromise the security features of the technology.
On Tuesday, Republican lawmakers introduced the law on legitimate access to encrypted data, which calls for an end to “guarantee-proof” encryption, which interferes with the criminal investigation. The bill was proposed by Senator Lindsey Graham, chair of the Senate Judiciary Committee, along with Sens. Tom Cotton and Marsha Blackburn. In the event of an adoption, technology firms would have to help investigators access encrypted data if this support would help in the execution of an arrest warrant.
Legislators and the U.S. Department of Justice have long struggled with technology companies to encrypt the way data is encrypted. The Department of Justice argued that the encryption prevented investigators from obtaining the necessary evidence from the suspects’ devices and called on the technology giants to provide “legitimate access.”
This can be done in many ways, for example by providing an encryption unlock key that is only available for police requests. The FBI made a similar request to Apple in 2016 when it tried to retrieve data from an iPhone of a dead terrorist in a shooting case in San Bernardino, California.
Providing specific access to government agencies on request is often referred to as an “encryption back door”. Data protection technicians and advocates have long argued that they endanger more people than it helps.
End-to-end encryption protects billions of people from hackers, oppressive governments, and abusive romantic partners by providing security measures that even companies can’t crack. Creating a way for investigators to access this data raises concerns that the method could also open the door to hackers and criminals to abuse this exposure.
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The proposed legislation does not require tech companies to create a back door and notes that the attorney general is prohibited from taking certain steps by which tech companies must comply with legal access regulations.
The proposed legislation also allows technology companies that are asked to appeal to the Federal Supreme Court to change or revoke the orders.
“My position is clear: once law enforcement agencies have obtained the necessary judicial approvals, they should be able to access information to assist in their investigation,” Graham said in a statement. “Our legislation respects and protects the privacy rights of law-abiding Americans. It also alerts terrorists and criminals that they can no longer hide behind technology to cover their tracks.”
The bill also allows the Attorney General to compete with a prize for anyone who can find a way to access encrypted data while protecting privacy and security. Security experts have long noticed that this is an impossible request.
Facebook responded to the suggestion by saying that weaker encryption in apps would make consumers more vulnerable.
“End-to-end encryption is a necessity in modern life – it protects billions of messages that are sent every day through many apps and services, especially in times like these when we can’t be together,” one says Facebook statement. “If we withdraw that vital protection, we will all be less secure, not more. We are committed to continuing to work with law enforcement and combat abuse while maintaining the ability of all Americans to communicate privately and securely.”
Legislation introduced on Tuesday is not Congress’s first attempt to weaken encryption policies in the United States. In March, Graham and a non-partisan group of senators introduced the EARN IT Act, which could void section 230 legal protection of tech companies if they continued to help protect child predators through tools such as encryption.
The Justice Department has criticized technology companies like Apple and Facebook for using encryption, arguing that technology protects and Children predators. In May, the FBI said it had an “Apple problem.” The company refused to unlock a terrorist’s iPhone after an attack on a Florida naval base in 2019.
Apple did not respond to a request for comment on the story, but said in May that this had helped the FBI investigation in every way.
Legislators also pointed out how drug dealers used WhatsApp, a Facebook-encrypted messaging service, and how law enforcement could not collect evidence. Facebook did not respond to a request for comment.
The legislation would also allow the Attorney General to require technology companies to report on their ability to comply with these warrants.
“The draft law announced today reconciles consumer privacy concerns with the public security interests of the community by asking consumer device manufacturers to give law enforcement officials access to encrypted data when approved by a judge,” Attorney General Bill Barr said in a Explanation . “I am confident that our world-class technology companies can develop secure products that protect user information and allow legitimate access.”
