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Apple, FBI Take iPhone Encryption Fight to Capitol Hill

 & Chloe Albanesius Executive Editor, News

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Apple took its iPhone encryption fight with the FBI to Capitol Hill today, where members of the House Judiciary Committee quizzed FBI Director James Comey and Apple's top lawyer, Bruce Sewell, about how best to balance privacy and security.

Both sides reiterated their talking points, with Comey asking the panel if the U.S. really wants to have warrant-proof spaces, and Sewell arguing that Apple is in an "arms race" against criminals, terrorists, and hackers.

Among the more contentious moments during the hearing were exchanges between Sewell and Reps. Jim Sensenbrenner and Trey Gowdy, who pressed the Apple exec for details on what type of legislative approach Apple would support on this issue.

CEO Tim Cook said Apple wants the issue to be debated by Congress, not the courts, in large part because it would be more public than a flurry of court filings. Sewell declined to lay out actual policy proposals Apple would support, though he said "it is my firm belief that such legislation can be drafted."

The company is "asking for a debate; I don't have a solution," Sewell told Sensenbrenner. "We need to get the right stakeholders in the right room."

That didn't appease Sensenbrenner and Gowdy, who separately berated Sewell for not giving Congress anything specific to introduce.

"I can tell you I don't think you're going to like what comes out of Congress," quipped Sensenbrenner, a Wisconsin Republican.

Comey argued that "the courts are competent," but acknowledged that they probably can't resolve the "tension between privacy and security we're all feeling."

"Congress certainly has a critical role to play," Comey said.

The FBI is looking to disable the password on an iPhone 5c owned by one of the San Bernardino shooters without activating a feature that wipes a phone after 10 incorrect guesses. To do this, Apple says it will have to create an entirely new operating system, which —if it got into the wrong hands—could conceivably unlock all iPhones, putting customers at risk of having their personal data exposed.

Members of the committee questioned whether the FBI could just crack the iPhone themselves. "It pains me to say this," Comey responded, but the FBI does not "have the capabilities" that the movies and TV might suggest.

"Apple is very good at what it does," Comey continued. "They have set out to design a phone that can't be opened, and they're darn-near succeeding. That poses a challenge for us."

To that end, Comey argued that if Apple were to create this alternate operating system, it could probably keep it safe. "I have a lot of faith...in the company's ability to secure its information," Comey said. Apple's iCloud is not encrypted, but "I don't lay awake at night" worrying about my personal information. "I think these folks are pros."

Apple is not convinced, but in addition to the security risks, Sewell expressed concern that complying "would set a dangerous precedent for government intrusion on the privacy and safety of its citizens."

In the long run, it might not even work. Comey acknowledged that, if Apple weakened the security of its iPhones, terrorists could conceivably switch to an overseas encryption solution that is outside the FBI's jurisdiction. Though he has a "hard time seeing that" happen given the popularity of Apple's smartphones.

Rep. Darrell Issa, meanwhile, questioned whether the FBI had tried to mirror the iPhone 5c so that it could try certain approaches without wiping the data. "For reasons I don't fully understand, [that is] not possible," Comey said.

This article originally appeared on PCMag.com.

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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