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FBI Director Wants Congress to Tackle Phone Encryption

 & Angela Moscaritolo Managing Editor, Consumer Electronics

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FBI Director James Comey is again speaking out about phone encryption technology.

In a speech at the Brookings Institution in Washington on Thursday, Comey warned that data stored on users' mobile devices and real-time communications like text messages and phone calls are increasingly being encrypted, making it difficult for law enforcement agents to gain access to the information they need to prosecute crimes and prevent terrorism. He urged Congress to enact new legislation requiring companies like Apple and Google to give law enforcement agencies access to encrypted communications about suspected criminals.

Comey acknowledged mobile devices have become an extension of many people's lives, and said it's natural to want to keep information stored on them private. But he added that the FBI has a duty to keep Americans safe from crime and terrorism, and "technology has become a crime of choice for some very dangerous people."

"Unfortunately, the law hasn't kept pace with technology, and this disconnect has created a significant public safety problem," Comey said. "Those charged with protecting our people aren't always able to access the evidence we need … even with lawful authority."

He said that with a court order, law enforcement has the legal authority to intercept and access communications, but they often lack the technical ability to do so.

But not everyone thinks they should have such access. In a statement, the American Civil Liberties Union said federal law allows companies to add encryption to their devices without any so-called back doors that would give law enforcement access.

"Any effort by the FBI to weaken encryption leaves our highly personal information and our business information vulnerable to hacking by foreign governments and criminals," said Laura Murphy, director of the group's Washington legislative office.

Comey's new statements come after he told reporters last month that he is "very concerned" about plans for encryption in iOS and Android. U.S. Attorney General Eric Holder has since echoed those sentiments, voicing concern that encryption technology in iOS 8 and Android Lollipop - which is meant to protect users' personal information - could also provide a safe haven for criminals since firms like Google and Apple will have a limited ability to turn over data stored on devices to law enforcement officials.

Cupertino's new iOS 8 no longer allows user passwords to be bypassed—meaning neither the police nor Genius Bar employees can circumvent the built-in security system. "So it's not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8," the Apple website says.

Google has also confirmed that the next-gen Android Lollipop OS will encrypt by default. Previously, users had to turn it on themselves.

For more on what Comey had to say, check out the video below.

About Our Expert

Angela Moscaritolo

Angela Moscaritolo

Managing Editor, Consumer Electronics

My Experience

I'm PCMag's managing editor for consumer electronics, overseeing an experienced team of analysts covering smart home, home entertainment, wearables, fitness and health tech, and various other product categories. I have been with PCMag for more than 10 years, and in that time have written more than 6,000 articles and reviews for the site. I previously served as an analyst focused on smart home and wearable devices, and before that I was a reporter covering consumer tech news. I'm also a yoga instructor, and have been actively teaching group and private classes for nearly a decade. 

Prior to joining PCMag, I was a reporter for SC Magazine, focusing on hackers and computer security. I earned a BS in journalism from West Virginia University, and started my career writing for newspapers in New Jersey, Pennsylvania, and West Virginia.

The Technology I Use

My little Florida beach bungalow is brimming with smart home tech. I have a smart speaker or display in every room, allowing me to control other connected devices by voice. The Nest Hub on my bedside table lets me set wake-up alarms, control my smart light bulbs, and set the temperature on my smart thermostat. I use the Amazon Echo Show 8 on my kitchen counter to browse recipes, reorder protein powder, check the weather, and watch the news while I do dishes. 

Because I suffer from allergies, air purifiers are essential. My favorite model is the Dyson Purifier Cool TP07, which doubles as a fan and continuously sends indoor pollution data to its companion mobile app. 

My pitbull Bradley sheds, so a good robot vacuum is a must. I currently use a premium Ecovacs Deebot that can both vacuum and mop, empty its own dustbin, and wash its own mop cloth. 

For fitness, I like to mix up my routine with cycling, indoor rowing, running, and strength training in addition to yoga. I take classes on the Tonal 2 smart strength training machine, I row indoors on an Aviron machine, and track my beach runs with an Apple Watch while listening to music on my Apple AirPods Pro. On the weekends, I love riding e-bikes like the rugged, beach-friendly Aventon Aventure for fun and fitness.

My job involves a lot of virtual meetings, so a quality webcam, microphone, and ring light are important. I use the Jabra PanaCast 20 webcam, the Elgato Wave: 3 microphone, and a Yesker tripod ring light. 

As for my preferred phone platform, I'm an iPhone person, but I've also extensively used Android for product testing.

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