[Infowarrior] - DOJ tries to rebrand weakened encryption as “responsible encryption”

[Richard Forno]

Trump’s DOJ tries to rebrand weakened encryption as “responsible encryption”

DOJ rekindles fight with Apple, wants government access to encrypted devices.

Jon Brodkin - 10/10/2017, 5:50 PM

A high-ranking Department of Justice official took aim at encryption of consumer products today, saying that encryption creates "law-free zones" and should be scaled back by Apple and other tech companies. Instead of encryption that can't be broken, tech companies should implement "responsible encryption" that allows law enforcement to access data, he said.

"Warrant-proof encryption defeats the constitutional balance by elevating privacy above public safety," Deputy Attorney General Rod Rosenstein said in a speech at the US Naval Academy today (transcript).  "Encrypted communications that cannot be intercepted and locked devices that cannot be opened are law-free zones that permit criminals and terrorists to operate without detection by police and without accountability by judges and juries."

Rosenstein was nominated by President Donald Trump to be the DOJ's second-highest-ranking official, after Attorney General Jeff Sessions. He was confirmed by the Senate in April.

Rekindling fight with Apple

Rosenstein's speech makes several references to Apple, continuing a battle over encryption between Apple and the US government that goes back to the Obama administration. Last year, Apple refused to help the government unlock and decrypt the San Bernardino gunman's iPhone, but the FBI ended up paying hackers for a vulnerability that it used to access data on the device.

"Fortunately, the government was able to access data on that iPhone without Apple's assistance," Rosenstein said. "But the problem persists. Today, thousands of seized devices sit in storage, impervious to search warrants."

"If companies are permitted to create law-free zones for their customers, citizens should understand the consequences," he also said. "When police cannot access evidence, crime cannot be solved. Criminals  cannot be stopped and punished."

We asked Apple for a response to Rosenstein's speech and will update this story if we get one.

Separately, state lawmakers in New York and California have proposed legislation to prohibit the sale of smartphones with unbreakable encryption.

“Responsible encryption”

Despite his goal of giving law enforcement access to encrypted data on consumer products, Rosenstein acknowledged the importance of encryption to the security of computer users. He said that "encryption is a foundational element of data security and authentication," that "it is essential to the growth and flourishing of the digital economy," and that "we in law enforcement have no desire to undermine it."

But Rosenstein complained that "mass-market products and services incorporating warrant-proof encryption are now the norm," that instant-messaging service encryption cannot be broken by police, and that smartphone makers have "engineer[ed] away" the ability to give police access to data.

Apple CEO Tim Cook has argued in the past that the intentional inclusion of vulnerabilities in consumer products wouldn't just help law enforcement solve crimes—it would also help criminals hack everyday people who rely on encryption to ensure their digital safety.

Rosenstein claimed that this problem can be solved with "responsible encryption." He said:

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https://arstechnica.com/tech-policy/2017/10/trumps-doj-tries-to-rebrand-weakened-encryption-as-responsible-encryption/