FBI, Justice Department take encryption concerns to Congress

WASHINGTON – Federal law enforcement officials warned Wednesday that data encryption is making it harder to hunt for pedophiles and terror suspects, telling senators that consumers’ right to privacy is not absolute and must be weighed against public-safety interests.

The testimony before the Senate Judiciary Committee marked the latest front in a high-stakes dispute between the Obama administration and some of the world’s most influential tech companies, placing squarely before Congress an ongoing discussion that has shown no signs of an easy resolution. Senators, too, offered divided opinions.

FBI and Justice Department officials have repeatedly asserted that encryption technology built into smartphones makes it harder for them to monitor and intercept messages from criminal suspects, such as Islamic State sympathizers who communicate online and child predators who conceal pornographic images. They say it is imperative that they be able, with a warrant, to access encrypted data while they’re investigating a particular crime.

But they face fierce opposition from Silicon Valley companies, who say encryption safeguards their customers’ privacy rights and protects them from hackers, corporate spies and other breaches. The companies in recent months have written to the Obama administration and used public speeches to press their case for strong encryption.

FBI Director James Comey, who has argued his case repeatedly over the past year before think tanks and in other settings, sought to tamp down tension Wednesday. He told senators he believed technology companies were fundamentally on the same page as law enforcement, adding, “I am not here to fight a war.”

“Encryption is a great thing. It keeps us all safe. It protects innovation,” Comey said. “It protects my children. It protects my health care. It is a great thing.”

But he said criminals were using encryption to create a safe zone from law enforcement, with the Islamic State exploiting social media to recruit sympathizers and directing them to encrypted platforms.

“Our job is to look at a haystack the size of this country for needles that are increasingly invisible to us because of encryption,” he said.

Tech companies call the concerns overblown and vow to protect customer privacy. They say any “key” that could give law enforcement access to encrypted devices could presumably be exploited by hackers and criminals, too.