Background

Encryption by Apple and Google Puts People Above the Law, FBI Said

FBI - Apple and GoogleThe Federal Bureau of Investigation (FBI) is a U.S. agency under the Department of Justice that serves as both a federal criminal investigative body and an internal intelligence agency. Responsible for crime investigation, the agency isn't happy with Apple's and Google's encryption methods the two have done to their devices.

FBI isn't happy not because the encryption is weak, but because Apple's and Google's method for securing their data are beyond their reach. FBI Director James Corney said that he is "very concerned" about the encryption.

"I am a huge believer in the rule of law, but I am also a believer that no one in this country is beyond the law. What concerns me about this is companies marketing something expressly to allow people to place themselves above the law."

"I like and believe very much that we should have to obtain a warrant from an independent judge to be able to take the content of anyone's closet or their smartphone. The notion that someone would market a closet that could never be opened - even if it involves a case involving a child kidnapper and a court order - to me does not make any sense.

Both Apple and Google have tried to defend their users' privacy for some times right now. Both Apple and Google, as well as other tech companies, have tried to disclose requests from the government. The problem they see was that when they have the power to see the information, that information should be given to the authorities if they are asking for it. For that matter, Apple and Google have to encrypt users' information so that they can not access it themselves. The approach is that what they can't access can't be given.

With iOS 8, Apple has taken encryption to a new level. The company's CEO, Tim Cook, has stated that once Apple encrypts the data, it's beyond their grasp.

According to Corney, "Google is marketing their Android the same way: Buy our phone and law-enforcement, even with legal process, can never get access to it".

Google has taken their mobile security to a new height with Android L that prevents anyone other that the device's owner from accessing important and private data.

On one side, by tapping into emails, messages, call logs, photos, and more that reside on smartphones, FBI with the aid of the police can solve crimes that are life-threatening. This include, and not limited to: murder, child pornography and terrorist attacks. These cases would likely be unsolved without the government's ability to go within the boundaries of users' privacy.

But on the other hand, the ability to keep data far from the government also translates to more people doing crimes and able to make a run for it. They can store sensitive, illegal and dangerous data, and the FBI can do nothing about it. The next thing is that sensitive information in the hands of others can also be abused.

Apple said that its new encryption policies aim to protect victims of iPhone theft, but does not prevent investigations, the FBI has reached out to both companies to make its concerns known.

Both Apple and Google boosted the security of their mobile operating system to answer the question regarding the privacy in the digital age. Amid the widespread of mass surveillance by NSA, data breaches and hack attacks, some say that the new encryption measures are great, but not necessary.

This is because the outrage is directed at warrantless mass surveillance. These people think that it's a very different context. The government stated that they are actually searching devices with a warrant.

The problem about Apple's and Google's method of encryption is that the government couldn't get easy access to information stored on users' devices even when they have valid search warrants.

Comey can only see the abuse of power by the government is necessary, and not the severe damage that has been done to the entire industry because of the abuse of the NSA and others. He said he could not understand why companies would "market something expressly to allow people to place themselves beyond the law."

Despite the government are unable to take data from smartphones themselves, the FBI can still have access to certain data. The agency can still get call and text records from cellphone carriers, listen in on live conversations and determine suspect location based on cell towers. They can also access an array of information through the cloud, where users frequently back up the data from their devices.

In the business perspective, post-Snowden era opens the gate of new opportunities. Tech companies have realized that securing privacy can be a great marketing tool. This is actually the first time this became a matter in the "privacy war". When Apple first came out delivering an encryption method as a default option, Google immediately answers Apple by doing the same thing. Google had introduced encryption earlier, but it wasn't made default on Android devices.

The only difference between Apple and Google is their business model. Tim Cook once said that Apple is selling devices, not data. Apple sells hardware and software with premium price. But Google gave all their services and products for free, for a catch. Google is selling data indirectly. The search giant is selling users' information to advertisers to they can target ads to them.

Before when computers and other devices are still not connected to the internet, the data stored inside them are generally owned by the users. If the government wants to get their hands into it, they have to break manually into it, or take the hardware with them to process it. With the current advance of technology, people that include the government and hackers, can sneak inside devices remotely, with or without a warrant.