February 20, 2016–President Barack Obama dropped his veil this week, lending White House support to the misguided and dangerous push from James Comey, the FBI and Justice Department, and law enforcement generally, to obtain entry into individuals’ private information. This time we’re not talking phone numbers, “metadata,” and private records–although that is the excuse. We’re talking about nothing less than the creation of a tool that will permit 24/7 surveillance of anyone, anytime, in real time as well as in retrospect. This is scary, ghastly, sinister, put on it any adjective you want.
Readers of this space will know we’ve been following the electronic surveillance issue. We’ve commented in the past about how our fearful leaders– no longer just James Clapper the DNI, but Comey the DirFBI, John Brennan the DCIA, and Mike Rogers the DirNSA–have spoken with forked tongues. Barack Obama made plenty of concessions to them, and this week the White House went all in. Obama has drunk the koolaid. We’re headed toward abuses of the sort documented so sordidly in The Family Jewels.
Let’s dispense with the foolish excuses first. Ostensibly the FBI needs cellphone access to the devices used by San Bernardino murderers Syed Rizwan Farook and Tashfeen Malik as part of its investigation into their December killing spree now understood as an ISIS terrorist attack. Farook and Malik were killed in a shootout with authorities within hours of their attack. They are not going to be shooting anyone now. Nor does the FBI need evidence for a trial. In terms of linking the two to Farook associates, the FBI seized direct evidence with a search warrant just the other day. The phones will be no help there.
The New York City Police Department entered the ring on Thursday with a claim that it has been denied access to some 175 communications devices. Sounds like a lot until you put it into the context of how many cases the NYPD has open at the moment.
The real questions are proportionality and privacy. Authorities want to use these cases as a lever to force the technology companies to furnish them tools with which they can access all manner of devices. In the San Bernardino case the Apple Corporation is resisting, including resisting the court order the FBI obtained.
The Department of Justice snidely asserts that Apple is using its resistance to the FBI as a marketing tool. Maybe that’s true–but the term “marketing tool” applies only because of previous actions of both the FBI and NSA, which violated the privacy of millions of individuals everywhere. Apple and other corporations woke up to realize that, absent the installation of encryption, their products were on the way to the junkpile.
Apple’s stance may be bogus, but the security agencies are being positively mendacious. There is little investigative value to be gained from the phone devices at issue in this court order. But there is enormous value (not investigative, but intelligence value) in gaining access to the backdoor software that will enable entry into millions of devices. That is, until the world abandons American-owned technology corporations in pursuit of ones which offer more secure products. Here’s where proportionality comes in: at issue is the record of every person’s contacts, the record of communications, the texts of messages sent from iphones or texting, the apps, the record of usage, increasingly bank records and other financial information–the Big Enchilada.
That’s way out of proportion to what the FBI can discover from Farook’s iphone.
You want to make America great again? Stop the hysteria, drop the pretense, tell the truth, restore privacy. The security agencies’ present course is an invitation for some very large businesses to leave the United States, impoverishing us all the more.