DOJ tries to rebrand weakened encryption as “responsible encryption”

["Dave Farber" <farber () gmail com>]

Begin forwarded message:

> From: Richard Forno <rforno () infowarrior org>
> Date: October 10, 2017 at 6:29:58 PM EDT
> To: Infowarrior List <infowarrior () attrition org>
> Cc: Dave Farber <dave () farber net>
> Subject: DOJ tries to rebrand weakened encryption as “responsible encryption”
>
> 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:
>
> < - >
>
> https://arstechnica.com/tech-policy/2017/10/trumps-doj-tries-to-rebrand-weakened-encryption-as-responsible-encryption/



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