Apple and the FBI will take their high-profile encryption battle to Capitol Hill on Tuesday, with both sides calling on Congress to weigh in on the “watershed” privacy case—as well as the significant precedents it could set.
FBI Director James Comey, Manhattan District Attorney Cyrus Vance Jr., and Apple’s senior vice president and general counsel, Bruce Sewell, will testify at a House Judiciary Committee hearing titled “The Encryption Tightrope: Balancing Americans’ Security and Privacy.”
Sewell is expected to reiterate Apple’s argument that building a backdoor to the iPhone linked to the San Bernardino attacks “would not affect just one iPhone.”
“The FBI is asking Apple to weaken the security of our products,” Sewell wrote in prepared testimony (pdf). “Hackers and cyber criminals could use this to wreak havoc on our privacy and personal safety. It would set a dangerous precedent for government intrusion on the privacy and safety of its citizens.”
Vance, on the other hand, will urge (pdf) Congress to pass a law requiring companies like Apple to retain user keys for decrypting user data, according to testimony posted to the committee’s website. A November proposal from Vance’s office argued that Congress require any phone manufactured or sold in the U.S. “must be able to be unlocked, or its data accessed, by the operating system designer” pursuant to a court order.
Not doing so, Vance will argue, “cripples even the most basic steps of a criminal investigation.”
But in a statement on Tuesday, digital rights group Fight for the Future warned that “what the FBI is asking Apple to do will make us less safe, not more safe.”
“If we allow the government to set a precedent that they can force private companies to punch holes in the technological defenses that keep us safe, it’s not a question of if someone to will exploit that to cause harm to the public, it’s a question of when,” Fight for the Future co-founder Holmes Wilson said. “Congress needs to listen to security experts by unequivocally supporting strong encryption and opposing backdoors.”
The hearing will take place at 1 p.m. EST, and can be watched on C-SPAN 3. The House Judiciary Committee hosts its own live stream as well.
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