The FBI Can't Get Into The Dayton Shooter's Phone. So What?

from the time-to-exploit-some-deaths dept

A high-profile act of violence has brought FBI complaints about device encryption to the surface again. This has been a long-running theme with the agency, one amplified recently by domestic surveillance advocate/Attorney General William Barr. Barr claimed encryption was creating a more dangerous world for everyone. Barr's claims echoed those of successive FBI directors. Both Barr and Wray continue to talk about device encryption despite having (so far) refused to update the number of encrypted devices the FBI can't access.

As Barr warned in his rant against encryption, all it would take is one major attack to sway public opinion to the government's side.

I think it is prudent to anticipate that a major incident may well occur at any time that will galvanize public opinion on these issues.

Well, the FBI is talking about encryption again with lawmakers. But with all due respect, Mr. Barr, this ain't it, chief.

Top FBI officials informed congressional lawmakers this week that they have been unable to access the smartphone of the suspected gunman in the Dayton, Ohio, mass shooting, two sources told The Hill. In a briefing about the weekend shootings in Dayton and El Paso, Texas, FBI Deputy Director David Bowdich told House Democrats that the agency is in possession of what’s believed to be Connor Betts’s primary phone but can’t open it because it requires a passcode, according to the two sources who took part in Wednesday's briefing.

Two mass shootings in 24 hours could have provoked the public response Barr is looking for. But it didn't. These shootings had nothing to do with encrypted devices, even if the FBI felt it needed to inform lawmakers it couldn't get into a dead suspect's phone.

The question is why the FBI needs to do this. Like its previous skirmish with device makers over the encrypted contents of the San Bernardino shooter's iPhone, this complaint features a dead suspect and the highly-dubious implication that there's something of value contained in the locked device. There's no investigation being impeded by inaccessible data. The shooter is dead and the shooting is over.

The FBI -- and William Barr -- likely truly believe encryption backdoors will make investigations easier and prevent criminal acts. But there's nothing in the recent past that suggests their beliefs are well-founded. These are the speculations being used to undermine the security of millions of peoples' devices. The only thing the government has to offer is the fact that sometimes phones produce usable evidence. But criminal acts were prevented and/or prosecuted for years before a large majority of the public decided to start carrying tracking devices loaded with tons of personal info with them wherever they went.

Then there's the dishonesty: intellectual and otherwise. Most of what's offered as arguments for backdoors is intellectually dishonest. The FBI's failure to inform the American public about the true number of locked devices in its possession is the regular kind of dishonest. So is the assertion made by the FBI that it could be "months or years" before it can access the phone's contents. Multiple companies offer devices that can (supposedly) bypass any device's encryption, including the latest iPhones. The FBI and DOJ simply pretend these options don't exist when talking to Congress, law enforcement agencies, and the general public.

Every tragedy is an opportunity. The FBI isn't going to let these pass without attempting to capitalize on them. Unfortunately, it seems our country is capable of generating an endless amount of tragic opportunities. And it only takes one to give the government everything it wants.

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Filed Under: chris wray, dayton, encryption, fbi, going dark, william barr