WASHINGTON--(BUSINESS WIRE)--FBI Agents Association (FBIAA) President Reynaldo Tariche issued the following statement on the U.S. Magistrate Judge Sheri Pym’s order to allow FBI access to San Bernadino terrorist Syed Rizwan’s iPhone and the need for technology companies to cooperate with law enforcement:
Judge Pym’s order and Apple CEO Tim Cook’s resistance to allowing FBI access to a terrorist’s iPhone is a stark example of the risks to national security posed by encryption technologies. It is critical for public safety that technology companies cooperate with law enforcement.
FBI Director James Comey recently warned that new encryption technology built into the latest version of the iPhone and other devices -- and resistance by technology giants like Apple to cooperate with law enforcement -- thwarts the FBI’s ability to investigate and stop terrorist attacks. As Manhattan District Attorney Cyrus Vance explained, “New smartphone technology is rendering our laws insufficient to protect public safety.”
The FBI Agents Association (FBIAA) has been working to educate the public and policymakers about the importance of private sector cooperation with investigations. We must find technological solutions to ensure the effectiveness of counterterrorism efforts. We have sent letters to the House and Senate warning that the reform of U.S. electronic privacy and surveillance laws must confront the dangerous possibility of law enforcement “going dark” in the face of mounting terrorist threats.
Despite many invitations from law enforcement groups to work collaboratively, these technology companies are spending their lobbying resources on fighting Congressional efforts to make it easier for law enforcement to conduct investigations.
For example, the FBIAA, Ohio Attorney General Mike DeWine, the National District Attorneys Association (NDAA) and the National Sheriffs’ Association wrote to Apple and Google in November 2015 asking that the companies “work with us to find an acceptable technological middle-ground where both the fundamental right to private communications and the protection of all citizens from criminal actors are properly balanced.” Google responded with a letter indicating that they were not concerned with any of the risks described by law enforcement, and that their collaboration with law enforcement will come “in response to valid legal process and emergency disclosure requests.” Apple did not respond.
Technology companies want to use concerns about identity theft to market unlockable devices, devices that allow individuals to communicate across borders with no ability for law enforcement to obtain information—even with a lawful warrant. Unfortunately, these marketing efforts, reinforced with intense lobbying of policymakers by the high tech community, may be providing a safe haven for terrorist and criminal networks.
FBIAA is encouraging Congress, the President, and other officials to demand that these companies fulfill their legal and civic obligation. FBIAA believes that an effective balance can be struck between privacy and security, a balance that is consistent with our Constitutional rights and the need to provide for the common defense. As changes to electronic privacy laws are considered, there needs to be an honest, open, and full debate about these complex issues. Unfortunately, to date, as can be seen by Apple’s response to Judge Pym’s order, technology companies have shown more interest in silencing, rather than participating, in such discussions.
The FBI Agents Association (FBIAA) is an organization dedicated to providing support and advocacy to active and former Special Agents of the Federal Bureau of Investigation. Membership includes more than 13,000 active and former Special Agents of the FBI. The pillars of our organization include internal advocacy, legal representation, a legislative lobbying effort and financial support to agents, offered through both Memorial Scholarship and Member Assistance funds. For more information, please visit www.fbiaa.org.
