Enlarge / US Deputy Attorney General Rod Rosenstein delivers remarks at the 65th Annual Attorney General's Awards Ceremony at the Daughters of the American Revolution Constitution Hall October 25, 2017 in Washington, DC.
Just two days after the FBI said it could not get into the Sutherland Springs shooter's seized iPhone, Politico Pro published a lengthy interview with a top Department of Justice official who has become the "governments unexpected encryption warrior."
According to the interview, which was summarized and published in transcript form on Thursday for subscribers of the website, Deputy Attorney General Rod Rosenstein indicated that the showdown between the DOJ and Silicon Valley is quietly intensifying.
"We have an ongoing dialogue with a lot of tech companies in a variety of different areas," he told Politico Pro. "There's some areas where they are cooperative with us. But on this particular issue of encryption, the tech companies are moving in the opposite direction. They're moving in favor of more and more warrant-proof encryption."
While the battle against encryption has been going on within federal law enforcement circles since at least the early 1990s, Rosenstein has been the most outspoken DOJ official on this issue in recent months.
The DOJ's number two has given multiple public speeches in which he has called for "responsible encryption." The interview with Politico Pro represents the clearest articulation of the DOJs position on this issue, and it suggests that a redux of the 2016 FBI v. Apple showdown is inevitable in the near future.
"I want our prosecutors to know that, if there's a case where they believe they have an appropriate need for information and there is a legal avenue to get it, they should not be reluctant to pursue it," Rosenstein said. "I wouldn't say we're searching for a case. I'd say were receptive, if a case arises, that we would litigate."
What Rosenstein didn't note, however, is that the DOJ and its related agencies, including the FBI, are not taking encryption lying down.
The FBI maintains an office, known as the National Domestic Communications Assistance Center(NDCAC), which actively provides technical assistance to local law enforcement in high profile cases.
In its most recently published minutes from May 2017, the NDCAC said that one of its goals is to make such commercial tools, like Cellebrite's services, "more widely available" to state and local law enforcement. Earlier this year, the NDCAC provided money to Miami authorities to pay Cellebrite to successfully get into a seized iPhone in a local sextortion case.
In the interview, Rosenstein also said he "favors strong encryption."
"I favor strong encryption, because the stronger the encryption, the more secure data is against criminals who are trying to commit fraud," he explained. "And I'm in favor of that, because that means less business for us prosecuting cases of people who have stolen data and hacked into computer networks and done all sorts of damage. So I'm in favor of strong encryption."
"This is, obviously, a related issue, but it's distinct, which is, what about cases where people are using electronic media to commit crimes? Having access to those devices is going to be critical to have evidence that we can present in court to prove the crime. I understand why some people merge the issues. I understand that they're related. But I think logically, we have to look at these differently. People want to secure their houses, but they still need to get in and out. Same issue here."
He later added that the claim that the "absolutist position" that strong encryption should be by definition, unbreakable, is "unreasonable."
"And I think it's necessary to weigh law enforcement equities in appropriate cases against the interest in security," he said.
The DOJ's position runs counter to the consensus of information security experts, who say that it is impossible to build the strongest encryption system possible that would also allow the government access under certain conditions.
"Of course, criminals and terrorists have used, are using, and will use encryption to hide their planning from the authorities, just as they will use many aspects of society's capabilities and infrastructure: cars, restaurants, telecommunications," Bruce Schneier, a well-known cryptographer, wrote last year.
"In general, we recognize that such things can be used by both honest and dishonest people. Society thrives nonetheless because the honest so outnumber the dishonest. Compare this with the tactic of secretly poisoning all the food at a restaurant. Yes, we might get lucky and poison a terrorist before he strikes, but we'll harm all the innocent customers in the process. Weakening encryption for everyone is harmful in exactly the same way."
Rosenstein closed his interview by noting that he understands re-engineering encryption to accommodate government may make it weaker.
"And I think that's a legitimate issue that we can debatehow much risk are we willing to take in return for the reward?" he said.
"My point is simply that I think somebody needs to consider what's on the other side of the balance. There is a cost to having impregnable security, and we've talked about some of the aspects of that. The cost is that criminals are going to be able to get away with stuff, and that's going to prevent us in law enforcement from holding them accountable."
Excerpt from:
DOJ: Strong encryption that we dont have access to is ...
- WhatsApp overhauling status tab with encrypted Snapchat Stories-like feature - 9 to 5 Mac [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- GOP demands inquiry into EPA use of encrypted messaging apps - CNET [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Encryption Apps Help White House Staffers Leakand Maybe Break the Law - WIRED [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- World Wide Web Creator Calls for Internet Decentralization & Encryption - The Data Center Journal [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- What It Means to Have an 'Adult' Conversation on Encryption - Pacific Standard [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Confide in me! Encryption app leaks sensitive info from Washington DC - SC Magazine UK [Last Updated On: February 21st, 2017] [Originally Added On: February 21st, 2017]
- Gmail v7.2 Prepares to Add Support for S/MIME Enhanced Encryption - XDA Developers (blog) [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Top 6 Data Encryption Solutions - The Merkle [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Your Guide to the Encryption Debate - Consumer Reports - ConsumerReports.org [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Google helps put aging SHA-1 encryption out to pasture - Engadget [Last Updated On: February 26th, 2017] [Originally Added On: February 26th, 2017]
- Decipher your Encryption Challenges - Infosecurity Magazine [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- How the Politics of Encryption Affects Government Adoption - Freedom to Tinker [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- How Encryption Makes Your Sensitive Cloud-Based Data an Asset, Not a Liability - Security Intelligence (blog) [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Set up VMware VM Encryption for hypervisor-level security - TechTarget [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- How The Media Are Using Encryption Tools To Collect Anonymous Tips - NPR [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Encryption patent that roiled Newegg is dead on appeal | Ars Technica - Ars Technica [Last Updated On: February 28th, 2017] [Originally Added On: February 28th, 2017]
- Research proposes 'full-journey' email encryption - The Stack [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Database-as-a-service platform introduces encryption-at-rest - BetaNews [Last Updated On: March 1st, 2017] [Originally Added On: March 1st, 2017]
- Encrypted Messaging Service 'Signal' Adds Video Call Option - Top Tech News [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Germany, France lobby hard for terror-busting encryption backdoors ... - The Register [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- How to Send Encrypted Nudes, a Guide for the Discerning Lover - Inverse [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- Ironclad Encryption Corporation Announces New Ticker Symbol OTCQB: IRNC - Yahoo Finance [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- The Best Email Encryption Software of 2017 | Top Ten Reviews [Last Updated On: March 2nd, 2017] [Originally Added On: March 2nd, 2017]
- No, you shouldn't delete Signal or other encrypted apps - TechCrunch [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- Best encryption software: Top 5 - Computer Business Review [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- Encryption Backdoors, Vault 7, and the Jurassic Park Rule of Internet Security - Just Security [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- That Encrypted Chat App the White House Liked? Full of Holes - WIRED [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- What the CIA WikiLeaks Dump Tells Us: Encryption Works - New York Times [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- Snake-Oil Alert Encryption Does Not Prevent Mass-Snooping - Center for Research on Globalization [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- Customer Letter - Apple [Last Updated On: March 11th, 2017] [Originally Added On: March 11th, 2017]
- Don't Let WikiLeaks Scare You Off of Signal and Other Encrypted Chat Apps - WIRED [Last Updated On: March 12th, 2017] [Originally Added On: March 12th, 2017]
- BT to offer customers encryption service for data - Capacity Media (registration) [Last Updated On: March 12th, 2017] [Originally Added On: March 12th, 2017]
- Encryption - technet.microsoft.com [Last Updated On: March 12th, 2017] [Originally Added On: March 12th, 2017]
- Use FileVault to encrypt the startup disk on ... - Apple Support [Last Updated On: March 12th, 2017] [Originally Added On: March 12th, 2017]
- Viber launches secret chats to go beyond encryption - SlashGear [Last Updated On: March 13th, 2017] [Originally Added On: March 13th, 2017]
- Zix wins 5-vendor email encryption shootout - Network World [Last Updated On: March 13th, 2017] [Originally Added On: March 13th, 2017]
- A lesson from the CIA WikiLeaks dump: Encryption works - The Seattle Times [Last Updated On: March 13th, 2017] [Originally Added On: March 13th, 2017]
- What the CIA WikiLeaks Dump Tells Us: Encryption Works - NewsFactor Network [Last Updated On: March 18th, 2017] [Originally Added On: March 18th, 2017]
- Panicked Secret Service Says It Lost Encrypted Laptop But It's Fine, Everything's Fine - Gizmodo [Last Updated On: March 18th, 2017] [Originally Added On: March 18th, 2017]
- Google Cloud adds new customer-supplied encryption key partners ... - ZDNet [Last Updated On: March 18th, 2017] [Originally Added On: March 18th, 2017]
- Preseeding Full Disk Encryption - Linux Journal [Last Updated On: March 18th, 2017] [Originally Added On: March 18th, 2017]
- Bypassing encryption: 'Lawful hacking' is the next frontier of law enforcement technology - Boston Business Journal [Last Updated On: March 18th, 2017] [Originally Added On: March 18th, 2017]
- SecurityBrief NZ - Gemalto introduces on-prem encryption key solution for 'highly regulated' organisations - SecurityBrief NZ [Last Updated On: March 21st, 2017] [Originally Added On: March 21st, 2017]
- 'Always Be Concerned': US Court Slaps Down Fifth Amendment Defense of Encryption - Sputnik International [Last Updated On: March 21st, 2017] [Originally Added On: March 21st, 2017]
- Quantum Key System Uses Unbreakable Light-Based Encryption to Secure Data - Photonics.com [Last Updated On: March 21st, 2017] [Originally Added On: March 21st, 2017]
- Wikileaks Only Told You Half The Story -- Why Encryption Matters More Than Ever - Forbes [Last Updated On: March 21st, 2017] [Originally Added On: March 21st, 2017]
- EPA Sued For Withholding Info On Encrypted Text Messages | The ... - Daily Caller [Last Updated On: March 22nd, 2017] [Originally Added On: March 22nd, 2017]
- Opinion Data encryption efforts ramp up in face of growing security threats - Information Management [Last Updated On: March 22nd, 2017] [Originally Added On: March 22nd, 2017]
- Bypassing encryption: Lawful hacking is the next frontier of law enforcement technology - Salon [Last Updated On: March 22nd, 2017] [Originally Added On: March 22nd, 2017]
- NeuVector Announces Container Visualization, Encryption, and Security Solution for NGINX Plus - DABCC.com [Last Updated On: March 23rd, 2017] [Originally Added On: March 23rd, 2017]
- Is encryption one of the required HIPAA implementation specifications? - TechTarget [Last Updated On: March 23rd, 2017] [Originally Added On: March 23rd, 2017]
- Paper Spells Out Tech, Legal Options for Encryption Workarounds - Threatpost [Last Updated On: March 23rd, 2017] [Originally Added On: March 23rd, 2017]
- Encryption debate needs to be nuanced, says FBI's Comey - TechTarget [Last Updated On: March 25th, 2017] [Originally Added On: March 25th, 2017]
- Comey Renews Debate Over Encryption - 550 KTSA [Last Updated On: March 25th, 2017] [Originally Added On: March 25th, 2017]
- UK minister says encryption on messaging services is unacceptable - Reuters [Last Updated On: March 28th, 2017] [Originally Added On: March 28th, 2017]
- The why and how of encrypting files on your Android smartphone - Phoenix Sun [Last Updated On: March 28th, 2017] [Originally Added On: March 28th, 2017]
- UK targets WhatsApp encryption after London attack - Yahoo News [Last Updated On: March 28th, 2017] [Originally Added On: March 28th, 2017]
- Critical flaw alert! Stop using JSON encryption | InfoWorld - InfoWorld [Last Updated On: March 28th, 2017] [Originally Added On: March 28th, 2017]
- SecureMyEmail is email encryption for everyone - TechRepublic - TechRepublic [Last Updated On: March 28th, 2017] [Originally Added On: March 28th, 2017]
- Apple iOS 10.3 will introduce encryption which makes it MORE difficult for cops and spooks to crack into ISIS nuts ... - The Sun [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- How to Analyze An Encryption Access Proposal - Freedom to Tinker [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- Questions for the FBI on Encryption Mandates - Freedom to Tinker [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- Justice Department anti-terror chief keeps pressing on encryption - Politico (blog) [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- UK government can force encryption removal, but fears losing, experts say - The Guardian [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- Encryption FAQs [Last Updated On: March 29th, 2017] [Originally Added On: March 29th, 2017]
- Why isn't US military email protected by standard encryption tech? - Naked Security [Last Updated On: April 9th, 2017] [Originally Added On: April 9th, 2017]
- How have ARM TrustZone flaws affected Android encryption? - TechTarget [Last Updated On: April 9th, 2017] [Originally Added On: April 9th, 2017]
- Keeping the enterprise secure in the age of mass encryption - Information Age [Last Updated On: April 9th, 2017] [Originally Added On: April 9th, 2017]
- Lack of encryption led to Dallas siren hack - WFAA [Last Updated On: April 12th, 2017] [Originally Added On: April 12th, 2017]
- Internet Society tells G20 nations: The web must be fully encrypted - The Register [Last Updated On: April 12th, 2017] [Originally Added On: April 12th, 2017]
- Make Encryption Ubiquitous, Says Internet Society - Infosecurity ... - Infosecurity Magazine [Last Updated On: April 12th, 2017] [Originally Added On: April 12th, 2017]
- Can we encrypt the web while giving governments a backdoor to snoop? - SC Magazine UK [Last Updated On: April 12th, 2017] [Originally Added On: April 12th, 2017]
- Why we need to encrypt everything - InfoWorld [Last Updated On: April 12th, 2017] [Originally Added On: April 12th, 2017]
- Hacked Dallas sirens get extra encryption to fend off future attacks - Computerworld [Last Updated On: April 12th, 2017] [Originally Added On: April 12th, 2017]
- SHA-1 Encryption Has Been Broken: Now What? - Forbes [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- Hewlett Packard Enterprise touts encryption tool for federal clients - The Hill [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- Encryption on the Rise in Age of Cloud - Infosecurity Magazine - Infosecurity Magazine [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- Lawmaker Pushes Bill That Requires Encryption by Pennsylvania State Employees - Government Technology [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- Disk encryption - Wikipedia [Last Updated On: April 14th, 2017] [Originally Added On: April 14th, 2017]
- The apps to use if you want to keep your messages private - Recode [Last Updated On: April 15th, 2017] [Originally Added On: April 15th, 2017]