President Barack Obama sided with law enforcement on Friday in the debate pitting encryption and personal privacy against national security, arguing that authorities need access to data on electronic devices because the “dangers are real.”
Appearing at an annual tech festival in the Texas capital, Mr. Obama delivered his most extensive comments to date on an issue being played out in federal court. Apple, one of the world’s largest technology companies, is challenging the government’s request that it help the Federal Bureau of Investigation (FBI) access data on a cell-phone that was used in the San Bernardino, California, attack that killed 14 people.
A splitting issue
The issue has roiled the tech industry and divided Mr. Obama’s advisers, but the President seemed to side Friday with law enforcement despite also saying the matter would not be settled by adopting an “absolutist view.”
Mr. Obama restated his commitment to strong encryption but also raised the question of how would authorities catch child pornographers or disrupt terrorist plots if smart-phones and other electronic devices were designed in ways that keep the data on them locked away forever.
“Don’t be absolutist on this”
“My conclusion so far is that you cannot take an absolutist view on this,” Mr. Obama said. “So if your argument is strong encryption, no matter what, and we can and should, in fact, create black boxes, then that I think does not strike the kind of balance that we have lived with for 200, 300 years.
“And it’s fetishizing our phones above every other value. And that can’t be the right answer,” he said.
At the end of a nearly hour-long, question-and-answer session with Evan Smith, CEO and editor in chief of The Texas Tribune , Mr. Smith asked the President “where do you come down” on the privacy versus security debate. He was not asked to comment on the dispute with Apple.
“There has to be some concession”
Mr. Obama said government shouldn’t be able to “just willy nilly” access smart-phones that are full of very personal data. But at the same time, while asserting that he’s “way on the civil liberties side,” Mr. Obama said “there has to be some concession” to be able to get the information in certain cases.
Apple and the federal government are embroiled in a legal fight over Apple’s refusal to help the FBI access the iPhone used in San Bernardino. The FBI has been unable on its own to unlock the phone and wants Apple to create a program specifically for that phone to help the bureau get to the data on it. But Apple has refused, and says that to do what the government is asking would set a terrible precedent.
But Obama has critics on this
Rep. Darrell Issa, who has sharply questioned FBI Director James Comey during congressional hearings on the matter, released a statement in which he said Mr. Obama’s comments showed his “fundamental lack of understanding of the tech community, the complexities of encryption and the importance of privacy to our safety in an increasingly digital world.”
On the solution, or key, which the government wanted Apple to create, Mr. Issa said: “There’s just no way to create a special key for government that couldn’t also be taken advantage of by the Russians, the Chinese or others who want access to the sensitive information we all carry in our pockets every day.”
