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FEDERALhearing transcript
High Impact

Senate Hearing on Encryption and Law Enforcement Access

Original title: COUNTERTERRORISM, COUNTERINTELLIGENCE, AND THE CHALLENGES OF ``GOING DARK''

January 1, 2018

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The Frame

What this does

This hearing addresses the tension between the FBI's ability to conduct court-authorized surveillance and the widespread use of commercial , which impacts the privacy rights of all users and the investigative capabilities of law enforcement.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Federal Bureau of Investigation

The agency faces technical barriers to accessing evidence in criminal and national security investigations.

Technology Companies

These companies produce the encrypted communication tools that are the subject of the debate regarding law enforcement access.

General Public

The outcome of this policy debate affects the balance between personal digital privacy and government surveillance capabilities.

What changed

Last recorded activity January 1, 2018.

What's next

Next step not available in the current record.

Summary

The Senate Select Committee on Intelligence held a hearing on July 8, 2015, to discuss the '' phenomenon, where law enforcement agencies are increasingly unable to access digital communications even with valid court orders due to advanced . FBI Director James Comey testified on how this technical barrier affects investigations into terrorism, espionage, and routine criminal activity.

Why It Matters

This hearing addresses the tension between the FBI's ability to conduct court-authorized surveillance and the widespread use of commercial , which impacts the privacy rights of all users and the investigative capabilities of law enforcement.

Key Facts

  • The FBI reports that the number of U.S.-based individuals seeking to join ISIL or conduct attacks in 2015 has already exceeded the combined totals of 2013 and 2014.
  • Law enforcement agencies are increasingly unable to access communications despite having legal authority and court orders due to commercially available encryption.
  • The 'Going Dark' challenge affects a wide range of investigations, including terrorism, foreign espionage, drug trafficking, child pornography, and violent crime.
  • The hearing included supplemental materials from the American Civil Liberties Union and the Business Software Alliance regarding encryption policies.
  • The committee reviewed a technical report titled 'Keys Under Doormats' regarding encryption security.

Frequently Asked Questions

What does 'Going Dark' mean?
It refers to the situation where law enforcement has the legal authority to intercept communications via a court order but lacks the technical capability to do so because the data is encrypted.
Does this hearing only focus on terrorism?
No, the hearing covers how impacts all FBI investigations, including drug trafficking, theft, child pornography, and violent crimes.

News Coverage

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Sponsors

Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Escalation of Encryption Challenges

The FBI identified a clear trend in 2015 of criminals and terrorists moving toward advanced commercial encryption to evade detection.

Connected Entities

organizationAmerican Civil Liberties UnionSubmitted a letter for the recordMap →
organizationBusiness Software AllianceSubmitted a letter for the recordMap →
personJames B. ComeyDirector of the Federal Bureau of Investigation (FBI)Map →
personRichard BurrChairman of the Senate Select Committee on IntelligenceMap →
organizationSelect Committee on IntelligenceSenate committee conducting the hearingMap →
personDianne FeinsteinVice Chairman of the Senate Select Committee on IntelligenceMap →

Sources

Open source document

www.govinfo.gov

Analysis Score

0–100
  • Significance85
    How much this matters to a regular citizen
  • Controversy80
    Intensity of disagreement among stakeholders
  • Entertainment20
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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