{ "id": "R44187", "type": "CRS Report", "typeId": "REPORTS", "number": "R44187", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 449988, "date": "2016-02-18", "retrieved": "2016-04-06T17:08:35.316388", "title": "Encryption and Evolving Technology: Implications for U.S. Law Enforcement Investigations", "summary": "Because modern-day criminals are constantly developing new tools and techniques to facilitate their illicit activities, law enforcement is challenged with leveraging its tools and authorities to keep pace. For instance, interconnectivity and technological innovation have not only fostered international business and communication, they have also helped criminals carry out their operations. At times, these same technological advances have presented unique hurdles for law enforcement and officials charged with combating malicious actors.\nTechnology as a barrier for law enforcement is by no means a new issue in U.S. policing. In the 1990s, for instance, there were concerns about digital and wireless communications potentially hampering law enforcement in carrying out court-authorized surveillance. To help combat these challenges, Congress passed the Communications Assistance for Law Enforcement Act (CALEA; P.L. 103-414), which, among other things, required telecommunications carriers to assist law enforcement in executing authorized electronic surveillance.\nThe technology boundary has received renewed attention as companies have implemented advanced security for their products\u2014particularly their mobile devices. In some cases, enhanced encryption measures have been put in place resulting in the fact that companies such as Apple and Google cannot unlock devices for anyone under any circumstances, not even law enforcement.\nLaw enforcement has concerns over certain technological changes, and there are fears that officials may be unable to keep pace with technological advances and conduct electronic surveillance if they cannot access certain information. Originally, the going dark debate centered on law enforcement\u2019s ability to intercept real-time communications. More recent technology changes have potentially impacted law enforcement capabilities to access not only communications, but stored data as well.\nThere are concerns that enhanced encryption may affect law enforcement investigations. For instance, following the December 2, 2015, terrorist attack in San Bernardino, CA, investigators recovered a cell phone belonging to one of the suspected shooters. FBI Director Comey testified before Congress two months later and indicated that the bureau was still unable to unlock the device. On February 16, 2016, the U.S. District Court for the Central District of California ordered Apple to provide \u201creasonable technical assistance to assist law enforcement agents in obtaining access to the data\u201d on the cell phone. The outcome of this case may have implications for how law enforcement and policymakers respond to the broader conversation on enhanced encryption. \nIf evidence arises that investigations are hampered, policymakers may question what, if any, actions they should take. One option is that Congress could update electronic surveillance laws to cover data stored on smartphones. Congress could also prohibit the encryption of data unless law enforcement could still access the encrypted data. They may also consider enhancing law enforcement\u2019s financial resources and manpower, which could involve enhancing training for existing officers or hiring more personnel with strong technology expertise.\nSome of these options may involve the application of a \u201cback door\u201d or \u201cgolden key\u201d that can allow for access to smartphones. However, as has been noted, \u201cwhen you build a back door ... for the good guys, you can be assured that the bad guys will figure out how to use it as well.\u201d This is often maintained to be an inevitable tradeoff. Policymakers may debate which\u2014if either\u2014may be more advantageous for the nation on the whole: increased security coupled with potentially fewer data breaches and possibly greater impediments to law enforcement investigations, or increased access to data paired with potentially greater vulnerability to malicious actors.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/R44187", "sha1": "5e16eb7f29000fc3fd42445edb7d6dece6acf14f", "filename": "files/20160218_R44187_5e16eb7f29000fc3fd42445edb7d6dece6acf14f.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/R44187", "sha1": "3fa214dcea173a1444e666a7d6257cb00129598c", "filename": "files/20160218_R44187_3fa214dcea173a1444e666a7d6257cb00129598c.pdf", "images": null } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc770614/", "id": "R44187_2015Sep08", "date": "2015-09-08", "retrieved": "2015-11-04T09:58:14", "title": "Encryption and Evolving Technology: Implications for U.S. Law Enforcement Investigations", "summary": "This report provides an overview of the perennial issue involving technology outpacing law enforcement and discusses how policy makers and law enforcement officials have dealt with this issue in the past. It discusses the current debate surrounding smartphone data encryption and how this may impact U.S. law enforcement operations. The report also discusses existing law enforcement capabilities, the debate over whether law enforcement is \"going dark\" because of rapid technological advances, and resulting issues that policy makers may consider.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20150908_R44187_fc9e7719c0c872ef641a7a8220ac62961306fb7d.pdf" }, { "format": "HTML", "filename": "files/20150908_R44187_fc9e7719c0c872ef641a7a8220ac62961306fb7d.html" } ], "topics": [ { "source": "LIV", "id": "Technology", "name": "Technology" }, { "source": "LIV", "id": "Encryption", "name": "Encryption" }, { "source": "LIV", "id": "Computer crimes", "name": "Computer crimes" }, { "source": "LIV", "id": "Computer security measures", "name": "Computer security measures" } ] } ], "topics": [ "Intelligence and National Security" ] }