Calif. bill would ban fully encrypted smartphones# PDA - 掌中宝
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A California lawmaker has introduced a bill that would ban smartphones with
unbreakable encryption.
The measure, which mirrors a recently introduced bill in New York, would
require all smartphones made or sold within the state “to be capable of
being decrypted and unlocked by its manufacturer or its operating system
provider.”
Sellers who don’t comply could be fined up to $2,500 per phone. The law
would kick in for 2017.
Democratic assemblymember Jim Cooper, who represents tech-heavy Sacramento,
is behind the bill. He argues the measure will help law enforcement better
combat human trafficking and other serious criminal activities that are
being conducted over hidden encrypted networks and locked devices.
“Human traffickers are using encrypted cell phones to run and conceal their
criminal activities,” Cooper said in a statement.
The bill is the latest attempt by lawmakers to regulate encryption, which
has been in the spotlight since the terror attacks in Paris and San
Bernardino, Calif.
Officials have said encryption likely helped the attackers hide their deadly
plans in both cases.
In response, law enforcement and some lawmakers have pushed tech companies
to give investigators guaranteed access to this secured data when compelled
by court order.
“I support an anti-encryption policy that will restore the ability to
access cell phone data by a court ordered search warrant,” Sacramento
County District Attorney Anne Marie Schubert said in support of Cooper’s
bill. “If smartphones are beyond the reach of law enforcement, crimes will
go unsolved.”
But the tech and privacy community have rejected these overtures. They say
any type of guaranteed access to data introduces vulnerabilities that weaken
encryption and expose everyday Internet activity to hackers.
Apple recently insisted it could not comply with a court order seeking
encrypted iMessages, citing its unbreakable encryption system.
Some lawmakers, including Cooper, now believe government should force these
companies to comply with such court orders.
“Full-disk encrypted operating systems provide criminals an invaluable tool
to prey on women, children, and threaten our freedoms while making the
legal process of judicial court orders, useless,” he said.
If his bill is approved and signed into law, it would likely be the first
state law regulating encryption technology. New York is also considering a
nearly identical bill that was introduced last week.
In Washington, D.C., Senate Intelligence Committee Chairman Richard Burr (R-
N.C.) is working on a bill with his committee’s ranking member, Sen. Dianne
Feinstein (D-Calif.), that would also mandate tech companies respond to
court orders for encrypted data.
unbreakable encryption.
The measure, which mirrors a recently introduced bill in New York, would
require all smartphones made or sold within the state “to be capable of
being decrypted and unlocked by its manufacturer or its operating system
provider.”
Sellers who don’t comply could be fined up to $2,500 per phone. The law
would kick in for 2017.
Democratic assemblymember Jim Cooper, who represents tech-heavy Sacramento,
is behind the bill. He argues the measure will help law enforcement better
combat human trafficking and other serious criminal activities that are
being conducted over hidden encrypted networks and locked devices.
“Human traffickers are using encrypted cell phones to run and conceal their
criminal activities,” Cooper said in a statement.
The bill is the latest attempt by lawmakers to regulate encryption, which
has been in the spotlight since the terror attacks in Paris and San
Bernardino, Calif.
Officials have said encryption likely helped the attackers hide their deadly
plans in both cases.
In response, law enforcement and some lawmakers have pushed tech companies
to give investigators guaranteed access to this secured data when compelled
by court order.
“I support an anti-encryption policy that will restore the ability to
access cell phone data by a court ordered search warrant,” Sacramento
County District Attorney Anne Marie Schubert said in support of Cooper’s
bill. “If smartphones are beyond the reach of law enforcement, crimes will
go unsolved.”
But the tech and privacy community have rejected these overtures. They say
any type of guaranteed access to data introduces vulnerabilities that weaken
encryption and expose everyday Internet activity to hackers.
Apple recently insisted it could not comply with a court order seeking
encrypted iMessages, citing its unbreakable encryption system.
Some lawmakers, including Cooper, now believe government should force these
companies to comply with such court orders.
“Full-disk encrypted operating systems provide criminals an invaluable tool
to prey on women, children, and threaten our freedoms while making the
legal process of judicial court orders, useless,” he said.
If his bill is approved and signed into law, it would likely be the first
state law regulating encryption technology. New York is also considering a
nearly identical bill that was introduced last week.
In Washington, D.C., Senate Intelligence Committee Chairman Richard Burr (R-
N.C.) is working on a bill with his committee’s ranking member, Sen. Dianne
Feinstein (D-Calif.), that would also mandate tech companies respond to
court orders for encrypted data.
