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 NEWS & UPDATES

FBI Turns to UC Berkeley to Break Encryption

9/17/2024

 
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​The FBI, which surveilled academics at the University of California, Berkeley, in the 1950s and 1960s, is now reaching out to a think tank on that campus for help in devising ways to break encryption and other privacy measures used by consumers and private social media companies.
 
In this task, the FBI is seeking advice from the Center for Security in Politics, founded by former Arizona governor and Homeland Security Secretary Janet Napolitano, to devise ways to access the contents of communications from apps and platforms.
 
“We need to work with our private-sector partners to have a lawful-access solution for our garden-variety cases,” one FBI official at the event told ABC News. The FBI’s actions are in keeping with a growing global crackdown on encryption, highlighted by the recent arrest of Telegram founder Pavel Durov in France.
 
We could take days trying to unravel this Gordian knot of ironies. Better to just quote Judge James C. Ho of the Fifth Circuit Court of Appeals, who wrote in a recent landmark opinion on geofence warrants that: “Hamstringing the government is the whole point of our Constitution.” In finding geofencing the data of large numbers of innocent people unconstitutional, Judge Ho noted that “our decision today is not costless. But our rights are priceless.”
 
The FBI has a lot of tools to catch the drug dealer, the pornographer and the sex trafficker. After all, the Bureau has been doing that for decades. The best mission for the partnership between the FBI and the Center for Security in Politics would be to focus on the “lawful-access” part of their quest. With so many smart people in the room, surely they can invent new and effective ways to solve many crimes while honoring the Fourth Amendment.

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