Is encryption a threat?

Newell Normand
Thursday, November 9th

Should authorities have access to a criminal’s cell phones?  Devices are being designed to be beyond the reach of a warrant.  Do you think this is okay?  Which side do you fall on?

00:04:44

Transcript - Not for consumer use. Robot overlords only. Will not be accurate.

We have an expert on privacy issues it's gonna join us Robert Ellis Smith he's a publisher and editor of the privacy journal. Welcome to the show mister Smith. So we've been talking about you know the privacy concerns verses the law enforcement. Yeah concerns of being beyond. Right now the reach of the judicial system with this digital encryption nets on these phones and in some cases some of the cell providers have intentionally done at that way. Because they really don't want to have to deal with these privacy issues and they also are trying to secure their system from external hacks. Into their system by any third party. Yep well I saw that it's a very Arctic to. Want to. More about crippled an issue we. Have so many eyewitnesses to this shooting in Texas we. Have put a person who contract we individual from the church. Tuesday a law enforcement met up with a so forgotten in this case we also go back to 2015. Shootings center you know where. We went into the semi exercises via trying to pressure apple to give up the encryption keys and apple resisted. And that the FBI it was it should be doing it went into the private sector and got an expert who cracked the system. This would go on. Generation you know we're the bad guys get used to the technology. And then the police have to catch whether it's picking locks illiterate ketchup and get the technology. Were investigating crime to keep up with with the criminals. Well but in many cases they do have the technology they've created digital forensics units they've been trained by the Secret Service they have a lot of the software to do it. But the fact of the matter is is that the service provider and or the manufacturer of the hardware in this case apple has encrypted. The signal in a random way said that you can't ever gain access and they don't even in many some cases now they don't know the access code. To break the phone and I think you know the issue is. They in many cases the Texas case brings it back up again but it's not a good case but what about the the Kelsey Smith case in. In in Kansas. I had a previous guest on a talked about you know getting location data on a phone. And we know that. Four days later she was found dead. And then that she was alive during that period of time and but we couldn't get to the phone because. There weren't quickly responding to the request double Warren and otherwise. As a relates to that the technologies there. I know that family is saying why. Closest to delay in the processing visas we now have the wherewithal to make warrants. Instantly president of Poland signed it Brady goes so there shouldn't be that that ability. Up I just wanna point out that in this era. People need to protect themselves law enforcement tip to Paul. And they want to have privacy on the dual phone calls for the very reason they wanna protect their Social Security numbers they wanna. Protect even though notre site certainly did and I. Small children. Because the things people need to protect their own. Privacy and their own personal security and I think they ought to be encouraged. I don't think that we have to view encryption as a threat it's very comparable I think to. Evidence that individual and and before any crime was committed very suspicion a person. Tossed the policy evidence in the trial of potential evidence. This goes on all the time we can't expect that all evidence will be preserved forever and ever. And in most cases it's an excessive is authority I think enough evidence for conviction. We're you know in my former life you may not know this silence I was the sheriff from but my neighboring parish in and been in law enforcement forty years I couldn't grow it I couldn't disagree with few more. I mean it just seems to me that when you're intentionally devising systems. Cute to be beyond. The judicial system beyond the reach of the judicial system vis a vis a warrant. Where you go to a detach magistrate you establish a probable cause. To be able to whitewash of the phone be any more secure than a home it's not a degradation of the constitutional rights in the Fourth Amendment. We gotta get to a break if you could stay with this mister Smith to we'll talk about that issue when we return.
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