The government calls this “going dark” because they cannot see into encrypted communications, and it remains a key talking point by the authorities. Critics — including lawmakers — and security experts have long said there is no secure way to create “backdoor” access to encrypted communications for law enforcement without potentially allowing malicious hackers to also gain access to people’s private communications.In remarks, Barr said the “significance of the risk should be assessed based on its practical effect on consumer cybersecurity, as well as its relation to the net risks that offering the product poses for society.”
He suggested that the “residual risk of vulnerability resulting from incorporating a lawful access mechanism is materially greater than those already in the unmodified product.”
“Some argue that, to achieve at best a slight incremental improvement in security, it is worth imposing a massive cost on society in the form of degraded safety,” he said.
The risk, he said, was acceptable because “we are talking about consumer products and services such as messaging, smart phones, e-mail, and voice and data applications,” and “not talking about protecting the nation’s nuclear launch codes.”
The attorney general said it was “untenable” that devices offer uncrackable encryption while offering zero access to law enforcement.
Barr is the latest in a stream of attorneys general to decry an inability by law enforcement to access encrypted communications, despite pushback from the tech companies.In a rebuttal, Sen. Ron Wyden (D-OR) said the attorney general’s remarks were “outrageous, wrongheaded and dangerous.” “If we give this attorney general and this president the unprecedented power to break encryption across the board burrow into the most intimate details of every American’s life – they will abuse those powers,” the senator said.
The U.S. is far from alone in calling on tech companies to give law enforcement access. Earlier this year U.K. authorities proposed a new backdoor mechanism, the so-called “ghost protocol,” which would give law enforcement access to encrypted communications as though they were part of a private conversation. Apple, Google, Microsoft and WhatsApp rejected the proposal .
The FBI inadvertently undermined its “going dark” argument last year when it admitted the number of encrypted devices it claimed it couldn’t gain access to was overestimated by thousands.
FBI director Christopher Wray said the number of devices it couldn’t gain access to was less than a quarter of the claimed 7,800 phones and tablets.
While governments and intelligence agencies say they need access to encrypted communications in order to police crimes like child exploitation and terrorism, tech companies and digital rights advocates say opening so-called "back-doors" into encrypted communications has the potential to decrease security and privacy for everyone.
Barr did not rule out pushing legislation to force tech companies to build backdoors.
Apple rebukes Australia’s “dangerously ambiguous” anti-encryption bill