Tech Companies like Apple are unlikely to Assist Europe's Call for Decryption Tools in War on Islamic Terrorism, for now
Back in August Patently Apple posted a report titled "Germany and France Join the War on Encrypted Apps Demanding Tech Companies Comply with Court Orders." Yesterday we learned by way of a Wall Street Journal report that "Anti-terror prosecutors from four nations on the front line of Europe's fight against Islamic State made an urgent plea on Friday for new tools that would allow them to crack encrypted devices and communications."
At a joint press conference in Paris, prosecutors from France, Belgium, Spain and Morocco said jihadist groups such as Islamic State are increasingly using encrypted communications to recruit young people around the world.
'More and more, we see that these applications and new technologies allowing communication with the entire world, which is undeniable progress, are being used to isolate and manipulate fragile people,' said Paris Prosecutor François Molins.
Meanwhile, the inability to access data in encrypted phones is stifling probes and undermining efforts to prevent new attacks, they said. The four prosecutors have been cooperating closely on investigations launched after the Paris attacks of Nov. 13, aiming to disrupt jihadist networks that stretch across Europe to the Middle East and North Africa. 'It's a factor that has paralyzed some investigations,' Mr. Molins said.
The appeal is part of a running battle between law-enforcement officials around the world and the technology industry over encryption, ensnaring tech giants such as Apple Inc.
In France, officials have been particularly worried about a militant named Rachid Kassim, who authorities say has used Telegram to communicate with multiple people involved in terror plots over the summer. Authorities believe Mr. Kassim gave instructions to a group of women who planted a homemade car bomb next to Notre Dame last month.
Tech companies have resisted pressure to introduce backdoors for governments to read encrypted communications and devices. They argue that the rare instances their products are used to commit terror attacks don't justify creating a potentially significant loophole that could be used to compromise their customers' privacy.
The prosecutors said they need legal means to skirt encryption as part of counterterror investigations. Javier Zaragoza, Spain's national prosecutor stated that 'The privacy of communications is not an absolute right.'"
That admission is a very revealing tactic that these prosecutors are likely to use in crafting new legislation to justify the need to demand decryption tools from tech companies in the future.
While Apple was seen as winning the first round with the FBI and DOJ on this issue of encryption, it's assured that this issue is far from over with both sides digging in deeper and preparing for round two.
What's evident is that governments including China, India and now those within the EU are considering tougher measures on smartphone OEM's and messaging app companies regarding encryption. In March, it was noted in the UK that new laws are being drafted. Government documents revealed that internet service providers and technology giants will be obliged to build secret security flaws into their technology to allow them to be accessed by police and the security services on demand.
Everyone in government understands the absolute need for encryption for apps like Apple and Google Pay to safeguard the banking industry and consumers from major hacks. Everyone understands that encryption to safeguard key infrastructure facilities with high-end encryption. That's a no-brainer. No one is arguing the essential reality of using encryption for these purposes. But private communications is a weak point in the encryption argument.
This is why Javier Zaragoza, Spain's national prosecutor stated that 'The privacy of communications is not an absolute right.'" This is where the next encryption battle will be focused on by governments worldwide.
History tells us that tapping into enemy communications won World War II by being able to decrypt German codes and enabling England and their allies, especially the U.S., to intercept German plans and tactics that were effectively sinking important supply ships from reaching Europe. Wikipedia notes that "This was considered by western Supreme Allied Commander Dwight D. Eisenhower to have been "decisive" to the Allied victory.
The machine known as the 'Bombe' was designed to break the German's Enigma codes. This was highlighted in the 2014 film titled 'The Imitation Game.' We look back at that breakthrough as a major victory.
Wire tapping through court orders played a major role in convicting many organized crime activities over the last few decades. Breaking into communications has always been one of the top tools in law enforcement and encrypting communications now turns history of fighting an enemy on it's head.
Yet today it's all about individual freedoms and screw the consequences. Without encryption, Hillary Clinton had to bleach her 33,000 emails to hide her questionable activities from Congress. Encryption would have made it so much easier and less costly for her to hide those damming emails. Yes, and all criminals want this coveted right to block the government from accessing their email and exposing their illegal activities.
Sometimes the argument that technology companies are safeguarding our privacy just isn't true. Just think of the Yahoo hack. They couldn't save over a billion of their customers from this hack. And then they didn't even bother to tell their customers of the hack because they were afraid it could have affected their stock price. Now that the company is trying to sell itself it revealed this disaster. So it's funny that there's such disdain and distrust of the government (and rightfully so to a point) but not of tech companies who compromise our identity and private information every year.
For more proof of that just check out Fortune's report titled "Here's who's been hacked in the past two years," or another report that provides a quick and interactive means of checking out hack activities.
Though at the end of the day, no matter which side of the argument that you're on, once one world block, be it Asia, the EU or India decides to put their foot down to outlaw encrypted communication apps, it will be impossible to see how any tech company, especially Apple, could stand on principle alone and allow their shareholders to suffer losing 30% or more of their global value by not complying with new anti-encryption app laws.
With the EU thinking nothing of hammering Apple with the largest tax bill in history even with the US government warning them of retaliation, it's easy to see the EU singling out a few high tech firms including Apple and putting a legal gun to their head over encryption to make them comply.
Yet even Apple's Tim Cook has admitted that even though he views this issue to be a cancer, Apple will abide by the law at some point in time. More specifically, in February Tim Cook said at the end of an interview with ABC news, that if Congress were to pass clear new laws directing technology companies to assist the government in specific cases. then Apple would obey the law.
So it's really just a matter of time before this issue works itself through legislative bodies around the world and becomes the law of the land. This will give tech companies like Apple the ability to say to their customers that they fought the good fight but can no longer disobey the law.
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