Deputy Attorney General Asks Congress For $21 Million To Solve The FBI's 'Going Dark' Problem
from the 21-million-buys-a-lot-of-hysteria dept
James Comey may have been unceremoniously dumped by the Commander-in-Chief, but his device encryption legacy lives on.
The Justice Department is requesting more than $20 million in federal funding to bankroll efforts related to resolving the government’s continuing “Going Dark” problem, Deputy Attorney General Rod Rosenstein said Tuesday, signaling one of the Trump administration’s first attempts at tackling the issue of ubiquitous, hard-to-crack encryption amid growing concerns involving its impact on criminal investigations.
The request came during Rosenstein's testimony before the Appropriations Committee -- the place where all government officials perform their most sincere acts of begging. Not that the FBI was likely to be faced with budget cuts -- not with a "law and order" president running the country and overseen by an Attorney General who appears to believe we're currently engulfed in a massive drug-and-immigrant crimewave.
Here's Rosenstein's full "going dark" budget request:
Department of Justice must continue to take a leading role in enhancing the capabilities of the law enforcement and national security communities. This budget request will provide $21.6 million in funding to counter the “Going Dark” threat. The seriousness of this threat cannot be overstated. “Going Dark” refers to law enforcement’s increasing inability to lawfully access, collect, and intercept real-time communications and stored data, even with a warrant, due to fundamental shifts in communications services and technologies. This phenomenon is severely impairing our ability to conduct investigations and bring criminals to justice. The FBI will use this funding to develop and acquire tools for electronic device analysis, cryptanalytic capability, and forensic tools. The Department’s role has been to collect, house, analyze, and share critical data among our federal, state, local, and tribal partners.
Beg to differ, but the "seriousness of this threat" can be overstated. Comey did so on multiple occasions. Sometimes others -- mainly Manhattan DA Cyrus Vance -- followed suit. Both claimed to have a large number of phones in their possession that couldn't be cracked. Even if the underlying assumption that all of these phones contained valuable evidence directly related to investigations, one still had to wonder how hard investigators were trying to get into these phones. Or how many other options they'd explored before throwing their hands up in frustration and resigning the devices to a dismal future as press conference props.
Take, for instance, this quote from the Washington Times article:
Days before leaving office on May 9, Mr. Comey said federal investigators had legally seized more than 6,000 smartphones and electronic devices during a recent six-month span but found that 46 percent couldn’t be opened “with any technique.”
This stat is almost completely unbelievable. Documents obtained from local law enforcement agencies with much smaller budgets show investigators are finding multiple ways to obtain data and communications from locked phones. We're also not hearing these sentiments echoed by law enforcement officials at the local level. If it's this much of a problem for the FBI -- nearly half of all devices seized -- one would think smaller agencies would be seeing a much higher access failure rate, followed directly by public complaints about device encryption. But we're just not seeing that.
Hopefully whatever's handed to the FBI to solve its apparently singular "going dark" program is put to use wisely. But nothing about the "going dark" hype suggests this will be the case. It may just disappear into some sort of talking points war fund and used to promote the spread of "going dark" hysteria until enough legislators are on the hook. If the money is deployed intelligently, it could actually make a difference for the agency. But all evidence points to the agency angling for legislation and favorable court precedent that will make the rest of us pay the price for the agency's inability or unwillingness to see anything but darkness when confronted with technical hurdles.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: doj, encryption, going dark, hacking, rod rosenstein
Reader Comments
Subscribe: RSS
View by: Time | Thread
[ link to this | view in thread ]
And China takes over the lead....
https://thespacereporter.com/2017/06/chinas-quantum-satellite-sends-unhackable-signal/
[ link to this | view in thread ]
[ link to this | view in thread ]
The Justice Department is requesting more than $20 million in federal funding to bankroll efforts related to resolving the government’s continuing “Going Dark” problem
Only $20m for government transparency? Sure, why not, seems like a deal.
[ link to this | view in thread ]
I wonder...
[ link to this | view in thread ]
$21 Million
[ link to this | view in thread ]
So
The ultimate use of digital information is privacy???
[ link to this | view in thread ]
Re:
You need to read the fine print...
They haven't transferred any info, and if you speak with a reputable scientist, you'll learn they don't even know where to start in trying to transfer info using entangled photons.
Yes, the idiot reporter states in the first paragraph that info was transferred, but then goes on to contradict that statement later. Look at the citations for more accurate info. Science reporting is often flat out wrong as the reporters are trying to make sensationalized headlines rather than an accurate summary of what actually occurred.
[ link to this | view in thread ]
Re: Re:
"Pan expects China's National Space Science Center to launch additional satellites with stronger and cleaner beams that could be detected even when the sun is shining. (Micius operates only at night.) "In the next 5 years we plan to launch some really practical quantum satellites," he says. In the meantime, he plans to use Micius to distribute quantum keys to Chinese ground stations, which will require longer strings of photons and additional steps. "
http://www.sciencemag.org/news/2017/06/china-s-quantum-satellite-achieves-spooky-action-record-dist ance
[ link to this | view in thread ]
Why spend $21 million when $2 will get the job done?
Given the severity of the 'threat' they should deliver a flashlight to the FBI and tell them that should be plenty. Perhaps include a complementary box of light-bulbs just in case the FBI main offices are 'going dark' and need some illumination as well.
[ link to this | view in thread ]
[ link to this | view in thread ]
Re: drug wave
[ link to this | view in thread ]
Re: Re: Re:
You're still reading summaries from idiot reporters. That article only says they've been able to determine that they're actually creating entangled photons. There's still NOTHING in the article about transferring info via the entangled photons other than a moronic cartoon image made to an idiot editor to accompany the idiotic article.
In fact, if you actually READ the article, they're only barely distinguishing the fact that they managed to get SOME entangled photons:
Okay, now tell me how the Chinese are on the verge of having a quantum internet in space. Just because they have the word 'science' in their name doesn't mean they know Jack about science. 🙄
[ link to this | view in thread ]
Re: So
OR DIGITAL where a good amount is encoded, in Old programming..
I HOPE you all understand this..REALLY..
The old phone system had PROTECTIONS..anything recorded on it was NOT admissible..
DIGITAL DOES NOT HAVE THE SAME PROTECTIONS..
SOON INTERNET WONT have ANy protections..
CELLPHONES DONT HAVE ANY PROTECTION..
[ link to this | view in thread ]
Re: Re:
Hahahahahaha - omg
[ link to this | view in thread ]
Re:
[ link to this | view in thread ]
Re: Re:
Are we sure they didn't mean psychics?
[ link to this | view in thread ]
Re: Re:
Doctor, what is a good tee time for us on Wednesday?
Doctor, should I eat a lot of red meat and bacon?
Doctor, is this Oxycontin prescription for pain or pleasure?
Etc.
[ link to this | view in thread ]
Suspect: "No."
FBI: "Do it or else!"
Suspect: "No."
FBI: "The phone's gone dark! We can't do any investigations now!"
That's how you get your 46%.
Obligatory xkcd: https://xkcd.com/538/
$21.6m buys you 4,320,000 wrenches. No, it's not torture. It's an 'enhanced interrogation technique'.
[ link to this | view in thread ]
Re: Re: Re:
Or what they suggest to tell your doctor, about medications and conditions. I always wonder what doctor they expect you to see when begging for their drug. It must not be any of your regular doctors, or anyone with access to your medical records or anything. (I suppose if your primary and any specialists all say, christ, no, don't take that drug, you have to keep looking.)
[ link to this | view in thread ]
The FBI's ‘Going Dark’ problem is very real
Oh, that's not what you were talking about? Pity.
[ link to this | view in thread ]
It's a bargain!
But it still is the FBI, either they change the definition of `going dark' or claim they cannot be held to their word.
[ link to this | view in thread ]
Re: It's a bargain!
Since when does the FBI need to amend the story when the facts change? They'll absorb the money and take it as proof that they need more money.
It's like their curation of "terrorists" proving that they need to do more against terrorism.
[ link to this | view in thread ]
Re: Re:
Information has actually been sent using quantum cryptograpy... and it's been hacked. Because it's secure in theory, but we don't actually have the perfect devices that theory requires.
[ link to this | view in thread ]