Mar 1, 2016

Deirdre Mulligan tells the AP Why the Government Can't Force Apple's Hand

From the Associated Press

Can the FBI Force a Company to Break Into Its Own Products?

By Brandon Bailey, Associated Press

Can the FBI force a company like Apple to extract data from a customer's smartphone? In the fight over an iPhone used by an extremist killer in San Bernardino, some legal experts say Congress has never explicitly granted that power. And now a federal judge agrees in a similar case....

CALEA intentionally covers only telecommunications carriers and specifically excludes "information service providers" — including Internet companies such as Apple and Google. Extensive negotiation produced a law that preserved the wiretapping ability authorities already had without adding new types of surveillance capabilities, said Deirdre Mulligan, co-director of the Center for Law & Technology [and associate professor at the School of Information] at the University of California, Berkeley

The Federal Communications Commission updated CALEA-related regulations in 2005 to extend the government's sway to voice-over-Internet phone services. Moves to expand it further, however, have fizzled, according to a report by the Congressional Research Service, which cited proposals for extending the law to "a wide range of technology services," including instant messaging and video game chats.

"This is a power that Congress has had numerous opportunities to extend and has chosen not to," said Mulligan....

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(This article appeared in multiple outlets worldwide.)

Last updated:

October 4, 2016