The FBI director James Comey has expressed concern that Apple and Google are making phones that cannot be searched by the government.
Speaking to reporters in a briefing Thursday, Mr. Comey said he is worried that such phones could place users “beyond the law,” The Wall Street Journal reported. He added that he’s been in talks with the companies “to understand what they’re thinking and why they think it makes sense.”
Major tech companies recognize the marketing potential of selling products that make consumers feel their data is as secure as can be. Both Apple and Google have made recent announcements emphasizing their new products will make it more difficult for law enforcement to extract customers’ valued data.
But Comey’s remarks raise questions of what, exactly, the government wants.
The Supreme Court ruled unanimously in June that police need warrants to search the cellphones of people they arrest. Law enforcement also cannot maintain someone’s personal information for its own convenience. The only exception would be in the case of urgent, or “exigent” circumstances, says Elizabeth Goitein, co-director of New York University’s Brennan Center for Justice’s Liberty and National Security Program.
But even then, law enforcement cannot require individuals to keep their information readily available just in case those circumstances occur. “It’s like saying you have to leave your door open in case we have an exigent circumstance and we need to search your hous