Patrick G. Eggerton writes: Last fall, when Apple and Google announced they were cleaning up their operating systems to ensure that their users’ information was encrypted to prevent hacking and potential data loss, FBI Director James Comey attacked both companies. He claimed the encryption would cause the users to “place themselves above the law.”

The tech community fired back. “The only actions that have undermined the rule of law,” Ken Gude wrote in Wired, “are the government’s deceptive and secret mass-surveillance programs.”

The battle resumed in February 2015. Michael Steinbach, FBI assistant director for counterterrorism, said it is “irresponsible” for companies like Google and Apple to use software that denies the FBI lawful means to intercept data.

Yet the FBI does have a lawful means to intercept it: the Foreign Intelligence Surveillance Act. Its scope was vastly expanded by Congress in the wake of the 9/11 attacks.

It’s worth noting that the FBI never asked Congress to force tech companies to build “back doors” into their products immediately after the 9/11 attacks. Only after Google and Apple took steps to patch existing security vulnerabilities did the bureau suddenly express concern that terrorists might be exploiting this encryption.

In fact, the bureau has a host of legal authorities and technological capabilities at its disposal to intercept and read communications, or even to penetrate facilities or homes to implant audio and video recording devices. The larger problem confronting the FBI and the entire U.S. intelligence community is their over-reliance on electronic technical collection against terrorist targets. [Continue reading…]