Warrant-Proof Encryption and Lawful Access
In today’s world, criminals can plan and carry out their crimes almost entirely through electronic communications. Accordingly, access to digital evidence and online threat information is critical for law enforcement to stop threats, arrest criminals, and protect victims.
What is lawful access?
The term "lawful access" refers to law enforcement’s ability to obtain evidence and threat information from digital service providers and device manufacturers, as authorized by lawful court orders.
Lawful access to digital evidence and threat information is rapidly eroding—fast approaching a tipping point—because digital service providers and device manufacturers are increasingly deploying and aggressively marketing warrant-proof encryption features.
Warrant-proof encryption prevents anyone other than end-users or device owners from seeing readable, decrypted digital content.
Because of warrant-proof encryption, providers are often unable to deliver information to law enforcement about illegal and egregiously harmful activity when they are compelled by court-authorized legal process.
"We all want safe, secure, private data, but we also want safe and secure communities. …And we can have both."
- FBI Director Wray
What are the consequences for public safety?
Warrant-proof encryption is a major public safety problem with real-world impacts to American families.
In effect, warrant-proof encryption has created lawless digital spaces where bad actors are sexually exploiting children, conducting human trafficking, sharing terrorist propaganda, and distributing drugs like deadly fentanyl while evading law enforcement detection.
Victims of crime whose rights have been violated may be deprived of justice if evidence for their case is out of reach due to warrant-proof encryption.
Law enforcement will have to rely on alternative investigative methods to keep communities safe. These alternative methods can be dangerous, can come at great expense to the taxpayer, and are often not scalable or timely substitutes for legal process.
Is the FBI against encryption?
No. The FBI is a strong advocate for the wide and consistent use of responsibly managed encryption—encryption that providers can decrypt and provide to law enforcement when served with a legal order.
Protecting data and privacy in a digitally connected world is a top priority for the FBI, and promoting encryption is a vital part of that mission. The FBI does not want encryption to be weakened or compromised so that it can be defeated by malicious actors. Rather, the FBI along with federal, state, and local law enforcement colleagues, want providers who manage encrypted data to be able to decrypt that data and provide it to law enforcement only in response to U.S. legal process.
"It is heartbreaking to know that victims' voices may never be heard as evidence of child molestation, human trafficking, and murder are physically in our hands, but we can' open the suspects' encrypted devices, even with a search warrant."
- Law enforcement partner from California
Myth: Law enforcement opposes strong encryption.
Reality: Law enforcement supports strong, responsibly managed encryption. This encryption should be designed to protect people’s privacy and also managed so U.S. tech companies can provide readable content in response to a lawful court order. Learn more.
News:
Resources:
Department of Justice Lawful Access Summit:
- Speech: FBI Director Christopher Wray Delivers Remarks at the Lawful Access Summit
- Story: FBI Asks Technology Companies for Support in Pursuing Child Abusers, Other Criminals
- Speech: Director Wray's Remarks at Texas A&M University
Additional Resources:
