The FBI's San Antonio office sent Kelley's encrypted phone to the bureau's crime lab in Quantico, Virginia, earlier this week after agents were unable to unlock it, Christopher Combs, the special agent in charge of the FBI's office in San Antonio, Texas, said Tuesday. But Rosenstein, speaking at the BWI Business partnership organization in Maryland, said the FBI has been unable to access "the data inside because of encryption." "Nobody has a legitimate privacy interest in that phone," Rosenstein said. "The suspect is deceased. Even if he were alive, it would be legal for police and prosecutors to find out what is in the phone."
The FBI declined to say whether the bureau had been able to unlock the phone but unable to access its encrypted data. Kelley killed 26 people and injured 20 others at a church in Sutherland Springs, Texas, on Sunday before turning the gun on himself. The FBI has not identified the make or model of Kelley's phone, but the Associated Press reported on Wednesday that it was an Apple iPhone. Apple said on Wednesday that it "immediately" reached out to the FBI after "learning that investigators were trying to access a mobile phone." "We offered assistance and said we'd expedite our response to any legal process they send us," Apple said in a statement.
Legal battle
Rosenstein said "strong encryption is good," but he criticized technology companies for building devices and applications that make it difficult for law enforcement authorities even with a warrant to access encrypted data. A 2016 legal dispute between the FBI and Apple over the bureau's effort to gain access to the phone of San Bernardino mass shooter Syed Rizwan Farok fueled a national debate over privacy and public safety. The FBI obtained a warrant to unlock the phone, but the data was encrypted and Apple refused to help the bureau gain access to the data. The showdown ended after the FBI was able to open the device with the use of an unnamed third party.
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Lorenzo Flores, left, and Terrie Smith react at a line of crosses in remembrance of those killed in the shooting at the First Baptist Church of Sutherland Springs, Texas[/CENTER]
FBI officials have long expressed frustration over increasingly sophisticated encryption technology that makes it harder for law enforcement to access devices and data. In the first 11 months of the 2017 fiscal year, the FBI was unable to access the content of nearly 7,000 smartphones, more than half the total number of devices the bureau tried to access, FBI Director Christopher Wray said last week. "And that's a huge, huge problem," Wray said. "It impacts investigations across the board — narcotics, human trafficking, counterterrorism, counterintelligence, gangs, organized crime and child exploitation."
[URL='https://www.voanews.com/a/fbi-yet-to-access-texas-shooters-smartphone/4108701.html']FBI Yet to Access Texas Shooter's Phone[/URL][/quote]
See also:
[b]FBI Again Finds Itself Unable to Unlock a Gunman's Cellphone[/b]
[i]November 08, 2017 | WASHINGTON — The Texas church massacre is providing a familiar frustration for law enforcement: FBI agents are unable to unlock the gunman's encrypted cellphone to learn what evidence it might hold.[/i]
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But while heart-wrenching details of the rampage that left more than two dozen people dead might revive the debate over the balance of digital privacy rights and national security, it's not likely to prompt change anytime soon. Congress has not shown a strong appetite for legislation that would force technology companies to help the government break into encrypted phones and computers. And the fiery public debate surrounding the FBI's legal fight with Apple Inc. has largely faded since federal authorities announced they were able to access a locked phone in a terror case without the help of the technology giant. As a candidate, Donald Trump called on Americans to boycott Apple unless it helped the FBI hack into the phone, but he hasn't been as vocal as president.
Still, the issue re-emerged Tuesday, when Christopher Combs, the special agent in charge of the FBI's San Antonio division, said agents had been unable to get into the cellphone belonging to Devin Patrick Kelley, who slaughtered much of the congregation in the middle of a Sunday service. “It highlights an issue you've all heard about before. With the advance of the technology and the phones and the encryption, law enforcement is increasingly not able to get into these phones,” Combs told reporters, saying the device was being flown to an FBI lab for analysis. Combs didn't identify the make or model, but a U.S. official briefed by law enforcement told The Associated Press it was an Apple iPhone. “We're working very hard to get into that phone, and that will continue until we find an answer,” Combs said.
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An iPhone is seen in an illustration photo taken Feb. 17, 2016, in Washington, D.C. In the case of the December 2015 San Bernardino shooting, the FBI was able to decrypt the suspect's phone on its own but has been unable to do so with a device that was owned by the Texas church shooter.
Combs was telegraphing a longstanding frustration of the FBI, which claims encryption has stymied investigations of everything from sex crimes against children to drug cases, even if they obtain a warrant for the information. Agents have been unable to retrieve data from half the mobile devices - more than 6,900 phones, computers and tablets - that they tried to access in less than a year, FBI Director Christopher Wray said last month, wading into an issue that also vexed his predecessor, James Comey. Comey spoke before Congress and elsewhere about the bureau's inability to access digital devices. But the Obama White House never publicly supported legislation that would have forced technology companies to give the FBI a back door to encrypted information, leaving Comey's hands tied to propose a specific legislative fix.
Bad idea, some believe
Security experts generally believe such encryption backdoors are a terrible idea that could expose a vast amount of private, business and government data to hackers and spies. That's because those backdoor keys would work for bad guys as well as good guys - and the bad guys would almost immediately target them for theft, and might even be able to recreate them from scratch. Deputy Attorney General Rod Rosenstein took aim at Silicon Valley's methods for protecting privacy during a speech last month, saying Trump's Justice Department would be more aggressive in seeking information from technology companies. He took a harder line than his predecessors but stopped short of saying what specific steps the administration might take. Washington has proven incapable of solving a problem that an honest conversation could fix, said David Hickton, a former U.S. attorney who now directs a cyber law institute at the University of Pittsburgh.
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