Grassley presses DOJ on Apple and ‘going dark’

The chairman of the Senate Judiciary Committee is pushing the Justice Department to provide an update on how it is handling recent legal developments in the debate over data encryption. 

In a Thursday letter, Sen. Chuck Grassley (R-Iowa) asked to be briefed on a New York Times report that Apple rejected a court order to turn over communications sent using its iMessage feature, citing its encryption system. 

{mosads}According to the Times, investigators have backed off the case for now. 

Writing that he was “surprised” to read about the Apple case, Grassley called for the agency to keep Congress in the loop. 

“The only way we’re going to reach a resolution on encryption that protects national security and privacy is to have an open and honest conversation. That includes keeping Congress informed about what’s going on,” Grassley said in a statement. 

The Apple case has highlighted a battle over tech devices that keep information out of the government’s reach, often called “going dark.” Law enforcement officials warn that impenetrable encryption could create a Wild West-like situation in which criminals and terrorists are able to communicate undetected.

The FBI has gone so far as to suggest to Apple executives that encryption could result in the death of a child. 

Privacy advocates and tech experts argue that creating a “back door” for law enforcement to access encrypted information infringes on individual privacy rights and undermines overall system security. 

Grassley has been persistent in seeking information on the relative merits and dangers of encryption. Following a Judiciary Committee hearing on going dark in July, Grassley asked that the Justice Department  provide information about any legislative proposals and conversations with technology providers by July 30. 

“I would appreciate that you promptly respond to my questions and that, going forward, the Department of Justice makes sure this Committee is advised of significant legal developments in this area of the law,” Grassley wrote.