Remarks as Prepared for Delivery
Good morning. I am
joined today by FBI Director Chris Wray, and we are here to discuss significant
developments in the FBI’s investigation of the December 6 shooting at the
Pensacola Naval Air Station that killed three U.S. sailors and severely wounded
eight other Americans.
Four months ago, I announced that this shooting was an act
of terrorism. I also publicly asked
Apple to help us access the locked contents of the two iPhones belonging to the
deceased terrorist Mohammed Saeed Alshamrani.
It was clear at that time that the phones were likely to contain
valuable information. Indeed, Alshamrani
attempted to destroy both phones, even going so far as to disengage from the
gunfight long enough to fire a bullet into one.
Within one day of the shootings, the FBI sought and obtained
court orders, supported by probable cause, authorizing the FBI to search the
contents of both phones as part of its investigation. The problem was that the phones were locked
and the FBI did not have the passwords, so they needed help to get in. We asked Apple for assistance and so did the
President. Unfortunately, Apple would
not help us unlock the phones. Apple had
deliberately designed them so that only the user — in this case, the terrorist
— could gain access to their contents.
Today, I am pleased to announce that, thanks to the
relentless efforts and ingenuity of FBI technicians, the FBI finally succeeded
in unlocking Alshamrani’s phones. The
phones contained information previously unknown to us that definitively
establishes Alshamrani’s significant ties to Al Qaeda in the Arabian Peninsula
(AQAP), not only before the attack, but before he even arrived in the United
States. We now have a clearer
understanding of Alshamrani’s associations and activities in the years, months,
and days leading up to the attack.
Indeed, the information from the phones has already proven
invaluable in protecting the American people.
A counterterrorism operation targeting AQAP operative Abdullah
al-Maliki, one of Alshamrani’s overseas associates, was recently conducted in
Yemen. We will not hesitate to act
against those who harm Americans.
I would now like to turn the podium over to Director Wray,
who will provide further information and an update on the FBI’s investigation.
* * *
Thank you, Director Wray.
Thank you for the outstanding work of the men and women of the FBI who
stand on the ramparts protecting the American people.
While the FBI’s hard work has led to an important
breakthrough in this case that should be celebrated, I must also express my
great disappointment that it took over four months and large sums of taxpayer
dollars to obtain evidence that should be easily and quickly accessible with a
court order.
Apple made a business and marketing decision to design its
phones in such a way that only the user can unlock the contents no matter the
circumstances. In cases like this, where
the user is a terrorist, or in other cases, where the user is a violent
criminal, human trafficker, or child predator, Apple’s decision has dangerous
consequences for public safety and national security and is, in my judgment,
unacceptable.
Apple’s desire to provide privacy for its customers is
understandable, but not at all costs.
Under our nation’s long-established constitutional principles, where a
court authorizes a search for evidence of a crime, an individual’s privacy
interests must yield to the broader needs of public safety. There is no reason why companies like Apple
cannot design their consumer products and apps to allow for court-authorized
access by law enforcement while maintaining very high standards of data
security. Striking this balance should
not be left to corporate boardrooms. It
is a decision to be made by the American people through their representatives.
Privacy and public safety are not mutually exclusive. We are confident that technology companies
are capable of building secure products that protect user information and, at
the same time, allow for law enforcement access when permitted by a judge — as
Apple had done willingly for many years, and others still do today.
Many of the technology companies that advocate most loudly
for warrant-proof encryption in the name of privacy rights are, at the same
time, willing to accommodate authoritarian regimes when it serves their
business interests. For example, it has
been widely reported that Apple has worked with both the Communist Party of
China and the Russian regime to relocate data centers to enable bulk
surveillance by those governments. Apple
also has reportedly disabled features and applications on iPhones used by pro-democracy
advocates, thereby facilitating censorship and oppression. If technology companies like Apple are
willing to oblige the demands of authoritarian regimes, they certainly have no
excuse for failing to cooperate with rule-of-law nations that respect civil
liberties and privacy rights, and have judicial safeguards.
The developments in this case demonstrate the need for a
legislative solution. The truth is that
we needed luck, in addition to ingenuity, to get into the phones this
time. There is no guarantee that we will
be successful again or that a delay of four months (or longer) will not have
significant consequences for the safety of Americans. In addition, the costs in time and money of
devising alternative methods of accessing encrypted information can be
enormous. This is not a scalable
solution. Right now, across the nation,
there are many phones, both at the federal and state level, that law
enforcement still cannot unlock despite having court authorization. As commercial encryption becomes even more
sophisticated, our odds of success diminish with each passing year. We cannot do our jobs when companies put the
ability to defeat court-authorized searches in the hands of terrorists and
criminals.
When combating threats to our homeland, we need American
tech leaders to work with us, not against us.
Over the past year, I have repeatedly asked tech companies to work with
us to provide better solutions.
Unfortunately, no progress has been made. For the safety and security of our citizens,
we cannot afford to wait any longer.
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