House Republican: Congress should settle Apple-FBI dispute

Rep. Pat Meehan (R-Pa.) on Wednesday advocated for Congress to step in and resolve the tense stand-off between Apple and the FBI over the locked phone of one of the San Bernardino, Calif., shooters.

“The parties have to find common ground, and Congress needs to write it into law,” Meehan wrote in an op-ed published in The Philadelphia Inquirer.

{mosads}Apple is opposing a court order demanding that it help the FBI crack into shooter Syed Rizwan Farook’s iPhone, on the grounds that the agency is effectively demanding that it build a “back door” in Apple encryption that could be repurposed by cyber criminals.

“We strongly believe the only way to guarantee that such a powerful tool isn’t abused and doesn’t fall into the wrong hands is to never create it,” Apple said Monday.

FBI Director James Comey, meanwhile, pushed back on that analysis, insisting that, “We don’t want to break anyone’s encryption or set a master key loose on the land.”

The case is part of a larger debate over how to counter the growing use of encryption technology by terrorists and criminals, which law enforcement officials have said is preventing them from executing legal search warrants. 

The issue has stymied lawmakers. Several competing bills —  some of which align with technologists and some of which support Comey’s position — are circulating in both chambers. Some key members have expressed doubt that there should be legislation dictating encryption standards at all. 

Apple itself is expected to argue in legal filings this week that Congress should decide whether the tech giant should comply with the FBI and unlock an encrypted iPhone.

If Apple is successful in kicking its fight back to Congress, it’s unclear whether lawmakers could actually move on any legislation.

“Sending complicated things to Congress is often not the surest way to get a quick answer,” White House spokesman Josh Earnest said on Monday when asked about letting Congress decide. “In fact, even asking some of the most basic questions of Congress sometimes does not ensure a quick answer.”

“But, look, there’s also a responsibility that Congress has here to weigh in and to help the American people protect themselves from cyber threats,” Earnest added.

Meehan, a former U.S. attorney who chaired the Homeland Security Committee’s cybersecurity subcommittee, said Wednesday that the issue should be settled definitively through legislation.

During his time as chairman, Meehan wrote, “delicate questions of liability and privacy were resolved through legislation that promotes the best solution for competing interests. The same should be done with technological innovation and the legitimate purposes of search warrants.”

If the debate remains in the courts, the fight is likely to be a lengthy one. No matter the outcome, the loser is expected to appeal. Legal experts agree the case could end up before the Supreme Court.

“A standoff is not an option, as there is too much at stake,” Meehan argued Wednesday. “A court resolution promises only a narrow fix and invites more litigation that could create greater ambiguity.”