The Federal Bureau of Investigation is not seeking to circumvent Congress by asking the courts to provide access to an encrypted device, the agency’s director told House members in response to a question from the House Judiciary Committee’s leading Democrat.
“Given that you’ve asked us to provide you with that authority since taking your position at the bureau, and given Congress has explicitly denied you that authority thus far, can you appreciate our frustration that this case appears to be little more than end run around this committee?” Rep. John Conyers, D-Mich., asked FBI Director James Comey.
“I really cannot,” Comey said. “I don’t recall a time when I’ve asked for a particular legislative fix. The administration’s position has been that they’re not seeking legislation at this time.
“We’re investigating a horrific terrorist attack in San Bernardino, [and] there’s a phone that’s [locked] that belongs to one of the killers,” Comey said. He added that using the 217-year-old All Writs Act as the agency’s legal basis was entirely reasonable. “That’s been used since I was a boy, [and] we think there’s a reasonable argument to use [it] to unlock this phone.”
Earlier in the hearing, Comey explained that the perpetrators in California’s December terrorist attack had destroyed two of the cellular devices they used, leaving just one iPhone 5C. He said that forcing the company to unlock it wouldn’t help the agency to unlock the newer iPhone 6.
“The later iPhones as I understand it, the six and after, there aren’t doors. So there isn’t going to be, can you take the guard dog away and let us pick the lock,” Comey said.
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Last month, a federal court ordered Apple to assist the FBI in unlocking the older device. Apple has appealed the ruling. The next hearing is scheduled for this month.
