FBI constantly inflated numbers of encryption threat figures to congress and public

On Tuesday, The Washington Post reported that the FBI has been inflating numbers of encryption threat figures to both Congress and the public due to a programming error. The department had previously claimed that they had been locked out of about 7,800 encrypted cellphones involved in criminal investigations executed last year, where in reality that number would be between 1,000 and 2,000.

Christopher Wray, FBI director, is reported to have used the inaccurate data to make a compelling argument against the “Going Dark” strategy, which involves the use of encrypted software in order for investigators to access data, even if they have a court order. Attorney General Jeff Sessions also used the numbers to explain how encrypted devices and data can be a “threat for American people”.

The FBI reported to the CNBC that the incorrect numbers were caused by an internal system that uses three separate databases, which may have led to some of them repeating during the accounting process. It has been reported that the department first became aware of the situation a month ago and has yet to find out the exact number of encrypted phones tied to last year’s investigations. While this methodology was tested in April of 2016, the tests failed to identify the error, according to people familiar with the process. The FBI still has remarked the importance of considering “Going Dark” as a concerning issue, stating that they will “will continue pursuing a solution that ensures law enforcement can access evidence of criminal activity with appropriate legal authority.”

An incorrect number was first mentioned by Wray in October of last year, referencing 7,000 found locked devices on the last 11 months. Afterward, in December, he stated that the FBI “was unable to access the content of approximately 7,800 mobile devices using appropriate and available technical tools, even though there was legal authority to do so”, using the “evidence” to move forward the concern for “Going Dark”.

A month later, Wray used the found number as a warning for future problems that encrypted data and devices may cause for the FBI, stating that “it’s going to be a lot worse in just a couple of years if we don’t find a responsible solution” He proceeded to refer to those numbers in March, and his statements were echoed by Jeff Sessions.  All of those FBI addresses have now been labeled as false, with criticism from lawmakers, lawyers and tech companies likely to come in the next weeks.  In fact, experts and privacy advocates were already skeptical to the FBI’s reports, since the fact that the number of encrypted devices reported in 2016, just a year earlier, was merely 880.

Furthermore, this notification has come at a time where the FBI’s credibility and legitimacy was already being questioned. President Trump and his followers showed opposition and skepticism towards the current institution’s investigation of the ties between Trump associates and Russia during the 2016 election, with the president arguing that there were “spies in [his] campaign”. Another instance that has brought insecurity to the public regarding the Department’s actions was their failing to act on an indication that a teenager in Florida was likely to carry out a school shooting, which he then proceeded to do, killing 17.

The recent debate regarding encryption and data access from the government also became relevant when the FBI requested for Apple to unlock the cell phone of Syed Farook, responsible for the 2014 San Bernardino shooting where 14 people were killed. After refusing to proceed, Apple CEO stated that such an action would require for the company to have a software equivalent to a “master key” for iPhones and other Apple devices.

Featured Image via Flikr/Federal Bureau of Investigation (FBI)