the plan is to use social network analysis and focused deterrence to stem potential extremism protect public safety..,

fbi  |  Over the past year, I have confirmed what I long believed—that the FBI is filled with amazing people, doing an amazing array of things around the world, and doing them well. I have also confirmed what I have long known: that a commitment to the rule of law and civil liberties is at the core of the FBI. It is the organization’s spine. 

But we confront serious threats—threats that are changing every day. So I want to make sure I have every lawful tool available to keep you safe from those threats.

An Opportunity to Begin a National Conversation

I wanted to meet with you to talk in a serious way about the impact of emerging technology on public safety. And within that context, I think it’s important to talk about the work we do in the FBI, and what we need to do the job you have entrusted us to do.

There are a lot of misconceptions in the public eye about what we in the government collect and the capabilities we have for collecting information.

My job is to explain and clarify where I can with regard to the work of the FBI. But at the same time, I want to get a better handle on your thoughts, because those of us in law enforcement can’t do what we need to do without your trust and your support. We have no monopoly on wisdom.

My goal today isn’t to tell people what to do. My goal is to urge our fellow citizens to participate in a conversation as a country about where we are, and where we want to be, with respect to the authority of law enforcement.

The Challenge of Going Dark

Technology has forever changed the world we live in. We’re online, in one way or another, all day long. Our phones and computers have become reflections of our personalities, our interests, and our identities. They hold much that is important to us.

And with that comes a desire to protect our privacy and our data—you want to share your lives with the people you choose. I sure do. But the FBI has a sworn duty to keep every American safe from crime and terrorism, and technology has become the tool of choice for some very dangerous people.

Unfortunately, the law hasn’t kept pace with technology, and this disconnect has created a significant public safety problem. We call it “Going Dark,” and what it means is this: Those charged with protecting our people aren’t always able to access the evidence we need to prosecute crime and prevent terrorism even with lawful authority. We have the legal authority to intercept and access communications and information pursuant to court order, but we often lack the technical ability to do so.

We face two overlapping challenges. The first concerns real-time court-ordered interception of what we call “data in motion,” such as phone calls, e-mail, and live chat sessions. The second challenge concerns court-ordered access to data stored on our devices, such as e-mail, text messages, photos, and videos—or what we call “data at rest.” And both real-time communication and stored data are increasingly encrypted.

Let’s talk about court-ordered interception first, and then we’ll talk about challenges posed by different means of encryption.

In the past, conducting electronic surveillance was more straightforward. We identified a target phone being used by a bad guy, with a single carrier. We obtained a court order for a wiretap, and, under the supervision of a judge, we collected the evidence we needed for prosecution.

Today, there are countless providers, countless networks, and countless means of communicating. We have laptops, smartphones, and tablets. We take them to work and to school, from the soccer field to Starbucks, over many networks, using any number of apps. And so do those conspiring to harm us. They use the same devices, the same networks, and the same apps to make plans, to target victims, and to cover up what they’re doing. And that makes it tough for us to keep up.

If a suspected criminal is in his car, and he switches from cellular coverage to Wi-Fi, we may be out of luck. If he switches from one app to another, or from cellular voice service to a voice or messaging app, we may lose him. We may not have the capability to quickly switch lawful surveillance between devices, methods, and networks. The bad guys know this; they’re taking advantage of it every day.

In the wake of the Snowden disclosures, the prevailing view is that the government is sweeping up all of our communications. That is not true. And unfortunately, the idea that the government has access to all communications at all times has extended—unfairly—to the investigations of law enforcement agencies that obtain individual warrants, approved by judges, to intercept the communications of suspected criminals.