Episode #96: Jim Comey on Going Dark
The Lawfare Podcast
The Lawfare Institute
4.7 • 6.4K Ratings
🗓️ 16 October 2014
⏱️ 57 minutes
🧾️ Download transcript
Summary
Issues of privacy and security are at the forefront of public debate, particularly in light of recent national security disclosures and increasingly pernicious cyber attacks that target our personal information, our ideas, our money, and our secrets. But are privacy rights trumping public safety interests? And if so, at what cost? Has the post-Snowden pendulum swung too far in one direction?
On October 16, Governance Studies at Brookings hosted FBI Director James Comey for a discussion of the impact of technology on the work of law enforcement. Law enforcement officials worry that the explosion in the volume and the means by which we all communicate threatens its access to the evidence it needs to investigate and prosecute crime and to prevent acts of terrorism.
In particular, officials worry that the emergence of default encryption settings and encrypted devices and networks – designed to increase security and privacy – may leave law enforcement in the dark. Director Comey spoke about the need for better cooperation between the private sector and law enforcement agencies. He also discussed potential solutions to the challenge of “going dark,” as well as the FBI’s dedication to protecting public safety while safeguarding privacy and promoting network security and innovation.
Following these remarks, Brookings Senior Fellow and Lawfare co-founder Benjamin Wittes moderated a discussion with Director Comey and took audience questions.
It's the Lawfare Podcast, episode #96, FBI Director James Comey on "Going Dark."
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Transcript
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| 0:00.0 | The following podcast contains advertising. |
| 0:04.0 | To access an ad-free version of the LawFair podcast, |
| 0:08.0 | become a material supporter of LawFair at patreon.com slash law fair. |
| 0:14.0 | That's patreon.com slash law fair. |
| 0:18.0 | Also, check out LawFair's other podcast offerings, |
| 0:22.0 | rational security, chatter, law fair no bull, and the aftermath. |
| 0:29.0 | Technology has become a tool of choice for some very dangerous people. |
| 0:37.0 | And unfortunately, the law has not kept pace with technology, |
| 0:41.0 | and this disconnect has created the significant public safety problem |
| 0:45.0 | we have long described as going dark. |
| 0:47.0 | And what it means is this. |
| 0:49.0 | Those charged with protecting our people aren't always able |
| 0:53.0 | to access the evidence we need to prosecute crime and prevent terrorism. |
| 0:58.0 | Even with lawful authority. |
| 1:00.0 | We have the legal authority to intercept and access communications |
| 1:04.0 | and information pursuant to a court order. |
| 1:06.0 | But we often lack the technical ability to do that. |
| 1:10.0 | I'm Benjamin Wittes, and this is the LawFair podcast October 16, 2014. |
| 1:16.0 | That's the voice of FBI director Jim Comey speaking today |
| 1:20.0 | at the Brookings Institution on a subject very much on his mind these days. |
| 1:24.0 | Encryption, which he worries is going to take us to a very dark place. |
| 1:28.0 | Comey came to Brookings to have a dialogue on the subject |
... |
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