Smartphone Technology- Battle Heats up Between Encryption and Law Enforcement

Summary

British law enforcement is warning mobile manufacturers and users that smartphones in custody

for forensics and other investigations are being remotely wiped, destroying important evidence.

Encryption vs Law Enforcement

British police officials have complained that around six smartphones seized from crime scenes

and suspects have been remotely wiped in the past few months. This could have potentially

destroyed important evidence as part of ongoing investigations. And, the police had no clue how

the contents were wiped.

The issue stems from the technology that allows users to remotely wipe their mobiles, and

potentially company secrets and personal information, in cases of lost or stolen scenarios.

Most modern smartphones come with this encryption technology: Apple iPhones, Google Android

and Windows Phone. In many other cases, like with BlackBerry handsets, corporate IT admin can

also remotely wipe data.

But this, though a boon to users, poses a problem for the British police. A forensic expert has cited

that if a smartphone has signal, in theory, it is possible to remotely wipe it.

Police often make use microwave ovens or radio-frequency shielded bags to prevent cell service

from getting through.

However, in some cases, even that short time period after a smartphone has been seized is

sufficient to send a data kill switch that is remotely activated.

Ever since Apple encrypted its iPhones, the United States law enforcement has been complaining

at Apple and Google's move to enforce default data encryption on their mobiles. T

his has forced police officials and federal agents to approach the smartphone owner, and not the

company themselves.

Many federal agencies of the United States , including NSA and FBI, have complained that Apple

and Google's encryption efforts will hinder important investigations.

Pedophiles, kidnappers, hackers, drug dealers, identity thieves, terrorist, and other violent criminals

can evade capture. FBI Director James Comey has criticized the Web giants for allowing its users to

place themselves beyond the legal system.

However, there are some issues to consider regarding the case of United Kingdom.

First, failing to provide the encryption keys, for smartphone owners, it is their passcodes, can land

a user in prison for a maximum of two years.

Under the RIPA (Regulation of Investigatory Powers Act), U.K.'s surveillance laws, a court can force

a smartphone owner to handover of the encryption keys, or face contempt charges.

This is a massive deviate from the United States that has the Fifth Amendment right to safeguard a

American citizen against self-incrimination.

Also, remotely wiping a smartphone that is in police custody can also land U.K. persons in serious

trouble.

Prosecutors can easily argue that information stored on a smartphone could be helpful in an

investigation, and interfering with that could lead to a person into more trouble.

The issue lies between the delicate balance of privacy and the need to satisfy law enforcement.

Crimes are being committed at all times.

And that there is little or no doubt in anyone's minds that smartphones and the huge amount of

information they store could be vital for police. But it does not necessarily mean they should

automatic access to them.

Thanks to its uncodified constitution, the United Kingdom is a little more flexible with its laws. The

security protocols prevent British public from U.S.-style laws, such as the security against self

incrimination and against unwarranted searches and seizures.

What is Next for Encryption and Law Enforcement

While the the United States plays a game of hide and seek between law enforcement efforts and the

smartphone manufacturers, the United Kingdom will be more legislative.

Users may see a boon in Apple and Google's encryption efforts but the same is definitely a bane for

law enforcement across the globe. Till now, only U.S. and U.K. police have voiced their concerns

about smartphone encryption. Only time can tell how many are to follow.

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