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Adam Schiff

Congress shouldn't force encryption 'backdoors,' says key House Democrat

Erin Kelly
USA TODAY
Rep. Adam Schiff, D-Calif., the ranking member of the House Permanent Select Committee on Intelligence

WASHINGTON — Congress is unlikely to pass legislation to force U.S. tech companies to build "backdoors" into encrypted devices to allow  the government to gather information on suspected terrorists, the senior Democrat on the House Intelligence Committee said Tuesday.

"I don't think a legislative solution at this point is feasible or even desirable," Rep. Adam Schiff, D-Calif., told reporters at a breakfast hosted by the Christian Science Monitor.

Schiff said he would prefer that lawmakers work with the tech industry to try to come up with solutions. He said it makes little sense to force American companies to let the government break the encryption that keeps their customers' data private when terrorists and criminals can just turn to products made by foreign companies.

"I think the encryption issue is really a global challenge," he said.

Congress is struggling with how to handle the complex issue in the wake of last November's attacks in Paris, where investigators believe that some of the terrorists used encrypted phone apps to communicate via the "Dark Web."

Senate Intelligence Committee Chairman Richard Burr, R-N.C., and Vice Chair Dianne Feinstein, D-Calif., have indicated that they will introduce legislation that would require tech companies to provide a backdoor into encrypted communication when law enforcement officials obtain a court order to investigate a specific person.

Companies such as Apple and Google — responding to consumer demands for privacy — have developed smart phones and other devices with encryption that is so strong that even the companies can't break it. Silicon Valley opposes any effort by Congress to mandate backdoors into encryption, warning that it would have the unintended result of making Americans more vulnerable to hackers and identity thieves.

"I think that's going to be very tough to move forward with," Schiff said of the proposed Senate bill. "At present, we really lack a consensus (in Congress)."

Congress wades into encryption debate with bill to create expert panel

House Homeland Security Committee Chairman Michael McCaul, R-Texas, and Sen. Mark Warner, D-Va., are offering an alternative bill that would create a commission made up of tech industry executives, law enforcement and intelligence officials, college professors and other experts to try to come up with recommendations.

"I think a commission is fine, but it may be a bit redundant," Schiff said.

Schiff and House Intelligence Committee Chairman Devin Nunes, R-Calif., have already asked the National Academy of Sciences to issue a report on whether it is technologically possible to come up with ways for law enforcement and intelligence agencies to conduct legitimate investigations without sacrificing privacy or opening the door to hackers.

As terrorist groups such as the Islamic State increasingly use social media to recruit new members, the U.S. government needs to turn to outside groups to help fight back on Twitter and other sites, Schiff said.

"The area where we have really fallen down is in the area of countering the message (from terrorists)," he said. "The government is the wrong messenger."

Instead, the government should turn to "more credible sources" within the Muslim community who can talk to people about what Islam really stands for and how the terrorists have perverted the religion's message, Schiff said.

"The government can't respond to 20,000 tweets from ISIS," he said. "We need the help of millions of Muslims."

Schiff also said he doesn't believe Congress will repeal a controversial provision of the Patriot Act anti-terrorism law that is set to expire next year.

Lawmakers are considering whether to change or repeal Section 702 of the law, which allows the National Security Agency to target the communications of people in other nations and capture the content of e-mails, instant messages, Facebook messages, web browsing history, and more without a warrant. Although it targets foreigners, it also sweeps up the data of Americans with whom they communicate even if the Americans aren't suspected of any wrongdoing.

Last year, Congress voted to approve the USA Freedom Act, which ended the NSA's mass surveillance of Americans' phone records under Section 215 of the Patriot Act. But Schiff said Section 702 is seen as much more effective at catching terrorists than the phone metadata program ever was.

"Section 702...has been very consequential," Schiff said. "The case for it is much stronger."

The House Judiciary Committee on Tuesday was scheduled to hold a closed session on the issue.

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