By Patrick May
Posted:
03/01/2016 09:02:47 AM PST | Updated: 40 min. ago
The
following is a transcript, provided by Apple, of the opening statement
of Bruce Sewell, general counsel and senior vice president of legal and
government affairs, before the House Judiciary Committee today.
"Thank you, Mr. Chairman. It's my pleasure to appear before you
and the Committee today on behalf of Apple. We appreciate your
invitation and the opportunity to be part of the discussion on this
important issue which centers on the civil liberties at the foundation
of our country.
I want to repeat something we have said since the beginning --
that the victims and families of the San Bernardino attacks have our
deepest sympathies and we strongly agree that justice should be served.
Apple has no sympathy for terrorists.
We have the utmost respect for law enforcement and share their
goal of creating a safer world. We have a team of dedicated
professionals that are on call 24 hours a day, seven days a week, 365
days a year to assist law enforcement. When the FBI came to us in the
immediate aftermath of the San Bernardino attacks, we gave all the
information we had related to their investigation. And we went beyond
that by making Apple engineers available to advise them on a number of
additional investigative options.
But we now find ourselves at the center of an extraordinary
circumstance. The FBI has asked a Court to order us to give them
something we don't have. To create an operating system that does not
exist -- because it would be too dangerous. They are asking for a
backdoor into the iPhone -- specifically to build a software tool that
can break the encryption system which protects personal information on
every iPhone.
As we have told them -- and as we have told the American public --
building that software tool would not affect just one iPhone. It would
weaken the security for all of them. In fact, just last week Director
Comey agreed that the FBI would likely use this precedent in other cases
involving other phones. District Attorney Vance has also said he would
absolutely plan to use this on over 175 phones. We can all agree this is
not about access to just one iPhone.
The FBI is asking Apple to weaken the security of our products.
Hackers and cyber criminals could use this to wreak havoc on our privacy
and personal safety. It would set a dangerous precedent for government
intrusion on the privacy and safety of its citizens.
Hundreds of millions of law-abiding people trust Apple's products
with the most intimate details of their daily lives -- photos, private
conversations, health data, financial accounts, and information about
the user's location as well as the location of their friends and
families. Some of you might have an iPhone in your pocket right now, and
if you think about it, there's probably more information stored on that
iPhone than a thief could steal by breaking into your house. The only
way we know to protect that data is through strong encryption.Every
day, over a trillion transactions occur safely over the Internet as a
result of encrypted communications. These range from online banking and
credit card transactions to the exchange of healthcare records, ideas
that will change the world for the better, and communications between
loved ones. The US government has spent tens of millions of dollars
through the Open Technology Fund and other US government programs to
fund strong encryption. The Review Group on Intelligence and
Communications Technology, convened by President Obama, urged the US
government to fully support and not in any way subvert, undermine,
weaken, or make vulnerable generally available commercial software.
Encryption
is a good thing, a necessary thing. We have been using it in our
products for over a decade. As attacks on our customers' data become
increasingly sophisticated, the tools we use to defend against them must
get stronger too. Weakening encryption will only hurt consumers and
other well-meaning users who rely on companies like Apple to protect
their personal information.
Today's hearing is titled Balancing
Americans' Security and Privacy. We believe we can, and we must, have
both. Protecting our data with encryption and other methods preserves
our privacy and it keeps people safe.
The American people deserve an honest conversation around the important questions stemming from the FBI's current demand:
Do
we want to put a limit on the technology that protects our data, and
therefore our privacy and our safety, in the face of increasingly
sophisticated cyber attacks? Should the FBI be allowed to stop Apple, or
any company, from offering the American people the safest and most
secure product it can make?
Should the FBI have the right to
compel a company to produce a product it doesn't already make, to the
FBI's exact specifications and for the FBI's use?
We believe that
each of these questions deserves a healthy discussion, and any decision
should be made after a thoughtful and honest consideration of the facts.
Most
importantly, the decisions should be made by you and your colleagues as
representatives of the people, rather than through a warrant request
based on a 220 year-old-statute.
At Apple, we are ready to have
this conversation. The feedback and support we're hearing indicate to us
that the American people are ready, too.
We feel strongly that
our customers, their families, their friends and their neighbors will be
better protected from thieves and terrorists if we can offer the very
best protections for their data. And at the same time, the freedoms and
liberties we all cherish will be more secure.
Thank you for your time. I look forward to answering your questions."
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