The newest Apple Inc. and Google Inc. smartphone operating systems will feature novel default encryption settings that will block law enforcement from accessing data stored on the phones, a plan that experts say is likely to spark courtroom and legislative battles over law enforcement’s ability to force the companies to provide them with backdoor access to the information.
“Having come from a law enforcement background, it’s very important that the government be able to access information on devices that potential criminals use to communicate,” said Scott Christie, a McCarter & English LLP partner and former federal prosecutor. “To the extent that not being able to access data slows down criminal investigations, I would expect that the government is going to take issue with that and raise its concerns certainly privately, if not publicly, with Apple or Google.”
“I would expect the government to argue that law enforcement has an overriding interest in the data, so a process needs to be put in place by Apple and Google to allow them to furnish the data if a court order or warrant requires its disclosure,” Christie said.