Surveillance

The Supreme Court’s recent ruling that police must get a warrant to access the vast trove of location information wireless carriers collect on their customers marks a breakthrough for privacy rights. But the majority in Carpenter v. United States sidestepped key issues about whether police can still access location data in real time or for short periods without a warrant. These gaps will likely give rise to a flurry of new legal challenges --- and are already sparking calls for Congress to step in to fix potential loopholes.

In a major win for privacy rights, the Supreme Court put new restraints on law enforcement’s access to the ever-increasing amount of private information about Americans available in the digital age. In the specific case before the court, the justices ruled that authorities generally must obtain a warrant to gain access to cell-tower records that can provide a virtual timeline and map of a person’s whereabouts. Chief Justice John Roberts wrote the 5 to 4 decision, in which he was joined by the court’s liberal members.

Seven weeks after Iran's conservative-led judiciary banned the secure communications app Telegram inside the country, Iranians are still reeling from the change. Though Telegram has critics in the security community, it has become wildly popular in Iran over the last few years as a way of communicating, sharing photos and documents, and even doing business. The service is streamlined for mobile devices, and its end-to-end encryption stymies the Iranian government's digital surveillance and censorship regime.

Apple has long positioned the iPhone as a secure device that only its owner can open. That has led to battles with law enforcement officials who want to get information off them, including a well-publicized showdown with the FBI in 2016 after Apple refused to help open the locked iPhone of a mass killer. The FBI eventually paid a third party to get into the phone, circumventing the need for Apple’s help. Since then, law enforcement agencies across the country have increasingly employed that strategy to get into locked iPhones they hope will hold the key to cracking cases.

The White House pushed back on legislative efforts to reverse President Donald Trump’s deal with China that eases penalties on Chinese telecommunications giant ZTE, helping to revive the company. White House deputy press secretary Hogan Gidley defended the administration's agreement to impose lessened penalties on the company, maintaining that the punishment was "massive" and "historic." “This will ensure ZTE pays for its violations and gives our government complete oversight of their future activity without undue harm to American suppliers and their workers," Gidley said.

In a rare rebuke of President Donald Trump, Republican Senate leaders set up a vote for the week of June 11 that would undo the White House deal to revive Chinese telecommunications company ZTE Corp. Commerce Secretary Wilbur Ross was on Capitol Hill late June 11 to lobby against the move. But Democratic and Republican lawmakers said that an agreement had been reached to wrap into the National Defense Authorization Act an amendment that would ban ZTE from buying components from US suppliers.

Special counsel Robert S. Mueller III's team is reportedly reviewing the encrypted messaging apps of witnesses in the Russia investigation. The team is looking at what experts say are some of the best apps at keeping messages private. Not all encrypted messaging apps disclose their user numbers, so it's hard to pinpoint just how prolific they have become. But the most popular among them, WhatsApp, claims 1.5 billion users around the world.

Reps Ted Lieu (D-CA), Mike Bishop (R-MI), Suzan DelBene (D-WA), and Jim Jordan (R-OH) reintroduced the Ensuring National Constitutional Rights for Your Private Telecommunications (ENCRYPT) Act. The legislation would preempt state and local government encryption laws to ensure a uniform, national policy for the interstate issue of encryption technology.

Even as the Commerce Department was confirming a deal to remove an export ban affecting ZTE, Congress was moving to prevent government money to be used to buy ZTE equipment.

Apparently, special counsel Robert Mueller's team is requesting that witnesses turn in their personal phones to inspect their encrypted messaging programs and potentially view conversations between associates linked to President Donald Trump. Since as early as April, Mueller's team has been asking witnesses in the Russia probe to turn over phones for agents to examine private conversations on WhatsApp, Confide, Signal and Dust, apparently.  Fearing a subpoena, the witnesses have complied with the request and have given over their phones.