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EFF Sues for Secret Court Orders Requiring Tech Companies to Decrypt Users’ Communications

Via EFF: “The Electronic Frontier Foundation (EFF) filed a Freedom of Information (FOIA) lawsuit today against the Justice Department to shed light on whether the government has ever used secret court orders to force technology companies to decrypt their customers’ private communications, a practice that could undermine the safety and security of devices used by millions of people. The lawsuit argues that the DOJ must disclose if the government has ever sought or obtained an order from the Foreign Intelligence Surveillance Court (FISC) requiring third parties—like Apple or Google—to provide technical assistance to carry out surveillance. The suit separately alleges that the agency has failed to turn over other significant FISC opinions that must be declassified as part of surveillance reforms that Congress enacted with the USA FREEDOM Act. EFF filed its FOIA requests in October and March amid increasing government pressure on technology companies to provide access to customers’ devices and encrypted communications for investigations. Although the FBI has sought orders from public federal courts to create a backdoor to an iPhone, it is unclear to what extent the government has sought or obtained similar orders from the FISC. The FISC operates mostly in secret and grants nearly every government surveillance request it receives…”

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