Research agencies in multiple countries around the world use mobile device registration, mainly smartphones, as one of their main sources of information. For this, agencies resort to the use of forensic tools for mobile devices (MDFT), a technology capable of extracting all the information contained in a device, greatly facilitating law enforcement.
Although not a widely known phenomenon, it is a fact that law enforcement in the U.S. and other countries has widely adopted the use of MDFT for their entire justice system. Upturn information security specialists have conducted a thorough investigation, documenting the use of these tools by more than 2,000 law enforcement agencies, resulting in hundreds of thousands of information extractions made over the past 5 years.
A worrying fact in this regard is that this technology is not only used in cases related to major violations but that any American citizen arrested for misdemeanors (minor theft, drug possession, poisoning, among others) may be subject to this severe scrutiny, not to mention that this practice can be applied without regard to any minority or as part of an incident of police brutality.
Because today almost 90% of people in the U.S. own a smartphone, this can also be seen as a harmful extension of the powers attributed to law enforcement: “Mobile devices have become the most important source of investigation for U.S. law enforcement agencies, even when it comes to citizens who do not face legal processes”, the experts mention.
The main problem is that the use of MDFT involves placing too much power in the hands of investigative agencies, so these tools should not be used only at the consideration of these agencies, so multiple groups of researchers, human rights defenders, and political groups propose some measures to set specific limits on their use.
While these measures alone would not solve all the questions posed by the use of MDFT, experts believe that it is necessary to take the first steps towards the complete regulation of these tools, as well as to inform citizens in a concrete way about the real capabilities that these investigations may have on their lives.
Five Eyes alliance member countries have threatened to implement legislation if technology providers do not cooperate with authorities to break end-to-end encryption in specific cases where private information about suspects is sought of criminal activity, as reported by ethical hacking experts from the International Institute of Cyber Security.
The five-country association comprising the United Kingdom, the United States, Australia, Canada, and New Zealand met on the Australian territory last week with ministers of national security, public security, and immigration and general prosecutors. The joint declarations issued after the closure of the summit increased tension on a subject in which law enforcement, besides intelligence agencies and technology specialists are in dispute.
“The growing gap between law enforcement’s ability to legally access data on digital devices and their ability to acquire and use the content of such data is an international issue that requires urgent and constant attention, as well as an informed debate on the complexity of the problems and interests in dispute”, said the statement issued by Five Eyes. “If not, judicial decisions on legitimate access to this information become increasingly insignificant, threatening to undermine the justice systems established in our democratic nations”.
Ethical hacking specialists report that this multinational alliance demands that technology vendors such as Apple, Facebook, and others provide “legal access solutions” to their products so they can request private information in cases where a court or independent authority has authorized such access on the basis of established legal standards.
However, as several encryption specialists have said over and over again, such solutions cannot be designed without underestimating the security of such services for hundreds of millions of users and companies that use them for legitimate purposes; it is reported that Five Eyes has even written to Christopher Wray, head of the Federal Bureau of Investigation (FBI) for the purpose of designing a legal framework under which this can be allowed, in a clear display of pressure on U.S. federal authorities.
“If governments continue to find impediments to legal access to the information needed to help protect the citizens of our countries, we can apply technological, enforcement, legislative or other measures to achieve those necessary legal access solutions”, the statement said.
According to experts in ethical hacking, a proposed alternative in Germany is to allow police agencies to hack into suspects’ devices or accounts, thus avoiding the need for technology service providers to implement backdoors in end-to-end encryption.
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