Dear Matthew:

Thank you for writing to express your support for encryption technology on mobile devices and other platforms in the wake of the December 2, 2015 terror attack in San Bernardino, California.  I appreciate hearing from you, and I welcome the opportunity to respond.

On February 16, 2016, Magistrate Judge Sheri Pym of the U.S. District Court for the Central District of California issued an order requiring Apple to assist the FBI in its effort to access encrypted data on the recovered phone of Syed Rizwan Farook, one of the San Bernardino killers.  The phone was actually owned by San Bernardino County, Mr. Farook’s employer at the time, and the FBI received the county’s consent to search its contents.  Moreover, the FBI received a warrant after it established probable cause to justify legal access to the phone’s content.

In response, Apple issued a public letter stating its intent not to comply with the court order.  Fortunately, while the case was pending, the FBI found an alternative means to access the data on the San Bernardino phone and the court proceeding became moot.

I understand that you oppose this court order and support Apple’s encryption practices.  I welcome efforts by technology companies to improve the security of their devices in order to prevent cyber intrusions and the theft of personal information, which can have devastating consequences for victims.  Throughout my time in the U.S. Senate, I have fought hard to enact legislation that promotes cybersecurity and protects private information on the Internet.

However, on the issue of law enforcement’s access to encrypted data on the San Bernardino phone, we must respectfully disagree.  I strongly support the valid interests of law enforcement to investigate terrorism crimes within the protections set forth in the Constitution and the judiciary’s role to ensure that law enforcement abides by those protections.  Law enforcement has always been permitted to seek and obtain warrants from a court where there is probable cause of criminal activity, in keeping with the Constitution.  As technology continues to evolve, I believe we must strike an appropriate balance between personal privacy and public safety.

You may be interested to know that on April 13, 2016, along with Intelligence Committee Chairman Richard Burr (R-NC), I announced draft legislation called the “Compliance with Court Orders Act of 2016” to ensure that technology companies comply with constitutionally valid court orders to render technical assistance to access encrypted data.  We released this legislation for public discussion and comment.  Terrorists and criminals are increasingly using encryption to foil law enforcement efforts and endanger Americans.  While strong encryption helps protect personal data, law enforcement must also be allowed to investigate when terrorists are plotting deadly attacks and a court has also approved a search warrant to access information.

Please be assured that I will keep your thoughts in mind as I continue to follow this issue.  If you have any further comments or concerns, please do not hesitate to contact my Washington, D.C. office at (202) 224-3841.

Sincerely yours,


  Dianne Feinstein
         United States Senator