Comey: 'Of course' FBI would leverage precedent in San Bernardino case

Under questioning from members of the House Judiciary Committee on Tuesday, FBI Director James Comey admitted that his agency would "of course" seek to use the precedent gained from a win in the San Bernardino to unlock other phones.

"If the All Writs Act is available to us, and relief under the All Writs Act fits the powers of the statute, of course" the bureau would seek to apply the same tactic in other cases, Comey said in response to a question from Rep. John Conyers. Comey repeatedly acknowledged the potential of the San Bernardino matter to set a legal precedent.

Much of the committee's time was spent questioning Comey on the precedential nature of the bureau's request, but members were also keen to determine whether the FBI had done everything in its own power before turning to the courts.

Reps. Darrell Issa and Zoe Lofgren — members of the California congressional delegation — were especially tough on Comey. Issa, who made a fortune in automotive security, pressed the FBI chief on detailed technical matters that Comey was continually unable to answer.

"How can you come before this committee..if you can't answer the questions?" Issa asked pointedly.

Apple general counsel Bruce Sewell is slated to testify before the committee later today.

56 Comments

radster360 546 comments · 16 Years

About 8 years ago

Mr. Comey is a fox in sheep's skin. He is showing his true color. It was never just "This one phone"!

rob53 3307 comments · 13 Years

Hooray for Issa! It's about time someone with technical experience challenged the FBI. This should be enough to throw his request out of court and for the congressional committee to tell the FBI to take a hike.

fastasleep 6450 comments · 14 Years

There it is.

volcan 1799 comments · 10 Years

AppleInsider said:

"If the All Writs Act is available to us, and relief under the All Writs Act fits the powers of the statute, of course" the bureau would seek to apply the same tactic in other cases, Comey said in response to a question from Rep. John Conyers. Comey repeatedly acknowledged the potential of the San Bernardino matter to set a legal precedent.
This "of course" is what Apple was referring to when they said it was not about just one phone. Apple doesn't want to be in the criminal forensics business, which is one reason, besides consumer privacy, that they made it virtually impossible to break into. Up until iOS 8 they could easily break in and with each revision they have made it increasingly more difficult. The rumor is that next they will attempt to make it technically impossible to break in with the next iOS, even for Apple.

One thing is for sure, Apple should never give the FBI a copy of the hacked software. The FBI would get their pocket picked in 5 minutes. Then millions of users would be at risk.

jensonb 533 comments · 16 Years

Issa, who made a fortune in automotive security, pressed the FBI chief on detailed technical matters that Comey was continually unable to answer.

"How can you come before this committee..if you can't answer the questions?" Issa asked pointedly.

That is brutal. Issa showing no mercy.