Sign up for our daily briefing

Make your busy days simpler with Axios AM/PM. Catch up on what's new and why it matters in just 5 minutes.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Stay on top of the latest market trends

Subscribe to Axios Markets for the latest market trends and economic insights. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sports news worthy of your time

Binge on the stats and stories that drive the sports world with Axios Sports. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Tech news worthy of your time

Get our smart take on technology from the Valley and D.C. with Axios Login. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Get the inside stories

Get an insider's guide to the new White House with Axios Sneak Peek. Sign up for free.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Catch up on coronavirus stories and special reports, curated by Mike Allen everyday

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Denver news?

Get a daily digest of the most important stories affecting your hometown with Axios Denver

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Des Moines news?

Get a daily digest of the most important stories affecting your hometown with Axios Des Moines

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Twin Cities news?

Get a daily digest of the most important stories affecting your hometown with Axios Twin Cities

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Tampa Bay news?

Get a daily digest of the most important stories affecting your hometown with Axios Tampa Bay

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Charlotte news?

Get a daily digest of the most important stories affecting your hometown with Axios Charlotte

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sen. Lindsey Graham. Photo: Alex Edelman/Getty Images

The long-running fight over encryption looked set to enter a hot new phase Tuesday as representatives of Apple and Facebook took a grilling from members of the Senate Judiciary Committee, while Facebook sent a letter to Attorney General Bill Barr saying it won't accede to government pressure to add "back doors" to its products.

Why it matters: Encryption is increasingly baked into tech devices and communications platforms. That enhances personal privacy — but law enforcement authorities have long maintained that it also harms their ability to apprehend criminals, terrorists and child abusers.

The big picture: The message to tech firms from senators of both parties, including committee Chairman Lindsey Graham and Ranking Member Dianne Feinstein, was blunt: Expect Congress to pass new encryption legislation mandating law enforcement access to devices and messages unless the industry provides its own methods.

What they're saying:

  • Graham: "You're gonna find a way to do this or we're gonna do it for you. We're not going to live in a world where a bunch of child abusers have a safe haven to practice their craft."
  • New York District Attorney Cyrus Vance Jr. testified that Apple's decision to begin encrypting iPhone content by default in 2014 "effectively upended centuries of American jurisprudence holding that nobody's property is beyond reach of a court order."
  • Erik Neuenschwander, Apple's manager for user privacy, told the senators that Apple has never held keys that let it access users' data, and it opposes efforts to require it to do so: "We've been unable to identify any way to create back doors that would only work for the good guys. They will be exploited by nefarious entities as well."
  • Jay Sullivan, product management director for privacy and integrity at Facebook Messenger, argued that if the U.S. mandates weakened encryption for U.S.-based services, customers will simply switch to services offered by companies abroad that will be less responsive to American authorities.

The other side: Most of the senators' questioning assumed that "fixing" encryption would benefit law enforcement, but Sen. Mike Lee (R-Utah) warned of unintended consequences like rich drug cartels buying ways to hack through back-door access.

Meanwhile, Facebook responded to a November letter from Barr, as well as officials of the U.S. Homeland Security department and the governments of the U.K. and Australia. The letter urged the company to design its systems to allow law enforcement authorities access to user data when investigating crimes.

  • The letter, from Will Cathcart, head of WhatsApp, and Stan Chudnovsky, head of Messenger, said: "Cybersecurity experts have repeatedly proven that when you weaken any part of an encrypted system, you weaken it for everyone, everywhere. The ‘backdoor’ access you are demanding for law enforcement would be a gift to criminals, hackers and repressive regimes."

Go deeper: The Justice Department just made the encryption debate harder to solve

Go deeper

21 mins ago - Health

FDA advisory panel endorses Johnson & Johnson COVID vaccine for emergency use

Photo: Illustration by Cezary Kowalski/SOPA Images/LightRocket via Getty Images

A Food and Drug Administration advisory panel on Friday recommended the authorization of Johnson & Johnson’s one-shot coronavirus vaccine for emergency use.

Why it matters: The FDA is expected to make a final decision within days on the J&J vaccine, which was found to be 66% effective against moderate to severe COVID. An emergency use authorization would allow distribution to immediately begin, helping streamline and speed up the vaccine rollout across the U.S.

Dave Lawler, author of World
23 mins ago - World

Schiff: "Definitive" Khashoggi report sends clear message to Saudis

Photo: Leon Neal/Getty Images

The report released Friday on the murder of Jamal Khashoggi was short on evidence or new information, but Rep. Adam Schiff (D-Calif.) tells Axios that the “definitive” statement assigning responsibility to Saudi Crown Prince Mohammed bin Salman (MBS) speaks volumes.

What he’s saying: Schiff, the chairman of the House intelligence committee, says that while some intelligence couldn’t be published because of the need to protect sources and methods, “we rarely see something published that is this definitive and I think that's an important accomplishment for the administration.”

Exclusive: Law enforcement organizations back Biden pick for assistant AG

Vanita Gupta Photo: Demetrius Freeman/The Washington Post via Getty Images

Local and federal law enforcement officials are backing Vanita Gupta, President Biden’s nominee for associate attorney general, according to letters sent to the Senate Judiciary Committee and obtained by Axios.

Why it matters: The Major County Sheriffs of America noted Gupta “emphasized that she does not support efforts to ‘defund the police'” and highlighted her desire to improve criminal justice through methods that include increased training for law enforcement officials.