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!

Catch up on the day's biggest business stories

Subscribe to Axios Closer for insights into the day’s business news and trends and why they matter

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sign up for Axios Pro Rata

Dive into the world of dealmakers across VC, PE and M&A with Axios Pro Rata. Delivered daily to your inbox by Dan Primack and Kia Kokalitcheva.

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!

Want a daily digest of the top Nashville news?

Get a daily digest of the most important stories affecting your hometown with the Axios Nashville newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Columbus news?

Get a daily digest of the most important stories affecting your hometown with the Axios Columbus newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Dallas news?

Get a daily digest of the most important stories affecting your hometown with the Axios Dallas newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Austin news?

Get a daily digest of the most important stories affecting your hometown with the Axios Austin newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Atlanta news?

Get a daily digest of the most important stories affecting your hometown with the Axios Atlanta newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Philadelphia news?

Get a daily digest of the most important stories affecting your hometown with the Axios Philadelphia newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top Chicago news?

Get a daily digest of the most important stories affecting your hometown with the Axios Chicago newsletter.

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Sign up for Axios NW Arkansas

Stay up-to-date on the most important and interesting stories affecting NW Arkansas, authored by local reporters

Please enter a valid email.

Please enter a valid email.

Subscription failed
Thank you for subscribing!

Want a daily digest of the top DC news?

Get a daily digest of the most important stories affecting your hometown with the Axios DC newsletter.

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!

Illustration: Lazaro Gamio/Axios

Law enforcement's ongoing battle to access encrypted data on devices is taking a strange turn: The Justice Department is simultaneously poised to push new regulations for encryption while coping with a damaging report on how the FBI botched the DOJ's last regulatory push.

Why it matters: At least one congressman thinks the report might hinder any new effort to move encryption legislation through the House. It also gives plenty of ammunition to the already vocal critics of that legislation, including tech companies, security researchers and national security experts.

Driving the news: The new report from the DOJ's Office of the Inspector General finds the FBI unwittingly misled Congress about exhausting all options to break into iPhone of a suspect in the 2015 San Bernardino terrorist shootings.

"None of this changes what we already knew, that the FBI can conduct investigations without backdoors. In fact, this validates it," Rep. Will Hurd (R-Texas) told Axios.

The report: Former Director James Comey made the phone the focal point of Congressional testimony in 2016 that the FBI was powerless to conduct some investigations without new laws or a court order to allow it access encrypted data.

But the FBI subdivision that ultimately found a private sector solution — the Remote Operations Unit (ROU) — didn't even know about the iPhone woes until after the squabble between the FBI and Apple went to court.

  • Elements in the FBI wanted a finger on the scale: Per the report, one official "became frustrated that the case against Apple could no longer go forward, and he vented his frustration ...[H]e expressed disappointment that the ROU Chief had engaged an outside vendor to assist with the Farook iPhone, asking the ROU Chief, '[What] did you do that for?'"

Meanwhile: Political forces are rallying to make a new push for encryption backdoors:

  • The New York Times reports that the DOJ met with researchers that claim they can solve a key problem in regulating encryption, which is that every known expert in cryptography believes that creating a digital entryway for law enforcement risks a security catastrophe.
  • Politico reports that the Senate Intelligence Committee hosted Manhattan District Attorney Cyrus Vance on Friday to speak on the issue.

How can the DOJ argue this to lawmakers? The central tenant of the DOJ's argument is that there's no way to conduct critical investigations without extraordinary access into cellphones. The FBI report has not done wonders for their credibility on that specific point.

  • Sen. Ron Wyden (R-Ore.) said in a statement: “It’s clear now that the FBI was far more interested in using this horrific terrorist attack to establish a powerful legal precedent than they were in promptly gaining access to the terrorist’s phone.”

This may never end: In the 1990s, cryptographers and security experts assumed that, like all good wars, the first round would be the last one. It wasn't.

"This is just going to keep happening," Hurd said.

Go deeper

Food delivery "ghost kitchens" face major obstacles

Photo: Jakub Porzycki/NurPhoto via Getty Images

The growing popularity of food delivery has given rise to startups that open "ghost kitchens" — kitchens in warehouses or trailers that prepare food solely for delivery and have no option to dine in.

  • But they can come with a whole host of problems.

The big picture: The concept of "ghost kitchens" has been dubbed the next big thing in the future of services, with high profile backers like Uber founder Travis Kalanick. But these kitchens can be hard to run or unsafe.

3 hours ago - Health

Federal judge blocks Biden vaccine mandate for health workers

President Biden delivers remarks on the Omicron COVID-19 variant at the White House on Nov. 29. Photo: Anna Moneymaker via Getty Images

A federal judge on Tuesday blocked the Biden administration from enforcing a coronavirus vaccine mandate for health care workers at federally funded facilities nationwide.

The big picture: The order comes one day after a federal judge in Missouri halted the mandate, which has a Jan. 4 deadline, in 10 states.

CNN suspends Chris Cuomo indefinitely

Chris Cuomo in 2019. Photo: Theo Wargo/Getty Images for THR

CNN announced Tuesday evening that it has suspended anchor Chris Cuomo indefinitely following new revelations about his involvement in the management of his brother's sexual harassment scandal.

Driving the news: New documents released Monday showed that Cuomo used his contacts to garner information about the women accusing his brother, former New York Gov. Andrew Cuomo, of sexual harassment, as well as of emerging media coverage relating to the scandal.