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Encryption

Documents Reveal FBI Head Defended Encryption for WhatsApp Before Becoming Fierce Critic (theguardian.com) 34

Christopher Wray, the FBI director who has been one of the fiercest critics of encryption under the Trump administration, previously worked as a lawyer for WhatsApp, where he defended the practice, according to new court filings. From a report: The documents, which were released late on Wednesday night as part of an unrelated matter, show Wray worked for WhatsApp in 2015 while he was an attorney for the Washington law firm of King & Spalding. While there are sparse details about the precise nature of the work, the filings indicate that Wray strongly defended the need for end-to-end encryption in his previous representation of WhatsApp, the popular messaging application owned by Facebook. Wray's earlier work -- which has not previously been public -- contradicts his current position on encryption, which protects users' communications and other data from being read by outsiders. The Trump administration and major technology companies like Facebook have been at odds over the need to offer customers encryption services, with the White House and law enforcement officials arguing the technology represents a security risk by protecting the communication of terrorists and criminals.
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Documents Reveal FBI Head Defended Encryption for WhatsApp Before Becoming Fierce Critic

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  • good lawyer (Score:5, Funny)

    by kwoff ( 516741 ) on Friday May 01, 2020 @03:28PM (#60012384)
    Being able to defend opposing sides of an argument, seems like a good thing for a lawyer.
    • As a lawyer, sure, that's par for the course. I'm more worried about his non-answer for the 93% non-compliance on FISA warrants.

      Hopefully news like this means that he will be stepping down soon.

    • Good thing for a lawyer, yes. Not such a good thing for a politician. It just gives him the ability to defend whatever policy his superior tell him to defend, and place the substantial weight of his office behind it.

    • by Anonymous Coward
      It makes him a whore, dude. There's a difference between taking an unpopular position to make sure that civil rights are upheld as a general principle (e.g. defending a murderer from criminal charges) and advocating for a position you know is bad for the population at large because you're being paid to do so.
    • by cusco ( 717999 )

      Perhaps, but a lawyer is perhaps the worst possible choice for an FBI Director (or pretty much anything else in civilization).

  • by Ungrounded Lightning ( 62228 ) on Friday May 01, 2020 @03:36PM (#60012404) Journal

    I see nothing contradictory.

    Acting as a lawyer for WhatsApp he argued for private encryption. This was appropriately representing the company's interests.

    Acting as the head of the FBI - arguably the USA's top criminal investigative agency he is arguing against private encryption without law enforcement back doors. This may be his personal opinion, his impression of the best interest of the agency and/or its mission, or an expression of the administration's directions.

    It would be preferable if the FBI's head were arguing for enforcing the highest law of the land, the Constitution, in the way WE read it, even if this might sometimes interfere with his agency's perceived immediate goals in its law enforcement efforts. But I don't see any hypocrisy here.

    • How does being a lawyer override actual contradictions? Depending on what exactly it means that "he strongly defended the need for end-to-end encryption" (for example if he said "people/users need this"), there may very well be a contradiction (for example if later he was saying "people don't really need this"). So there might not necessarily be a contradiction depending on the nature of his actual statements, but I don't see how just being a lawyer removes all possible contradictions.
      • How does being a lawyer override actual contradictions?

        Any given one of his arguments when acting as a lawyer doesn't have to be consistent with any other one. As long as he doesn't lie about a matter of fact of which he is aware, he's generally on solid groud. He's making these arguments as an agent of his client.

        In a case in criminal law, for example, a defense lawyer can make contradictory arguments IN THE SAME CASE AT THE SAME TIME. Look up "Pleading the Alternative". The government's job is to prov

        • Notice how I wasn't saying *anything* about which of a lawyer's contradictions governments are OK with. The definition of a contradiction doesn't involve lawyers or courts.
    • by Anonymous Coward

      So, while working at WhatsApp, he learned nothing about the futility of `secure' back-doors in encryption software? Or did he simply stick his fingers in his ears when the subject came up? It's gotta be one of those two or else unless he's just another lawyer who thinks his law degree conferred on him expert level knowledge in all things.

    • by Anonymous Coward

      Okay, so he's a mouthpiece, not a thinking human being, and I don't have to put any stock into what he says, except the hard data formally deduced from axioms and empirical info.

      Of which these conversations have little, so virtually everything out of him is worthless.

      Most real-world conclusions, including in courtrooms, are reached with loose reasoning and imperfect data, not absolute knowledge. Even my post presents soft truths to leave you doing your own math.

      • Okay, so he's a mouthpiece, not a thinking human being, and I don't have to put any stock into what he says, except the hard data formally deduced from axioms and empirical info.

        Of which these conversations have little, so virtually everything out of him is worthless.

        There. That wasn't hard, was it? B-)

  • uhh (Score:5, Informative)

    by nomadic ( 141991 ) <nomadicworld@ g m a i l . com> on Friday May 01, 2020 @03:39PM (#60012408) Homepage

    This is super weird, a court filing represents the client's position, not the lawyer's position. And as an FBI director, he represents the government's position, not his own personal one. Now a party can't argue contrary legal positions in two different cases under the doctrine of judicial estoppel. But that binds the party, not the lawyer. And theoretically it could be unethical if a lawyer argued two contrary positions for two different clients in the same court, because that might be a conflict of interest. But here it's completely outside that issue; he isn't even acting as a lawyer here.

  • by Indy1 ( 99447 ) on Friday May 01, 2020 @03:41PM (#60012420)

    Typical stasi behavior from the FBI. They all whine and bitch and moan when they can't spy on you 24/7.

    Apparently he's also forgotten about the 4th Amendment.

    "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

    So if I'm using encryption to secure my papers and effects, that seems pretty damn kosher to me

    Feds can get fucked as far as I'm concerned.

    • The 4th prohibits "unreasonable" searches. Naturally the fascists think spying on absolutely everything is entirely reasonable.
  • by Anonymous Coward

    As FBI director, Wray's responsibility is to advocate for his departments effectiveness. And strong encryption makes that more difficult. So of course as director of the FBI he will (and should) advocate that the FBI needs access.

    As a lawyer representing WhatsApp, a company whose very existence depends on strong encryption, of course he advocated for strong encryption being good.

    Both are consistent with being good in his roles at the time to make the best case for his clients.

    The more interesting questio

    • by Geoffrey.landis ( 926948 ) on Friday May 01, 2020 @03:46PM (#60012444) Homepage

      As FBI director, Wray's responsibility is to advocate for his departments effectiveness.

      True... but as a civil servant, before the first day on the job he swore an oath to support and defend the Constitution of the United States. That oath takes precedence over any requirements of his job.

      • by gweihir ( 88907 )

        That oath takes precedence over any requirements of his job.

        Naa, that was before Trump and it did not even apply then in all cases. This is a nice demonstration how power corrupts. Never expect anybody with real power to have any honor or integrity.

  • Christopher Wray is a political hack. Who is shielding the corrupt and criminal actions of the FBI. His only interest is in FBI power and his political and personal, profit and power.
    As long as Wray is FBI director nothing at the FBI will change. The FBI is there to serve America, not itself as a completely corrupt organization.
    At this point, I do not trust the FBI at all. And I will continue to think that way until something changes and someone is held accountable.
    Wray's FBI is a swamp of self centered
  • ...don'tcha think so...?

  • For hire (Score:5, Insightful)

    by backslashdot ( 95548 ) on Friday May 01, 2020 @05:15PM (#60012774)

    Will promote your point of view for hire.

  • ..WALK AWAY!

  • Soooo basically this article says he was a good lawyer, he advocates for his clients exactly what they want. A lawyer acting on behalf of others if he is doing his job is advocating for their point of view regardless of his personal opinions.

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

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