If the government wants to listen in on your phone calls, it can. That’s the crux of the Communications Assistance for Law Enforcement Act, enacted in 1994: It requires wireless carriers to keep the possibility open of wiretapping their networks. In 2005, the act was expanded to include VoIP and broadband providers.
But Calea has never been expanded from phone networks to phones themselves, and now phone makers—first Apple, then Android—are releasing handsets with encryption that makes it impossible for the handset maker to retrieve data from the phone, warrant or no. The government is not happy. “What concerns me about this is companies marketing something expressly to allow people to place themselves beyond the law,” FBI director James Comey said last week. But there’s not much he or other branches of law enforcement can do to stop it, absent some help from Congress.