Security News > 2020 > December > ACLU Sues FBI to Learn How It Obtains Data From Encrypted Devices
The American Civil Liberties Union announced on Tuesday that it has filed a lawsuit against the FBI in an effort to find out how the law enforcement agency can access information stored on encrypted devices.
The FBI has often turned to third parties for help in accessing information stored on encrypted devices, but it has come to light in recent court documents that the agency's Electronic Device Analysis Unit has been acquiring solutions that can help it break into encrypted devices on its own.
The FBI provided what is known as a Glomar response, which indicates that the agency does not even want to confirm or deny the existence of any records related to EDAU, let alone share details on its capabilities.
The ACLU says the FBI's response is not valid and it has asked a federal court to order the Department of Justice and the FBI to hand over documents related to the EDAU. "A valid Glomar response is rare, as there are only extremely limited instances where its invocation is appropriate - that is, only where the existence or nonexistence of records is itself exempt under FOIA," ACLU representatives wrote in a blog post on Tuesday.
In the United States, the FBI is often provided as an example, with officials claiming that the agency's investigations have been impeded by strong encryption - even though in many cases the FBI did manage to gain access to data on encrypted devices and their claims were sometimes found to be exaggerated.