Speaking Friday at the American Bar Association annual conference in San Francisco, James Comey said the agency was unable to access 650 of 5,000 electronic devices investigators attempted to search over the last 10 months. He said the problem is only going to get worse without a discussion about the technology.
Comey says encryption technology makes it impossible in a growing number of criminal cases to search electronic devices. But he said it's up to U.S. citizens, rather than the FBI or government officials, to decide whether to modify the technology to help law enforcement access the devices.
Comey's concern with encryption emerged earlier this year when the FBI engaged in a high-profile legal fight with Apple over accessing data from a locked iPhone used by one of the two shooters in the San Bernardino, California, terrorist attack. The legal fight remained unresolved because the FBI dropped its court challenge after it said it found a way to access the shooter's iPhone.
Silicon Valley companies say encryption safeguards customers' privacy rights and offers protections from hackers, corporate spies and other breaches.