FBI’s Wray Provided False Intelligence to Congress & Public on Encryption Threat

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The FBI has repeatedly provided grossly inflated statistics to Congress and the public about the extent of problems posed by encrypted cellphones, claiming investigators were locked out of nearly 7,800 devices connected to crimes last year when the correct number was much smaller, probably between 1,000 and 2,000.

That’s quite the lie.

Over a period of seven months, FBI Director Christopher A. Wray cited the inflated figure as the most compelling evidence for the need to address what the FBI calls “Going Dark” — the spread of encrypted software that can block investigators’ access to digital data even with a court order.

The FBI first became aware of their phone-counting problem about a month ago, and still does not have an accurate count of how many encrypted phones they received as part of criminal investigations last year, officials said. Last week, one internal estimate put the correct number of locked phones at 1,200, though officials expect that number to change as they launch a new audit, which could take weeks to complete, according to people familiar with the work.

“The FBI’s initial assessment is that programming errors resulted in significant over-counting of mobile devices reported,’’ the FBI said in a statement Tuesday. The bureau said the problem stemmed from the use of three distinct databases that led to repeated counting of the same phones. Tests of the methodology conducted in April 2016 failed to detect the flaw, according to people familiar with the work.

The acknowledgment comes at a perilous time for the FBI, whose credibility is being challenged by President Trump and his supporters over the ongoing investigation into whether any Trump associates helped Russia interfere with the 2016 election. The bureau has also been under pressure for other mistakes, including its failure to act on a tip that a Florida teen was likely to carry out a school shooting which police said he did weeks later, killing 17.

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