RON WYDEN COMMITTEES: OREGON COMMITTEE ON FINANCE COMMITTEE ON BUDGET COMMITTEE ON ENERGY NATURAL RESOURCES RANKING EOMMHTEE 0? ?nitzd $t8tz? Enatz 0N INTELLIGENCE WASHINGTON, DC 20510?3703 221 DIRKSEN SENATE OFFICE BUILDING WASHINGTON, DC 20510 (202) 224?5244 May 23, 2018 The Honorable Christopher A. Wray Director Federal Bureau of Investigation 935 Avenue Northwest Washington, DC 20535 Dear Director Wray: I write to you today to express my concern regarding recent reports that the FBI has repeatedly misled the public and elected of?cials both in Congress and in states with reSpect to the number of electronic devices rendered inaccessible by strong The government has long held discredited views about Now we see that the FBI is struggling with basic arithmetic clearly it should not be in the business of dictating the design of advanced algorithms. Experts have said repeatedly, for decades, that strong is incompatible with backdoors. Strong helps ensure both security and liberty, and Americans rely on this security to protect the location of their families and the intimate details of their communications from hackers and foreign criminals. It is foundational to American liberty that individuals feel free to express their deeply held, but controversial, beliefs without fear of prying eyes or ears. Knowing you?re being watched - or that you may be overheard leads to self-censoring that would have Ben Franklin rolling over in his grave. Members of the Trump Administration, and the Obama Administration before it, have repeatedly expressed support for strong Most recently, National Counterintelligence Security Center Director Nominee William Evanina testi?ed in his con?rmation hearing that members of Congress and by extension all Americans should their phone calls. Fear-mongering by the FBI about how only terrorists use is deeply dangerous and contrary to the mission to protect the public. Recently, the FBI exploited the terrorist attack and tragedy in San Bemardino tragedy to pursue a strategy in the Courts that they hoped would lead to requiring companies to build in 911 NE 11TH AVENUE 405 EAST 8TH AVE SAC ANNEX BUILDING U.S COURTHOUSE THE JAMISON BUILDING 707 13TH ST, SE SUITE 630 SUITE 2020 105 FIR ST 310 WEST 6TH ST 131 NW HAWTHORNE AVE SUITE 285 PORTLAND, OR 97232 EUGENE, OR 97401 SUITE 201 ROOM 118 SUITE 107 SALEM, OR 97301 (503) 32677525 (541) 431?0229 LA GRANDE, OR 97850 MEDFORD, OR 97501 BEND. OR 97701 (503) 589?4555 (541) 96277691 (541) 85&5122 (541) 330?9142 PRINTED ON RECYCLED PAPER ?exceptional access,? also known as ?backdoors.? According to the Department of Justice Inspector General, the FBI was more interested in establishing a powerful legal precedent than actually gaining access to the terrorist?s iPhone. We see the same calculations today with the overstatement of inaccessible devices. When the FBI reportedly misstates the number of devices rendered inaccessible by it is either too sloppy in its work or pushing a legislative agenda. It is now more important than ever that Congress and all Americans are operating with accurate information. Please reply to the following questions by June 13, 2018: 1. How many devices does the FBI have in its control a valid warrant to access that it currently cannot adequately access due to either a lack of expertise or tools at the FBI or the inability to purchase or use third party products (such as Cellebrite or Grayshift) to access the device? 2. How many investigations were affected - and how were they affected - by these devices being inaccessible over the last year? 3. In January 2018, I asked you which you have consulted with who assert that it is not only technically feasible, but also a good public policy solution, to allow for ?exceptional access? (sometimes referred to as a ?backdoor?) to strong I repeat that request today. 4. Does the FBI concur with Mr. Evanina?s recommendation that government of?cials should their unclassi?ed telephone conversations? a. If yes, what steps, if any, has FBI taken to communicate these recommendations to federal agencies. b. If not, why? As an addendum, I am enclosing a letter from expert Martin E. Hellman, Steven M. Bellovin, Paul C. Kocher, and Bruce Schneier for additional reference regarding your consultations with Sincerely, ?lm 0319'? Ron Wyden United States Senator