Rep. Rose Says House Homeland Security Will Focus on Encryption

The House Homeland Security Committee will focus more on encryption and locked phones, House Intelligence and Counterterrorism Subcommittee Chairman Max Rose, D-N.Y., said Wednesday. During a subcommittee webcast, he said he doesn’t “love” the idea of terrorists communicating through encrypted platforms and police not having immediate access to such an alleged criminal's phone after an attack.

The system needs to support interests of consumers and police, allowing law enforcement access with a court order, said Anti-Defamation League CEO Jonathan Greenblatt. He cited a recent report about the government breaking into a phone without Apple’s help and confirming a terror suspect’s connection to al-Qaida after an attack in Pensacola, Florida.

It shouldn’t be Apple’s decision whether police can lawfully access a phone, said counterterrorism expert Ali Soufan. It’s the court’s decision, argued Soufan, head of a consultancy.

“You can expect much more from this committee on this issue of encryption and locked phones,” Rose said.

Rose blasted leading tech companies Facebook, Google, Microsoft and Twitter for not fulfilling their commitment to appoint an executive director of the Global Internet Forum to Counter Terrorism. GIFCT is a collaborative effort for curbing online terrorist and violent extremist content (see 1706260045). Rose said he and other lawmakers have been waiting for the appointment for nearly a year, which is “another disgrace that speaks to how seriously they take this issue.” Extremists are finding ways to exploit the platforms and spread hate even more during the pandemic, said Rep. Emanuel Cleaver, D-Mo. Rose and Cleaver were the only members to appear. The Internet Association didn’t comment.

Extremists always capitalize in times of crisis and uncertainty, said Greenblatt. He noted Zoom-bombing incidents (see 2005070044), social media-inspired protests from armed militia groups and targeted disinformation.

Soufan drew attention to anti-5G conspiracy theorists carrying out attacks on critical infrastructure like cell towers in the U.S., U.K. and Europe. Citing cell tower attacks in western Tennessee, Memphis and Portland, Oregon, he blamed white supremacists and anti-government activists for attempting to destroy a system they don’t believe in. Social media companies have a lot to do with the spread of dangerous conspiracy theories, he said.

Rose asked what social media companies should be doing during the pandemic. Section 230 of the Communications Decency Act prompted the libertarian view that “anything goes” in so-called free speech zones, said Greenblatt. Platforms need to prioritize basic principles and commit explicitly to values of decency, safety and security of their users, he continued, citing forums on fringe platforms like 4chan, Gab and Discord where extremists suggest people go into synagogues or mosques and cough on people. Companies need to innovate against extremism, using artificial intelligence and machine learning, Greenblatt said. They should deploy the same technology used to identify COVID-19 misinformation to identify extremism and hate, he said: Past infringers shouldn’t be able to continue monetizing content.

Rose said there will be more advocacy to enlarge the GIFCT and make it a legitimate organization. The committee spent the past year trying to get social media companies to act, Rose added. He said industry is claiming the executive director appointment can’t be made during COVID-19.