FBI Director James Comey says encryption will allow criminal suspects to conceal evidence in a way that’s unprecedented in American history. NPR checks on the validity of his claim.

…

KELLY MCEVERS, HOST:

The court battle between Apple and the FBI is one for the ages, quite literally, if you listen to FBI Director James Comey. He says it would be a lasting problem for law enforcement if the courts do not force Apple to create the tools to help unlock a terrorist’s iPhone.

…

SHAHANI: Stanford Law Professor David Sklansky says the FBI director is overstating his case. It is not a given that every new technology must be police-friendly or police-accessible. Consider phones. It took vigorous debate before the Supreme Court decided to authorize wiretapping at a large scale. And just because courts decided eavesdropping on phones serves the public interest, that doesn’t dictate what should happen with the iPhone.

DAVID SKLANSKY: It has a lot more information in it and different kinds of information, and people use it in different ways.

SHAHANI: The iPhone isn’t just a phone. It’s a mish-mash of personal diary, physical tracker, photo album, health record repository. Sklanksy says if Congress chooses to weigh in, they might decide that the benefits to law enforcement do not outweigh the cost – a weaker digital lock in this new era of online data and criminal hackers. Aarti Shahani, NPR News.