Apple’s fight with the FBI wouldn’t be much a fight at all in the future envisioned by Senators Richard Burr and Dianne Feinstein.
Legislation from the senators that would impose civil penalties on technology companies who refuse to comply with orders to give investigators access to encrypted data is almost complete and could be introduced as early as next week, Reuters reported.
Though the details of the draft bill have not yet been released, Reuters reported the proposal would not expose companies to criminal penalties. The bill would instead press for contempt of court proceedings and similar penalties, according to the Reuters report.
The legislation comes in the midst of a high-profile spat between smartphone manufacturer Apple and the FBI over whether or not the tech company should have to – or can – provide access to the contents of an iPhone used by one of the San Bernardino shooters.
In mid-February, a federal magistrate ordered Apple to provide the FBI with software investigators can load onto the phone to bypass its self-destruct feature that erases the phone’s data after too many incorrect lock-code guesses.
Though the FBI has said the tool it is seeking would only be used once and would be device- specific, Apple has argued the agency is seeking a “master key” it considers “too dangerous to create.”
The case has escalated to the point where FBI Director James Comey and Apple representatives headed to Washington last week to duke it out in a congressional hearing. Apple has argued the encryption issue should be decided by legislators rather than the courts.
But the U.S. bill wouldn’t be the only one of its kind.
Last week, French legislators in the lower house of Parliament passed a bill that would give prison sentences to tech company executives who refuse to comply with demands for access to data in terrorism-related cases.
Penalties in the French bill include a fine of up to 350,000 euros ($386,000) and five years in prison.
Filed Under: Industry regulations