Microsoft’s Bitlocker Encryption Keys Given To The FBI Set A Worrying Precedent

Microsoft was asked last year to give the FBI access to the encryption keys used by BitLocker to protect data on three laptops. The company complied and warned that it receives around 20 similar requests each and every year.

According to a Forbes report, the three laptops were part of an investigation into potential fraud relating to a COVID unemployment assistance program in Guam.

BitLocker protects data by encrypting it, but Microsoft says that it will give law enforcement the keys to that encryption if they receive a valid legal order to do so.

“While key recovery offers convenience, it also carries a risk of unwanted access, so Microsoft believes customers are in the best position to decide… how to manage their keys,” Microsoft spokesperson Charles Chamberlayne reportedly told Forbes. He then went on to add that Microsoft normally gets around 20 similar requests each year.

However, he also notes that Microsoft is only able to give the encryption keys to law enforcement if they are stored on its servers. Windows users who store their BitLocker keys locally are protected, and Microsoft will have no way to access the data even if it is ordered to by law enforcement.

Privacy advocates will, of course, point to the worrying precedent that this now sets. Historically, companies like Apple and Google have rejected calls to give law enforcement access to encrypted data.

But Microsoft’s stance could give them the cover they need to change their minds, and that would be bad for anyone who thinks that encryption protects their data, even if a company like Microsoft has the keys.

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