Josephine Wolff
Cybersecurity Initiative Fellow, 2016
There are聽聽about James Comey鈥檚 sudden firing from his post as FBI director in the midst of investigating ties between Russia and 国产视频 campaign and administration. But even though the circumstances of the firing are deeply troubling, there are still legitimate reasons to criticize Comey鈥檚 legacy. In particular, it鈥檚 a moment to take stock of how badly he misjudged public perception of the FBI鈥檚 use of technology and investigations of cybersecurity incidents鈥攁nd how much that damaged the agency鈥檚 reputation and credibility.
Comey鈥檚 time at the FBI began with a major technological triumph. In June 2014, less than a year after he began as director, the agency聽聽one of its most sophisticated technical operations ever鈥攁n elaborate, multistage聽, a network responsible for spreading a major piece of malware. The takedown, dubbed Operation Tovar, may not have been quite the unparalleled success the FBI made it out to be鈥攖he eventual聽聽of the malware suggested the criminal operation had been damaged but not destroyed. But it was, nonetheless, a significant milestone for the FBI. Operation Tovar showed that the agency could work effectively with private industry partners to reverse-engineer complicated malware. It coupled that technical work with old-school investigation and cleverly targeted court orders to undermine a massive online criminal operation.
The FBI鈥檚 reputation for tackling computer technology has fallen considerably since the days of Operation Tovar鈥攅ven though strengthening law enforcement鈥檚 technological capabilities was a major theme of Comey鈥檚 tenure. His leadership was marked by a series of aggressive efforts to harness technology and publicly demonstrate his agency鈥檚 mastery of it. But due to some major missteps, he leaves behind an FBI with more technical expertise and less technical credibility than ever before.
Operation Tovar was a high point for the FBI鈥檚 technological reputation not just because of what the bureau accomplished but also because of how much information it released about the investigation. In the documents made public after the takedown鈥攚hich included declarations by special agents, court orders, and indictments鈥攖he FBI laid out clearly what it had done and what tools and assistance it had relied on. People who read those documents could appreciate the FBI鈥檚 expertise while the partners they worked with in industry touted the collaboration to others at tech conferences and meetings鈥攖he FBI鈥檚 stock with the tech community had rarely, if ever, been higher.
Compare that with two of the other highest-profile cybersecurity investigations the FBI undertook under Comey鈥檚 leadership: the 2014 breach of Sony Pictures and the 2016 Russian interference in the U.S. elections. In both cases, the FBI made public statements placing blame for cybercrimes squarely on the shoulders of foreign governments while providing minimal evidence for their conclusions and undermining their own technical knowledge.
滨苍听, for instance, the FBI cited similarities between some of the malware used in the breach and other code that the bureau knew to have been developed by North Korea. Comey also stressed that some emails and online posts ostensibly from the responsible 鈥淕uardians of Peace鈥 group originated from North Korean IP addresses.
IP addresses are notoriously easy to forge and manipulate online鈥攖he idea that they could be considered conclusive evidence for determining the identity of an聽attacker is frankly ridiculous. But Comey聽: 鈥淲e could see that IP addresses that were being used to post and to send the emails were coming from IPs that were exclusively used by the North Koreans 鈥 that was a very clear indication of who was doing this.鈥
That doesn鈥檛 mean the FBI was wrong in its attribution, or that it didn鈥檛 have classified conclusive evidence linking the breach to North Korea鈥攂ut the refusal to give any technical detail beyond an聽invocation of suspicious IP addresses made it sound like it was making a very strong claim based on relatively weak evidence. The FBI鈥檚 certainty in attributing the breach to North Korea was all the more striking given its聽聽about the country鈥檚 involvement. To make such an about-face in the course of a month, it must have either discovered some truly damning evidence it didn鈥檛 want to share鈥攐r it decided to give the聽impression聽that it could perform attribution online with absolute confidence.
That same confidence was on display earlier this year, when the FBI, in partnership with the NSA and CIA, released an聽聽of the technical evidence that had led them to conclude (with 鈥渉igh confidence鈥) that Russia had interfered with the 2016 U.S. elections. Making matters worse for the FBI, it turned out that in one of the key incidents referenced in the summary鈥攖he theft and public release of information stored on Democratic National Committee servers鈥攖he FBI had聽聽but instead relied on a third-party firm to collect the evidence for them.
And then there was the FBI-Apple showdown over encryption鈥攁 demonstration of the FBI鈥檚 remarkable, often misguided confidence in its ability to win over the public on technology-related matters. In February 2016, the FBI attempted to leverage the聽聽to help it circumvent the protections on an iPhone belonging to Syed Farook, one of the shooters in the 2015 San Bernardino, California, attack. In initiating a big public fight with Apple over this demand, the FBI presumably believed it had found an indefensible target. How could anyone fight to protect the phone of someone who, before he died, had been a mass murderer?
But the Apple-FBI controversy backfired for the FBI in an extremely public and embarrassing fashion鈥攂reaking into the phone of a dead killer did not strike many people as especially urgent. Moreover, the public quickly put together the fact that the FBI was asking not for a way to get into one particular person鈥檚 iPhone but instead a mechanism that could be used on many, many phones. In a聽, 46 percent of Americans supported Apple, compared with only 35 percent who said they disagreed. (An additional 20 percent said they didn鈥檛 know.)
The FBI vastly underestimated people鈥檚 ability to understand the full technical consequences of what it was demanding or the processes it was attempting to circumvent in making use of the generic All Writs Act powers. It certainly wasn鈥檛 the first time law enforcement agencies, including the FBI, had attempted to fight for easier access to encrypted data. Comey鈥檚 predecessor, Robert Mueller,聽聽that would require tech companies like Apple to provide the FBI with decrypted device contents. But Comey鈥檚 relationship to technology was different. Rather than enter into a long, slow legislative fight, he wanted access to encrypted iPhones immediately and would go after it using whatever tools were at his disposal.
This aggressive approach, like the absolute certainty of his pronouncements on who was responsible for security incidents, cost the FBI considerable credibility. Comey made a big public fuss over the agency鈥檚 inability to access encrypted devices鈥攂ut when the dispute with Apple got hairy, the FBI abandoned it and instead paid a private company to unlock the device for them. He repeatedly gave the impression that the FBI was impatient, occasionally聽, and above all overconfident in its efforts to gather and draw conclusions from digital data.
It was a disheartening decline from the thorough, knowledgeable efforts of Operation Tovar that marked the beginning of his tenure. But the FBI is still more than capable of careful, sophisticated technical work. The next FBI director will have to encourage that work and bring it front and center, in all of its complexity and detail. That will go a way toward reminding the public that the bureau can use computers to do more than just investigate emails.
This article is part of聽, a collaboration among聽,, and聽Slate. Future Tense explores the ways emerging technologies affect society, policy, and culture. To read more,聽聽and sign聽.