Statement of Deputy Assistant Attorney General Jason Weinstein Before the Senate Judiciary Subcommittee on Privacy, Technology and the Law

Good afternoon, Chairman Franken, Ranking Member Coburn, and Members of the Committee. Thank you for this opportunity to testify on behalf of the Department of Justice regarding privacy and mobile devices.

Over the last decade, we have witnessed an explosion of mobile computing technology. From laptops and cell phones to tablets and smart phones, Americans are using more mobile computing devices, more extensively, than ever before. We can bank, shop, conduct business, and socialize remotely with our friends and loved ones instantly, almost anywhere. These devices drive new waves of innovation, personal convenience, and professional resources. They also present increasingly tempting targets for identity thieves, cyberstalkers, and other criminals.

Last month, one study concluded that 64% of American cell phone users were using smart phones. The speed and scale of that growth makes the topic of this hearing particularly timely. As mobile devices penetrate our daily lives, it is appropriate to evaluate the effect that these new devices have on our safety and privacy. We must also ensure that the law provides sufficient resources to investigators and prosecutors who investigate and prevent crimes against Americans who increasingly conduct their lives using this new medium. I thank the committee for giving me the opportunity to address these issues.

Prosecuting Cybercriminals and Identity Thieves
One of the Department of Justice’s core missions is protecting the privacy of Americans and prosecuting criminals who violate that privacy. Americans today face a wide range of threats to their privacy, including risks from using mobile devices. Foreign and domestic actors of all types, including cyber criminals, routinely and unlawfully access data that most people would regard as highly personal and private. Unlike the government—which must comply with the Constitution and laws of the United States and is accountable to Congress, courts, and ultimately the people—malicious cyber actors do not respect our laws or our privacy. The government has an obligation to prevent, disrupt, and deter such intrusions.

Every day, criminals hunt for our personal and financial data so that they can use it to commit fraud or sell it to other criminals. The technology revolution has facilitated these activities, making available a wide array of new methods that identity thieves can use to access and exploit the personal information of others. Skilled hackers have perpetrated large-scale data breaches that left hundreds of thousands—and in many cases, tens of millions—of individuals at risk of identity theft. Today’s criminals can remotely access the computer systems of government agencies, universities, merchants, financial institutions, credit card companies, and data processors to steal large volumes of personal information—including personal financial information. As Americans accomplish more and more of their day-to-day tasks using smart phones and other mobile devices, criminals will increasingly target these platforms.