The confirmation that Microsoft handed over BitLocker keys to the FBI for three Windows laptops is being compared to Apple's resistance to the same agency in 2015. However, the comparison isn't really fair, and there's a simple way for Windows users to ensure their encrypted data remains secure.
See also: When will Tim Cook step down as Apple CEO?
The mass shooting of 14 people in San Bernardino in December 2015 led the FBI to try to access what it described as “relevant and critical data” on the locked iPhone of one of the perpetrators. The agency asked Apple for help in unlocking the phone.
The only way Apple could comply in this case was to break the strong encryption used by the Secure Enclave to protect access to iPhones. Because that would have compromised all iPhones, not just this one, the company refused.
The case led to a highly publicized battle between the iPhone maker and federal law enforcement. Apple was ultimately vindicated when it was shown that there were other actions the FBI could have taken without jeopardizing the safety of all iPhone users.
There was a brief rerun of the battle in a subsequent attack in Pensacola. Again, Apple stood firm, and again the FBI was able to use other methods to gain access to the data.
Both Macs and Windows laptops use strong encryption to protect the data stored on them. In the case of Windows, the encryption system is known as BitLocker.
Microsoft recently confirmed reports that it had handed over to the FBI the BitLocker keys for three laptops that the agency had seized as part of a fraud investigation. Some are comparing this to Apple's stance, claiming that Microsoft has backed down.
The FBI went to Microsoft last year with a warrant, demanding that it hand over the keys to unlock encrypted data stored on three laptops as part of an investigation into possible fraud involving the COVID unemployment assistance program in Guam — and Microsoft complied.
See also: Apple to EU: 'Political Delay Tactics' regarding App Store Changes
Typically, companies resist handing over encryption keys to authorities. Apple refused to give the FBI access to a phone used by the San Bernardino shooters in 2016. The FBI eventually found a third party to hack the phone, but ultimately dropped its case.
However, this is not fair. Microsoft was able to hand over the keys because the affected users had chosen to store a copy on Microsoft's cloud service. This uses weak rather than strong encryption so that the company can access the keys. This is a deliberate move so that it can help customers regain access to their laptops if they lose their password.
Anyone who doesn't want Microsoft to have this access can choose not to store a copy of the keys online.
Over the years, Apple has gradually implemented end-to-end encryption on a growing number of categories of iCloud data. This means that for these categories, the company has no way to provide access.
Apple last year gave users the option to enable strong encryption for all their iCloud data using a feature called Advanced Data Protection (ADP). This isn't enabled by default precisely because it would leave the company unable to help users who have lost their passwords, potentially losing access to years of photos and other valuable data.
Indeed, very few users even knew about ADP until the British government inadvertently gave it global publicity. Apple took full advantage of this.
See also: Apple is developing an AirTag-sized AI Pin with dual cameras
However, if you haven't chosen to enable ADP, then Apple still has access to some of your iCloud data and will continue to hand it over to law enforcement when required to do so by law. Both Apple and Microsoft ultimately leave the choice up to users.
