chief galati: yes.ot of the apps being used today, even with legal process or coverage on the phone, you cannot intercept those conversations. , and ine hear criminals terrorism cases that we do, people encouraging participants to go to apps like telegram, what's app, and so on. >> her testimony was moving about the case that you described involved with murder and victimizing children. aboutebate has often been taking sides, the most notable being apple versus the fbi. either you support law enforcement or the tech community. that feels like a loser's proposition. i understand people want encrypted technology, but based upon the responses that you ess and thems. h chief, do you think this is an them debate question mark what you think question like you on the frontline dealing with these -- dealing with these cases. we are dealing with default encryption that cannot be turned off. example that i gave you was that after 2 prior convictions, he learned that he needed to do something to protect himself bet

we also want to welcome chief thomas galati from the new york city police department.chief galati is a 32 year old -- a 32 year veteran of the new york city police department and serves as chief of intelligence. as chief of intelligence he is responsible for the activities of the intelligence bureau, the western hemisphere's largest invisible law enforcement intelligence operation. thank you for your test was today and we look forward to your comment. finally, for the first that we welcome captain charles cohen come indiana state police, currently the command of the office of intelligence and investigative technologies where he is responsible for the cybercrime electronic surveillance and internet crimes against children. we appreciate his time today and once again thank all the witnesses for being here. sheriff ron hickman of the harris county sheriff's office unfortunately will not be joining us today due to the tragic flooding yesterday in the houston area. our prayers and thoughts do with the folks of houston. there have been several tragedies of there. we all wish

hess, now captain galati? >> thank you. on behalf of mayor and police commissioner and myself, thanks for the opportunity to speak with you this morning. years ago criminals and their accomplices stored that information in close either, drawers, safes and glove boxes there was and continues to be an expectation of privacy, but the high burden imposed by the fourth amendment, which requires lawful search by warranted and authorized by a neutral judge has been deemed -- against roam search and seer injures. now it seems that that legal authority is struggling to catch up with the times. because today, nearly everyone lives their life on a smartphone, so evidenced that once would be stored in a file cabinet is now archived. the same exact information that would solved a murder, catch a rapist or prevent a mass shooting is now stored in that device. where law enforcement has legal access to the file cabinet, it is shut out of the phone. now because of the constraints built into the law, about you rather limits imposed by techno

and chief galati or captain cohen, do you have anything to add to what was shared here by ms. hess? >> in preparing for the testimony, i saw several news stories that said that apple provided a source code for ios to china as an example. i don't know whether those stories are true or not. i also tried to find an example of apple answering a question under oath and did not find that. i noted that apple said they did not provide a back door to china but did not talk with the source code. the source code for the operating system would be the first thing that would be needed to hack into an iphone, as an example. and i know that they have not provided that source code to u.s. law enforcement. >> thank you. thank you. my time is exhausted, so -- >> yield back. thank you. mr. hudson, you're recognized for five minutes. >> thank you, chairman. thank you to the panel for being here today. thank you for what you do to keep us safe. ms. hess, as our lives become more of the digital universe, medical records, security systems, the need for strong security becomes more important. at the same ti

welcome, chief galati. at its core, our constitution is about the balance of power. it's about balancing power among the federal government, state government and the rights of individuals. through the years, getting that balance just right has been challenging, and at times, tension-filled, but we have done it, we have prevailed. the encryption versus privacy rights issue is simply another opportunity for us to again recalibrate and fine tune the balance in our democracy. and as the old cliche states, democracy is not a spectator sport. so it's time for all of us to participate. it's time to roll up our sleeves and work together to resolve this issue as an imperative because it's not going away. so i'm glad that we are having this hearing today because i do believe that working together we can find a way to balance our concerns and to address this issue of physical security with our rights to private security. so i look forward to hearing the perspectives of our witnesses today and i yield back the remainder of the time. thank you, mr. chairman. >> thank you. yields