U.S. appeals court asks why Facebook encryption order should stay sealed

Federal appeals court judges asked prosecutors on Tuesday why a lower court could seal a ruling that absolved Facebook from having to wiretap a criminal suspect using one of the company’s encrypted services. All three members of the 9th U.S. Circuit Court of Appeals reviewing the matter had tough questions for the U.S. Justice Department’s support for secrecy in a rare higher-court examination of the government’s power to compel technical assistance. The hour-long oral arguments came in an attempt by the American Civil Liberties Union to force into view at least the legal reasoning from the lower judge who declined to hold Facebook in contempt of court.