Question of the Day

Should federal judges be in the business of forcing private companies to invent things to destroy the security of their product and help them with their investigations?

From AP, yes, they still exist.

NEW YORK (AP) — Faced with a federal judge’s order to help investigators break into an iPhone used by one of the San Bernardino, California, shooters, Apple may well argue that the request places an unreasonable burden on the company.

In fact, experts say that complying with the government’s request wouldn’t be particularly challenging for Apple. But doing so might set a dangerous precedent that could threaten the data security of the millions of iPhone users around the world.

The phone in question was used by Syed Farook, who along with his wife, Tashfeen Malik, killed 14 people in a December attack. Investigators don’t know if the phone contains important evidence about the attack or the couple’s communications — and because its contents are encrypted, they won’t unless they can get the passcode to unlock it. The phone was issued by Farook’s employer, the county of San Bernardino.

Investigators can’t just try random passcodes until they hit on the right one, either. The phone has apparently enabled an Apple security feature — a sort of self-destruct option that would render the phone’s data unreadable after 10 incorrect passcode attempts.

The judge’s order requires Apple to create a unique software package — one Apple CEO Tim Cook described as “a new version of the iPhone operating system” — that would allow investigators to bypass the self-destruct system. The same software would also let the government enter passcodes electronically, eliminating both the tedium of manual entry and the enforced delays the iPhone system imposes after a few wrong guesses.

Apple opposes the order, arguing that such software would amount to a security “backdoor” that would ultimately make iPhone users across the globe more vulnerable to information or identity theft. Both the ACLU and the Electronic Frontier Foundation have pledged to support Apple, saying that the government’s request endangers security and privacy.

From a technical perspective, making such software shouldn’t be difficult for Apple, experts say. But once created, it would be nearly impossible to contain, says Ajay Arora, CEO and co-founder of Vera, a startup that provides companies with encryption services.

“Imagine if that got into the wrong hands,” he says. “What they’re asking for is a God key — and once you get that, there’s no going back.”

The demands being made of Apple border on the bizarre, says Lee Tien, a staff attorney for the Electronic Frontier Foundation, a digital rights group. “Asking a technology company to make its security less secure is a crazy, stupid thing to do,” he says. “It’s like asking water not to be wet.”

The government’s best bet may be to argue that its request doesn’t actually create a backdoor, even if that’s how Apple characterizes the request, says Robert Cattanach, a former Justice Department attorney. But Apple is probably right to worry that a government win in this case will lead to broader requests down the road.

“If the court rules in favor of the government, then I think the stage has been set for the next step, which is, ‘Thanks for removing the auto-wipe. Now you need to help us defeat the code’,” Cattanach says. “If you’re the government, you’re going to ask for that.”

__

AP Technology Writers Brandon Bailey and Michael Liedtke in San Francisco contributed to this report.

Author: Back in PA Mike

Crotchety middle aged man with a hot younger wife dead set on saving this Country.

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16 Comments
pablo
pablo
February 18, 2016 9:46 am

OK.

This is our govt. at work, attempting to destroy privacy, using this case to set the precedents.

I won’t go into how stupid the folks in our govt. are, we already know it.

The fact is:
They already know everything that is on this iphone. Apple designed it’s Operating System to only allow data to come in from the web. There are no easy ways to load data into the iphone, without having an internet connection, there is no “usb port” or SD card slot that would allow users to easily load data into the phone and use it as a secure data storage device as the govt. claims.

So, by default, since the govt. and the internet service providers already have a tap on all internet data, (per NSA and snowden) and they know who’s IP address downloaded what, they already know what information is on this, or any other phone.

Yes you could manually type some things in there, but, is this really what the govt. wants?

This is going to be the ultimate test of the 4th amendment, and I pray Apple does not cave in.

It is also the exact path the govt. uses to incrementally destroy our way of life, by chipping away and setting legal precedents that will allow them to “legally” search you, without a warrant.

One last thing, didn’t these phones get smashed and were found in a dumpster?
so, how do they know the data has not already been wiped, or destroyed?

This case is not about the data or the criminal case, it is about destroying your right to privacy.

rhs jr
rhs jr
February 18, 2016 9:55 am

The MFs-1 shouldn’t have allowed the MFs-2 into America and it was so MFs-2 would kill Americans and MFs-1 could make more oppressive laws. F all the MFs and their Agendas. Vote Trump.

Tommy
Tommy
February 18, 2016 9:57 am

Off topic, but it hit me with surprisingly sharply – here is the comment to one of Z/H better commenters about both a topic and the gallery’s reaction to it.

Dr. Engali
Dr. Engali’s picture

The NSA doesn’t give a crap about us. They have us firmly ensconced in the matrix. As long as we have our little outlet here to mock and bitch about the system we’re harmless. The Hedge has been absorbed into the matrix and become a system of control just like everything else.

ragman
ragman
February 18, 2016 9:58 am

No! Read Denninger today. He tears the govt a new ass, as he always does. rhs: Trump said Apple should do this for the FBI.

Anonymous
Anonymous
February 18, 2016 10:13 am

My question in answer:

What part of the Constitution gives them the power to do this?

rhs jr
rhs jr
February 18, 2016 10:32 am

Ragman, Thanks..Just damn; guess that falls in the category of abortion, planned parenthood, and homosex which Trump probable won’t do anything about either. At least he still wants to attack the Immigration Treason. It’s not going to be a smooth ride for US; hold your nose and vote.

card802
card802
February 18, 2016 11:11 am

Federal judges can order, but the company does not have to comply.

That being said, never bet against the house or a dumbed down population, Apple will cave, the house always wins.

ragman
ragman
February 18, 2016 11:13 am

rjs: immigration is the ONLY issue in 2016. If it’s not stopped and reversed, all of it legal and illegal, nothing else will matter in a few years. Always enjoy your comments!

Back in PA Mike
Back in PA Mike
February 18, 2016 11:58 am

Anon, they’re not even arguing constitutionality, the way it was presented on TV this morning is that Apple needs to cave to “protect” us from the dead guy. To paraphrase the NSA bozo on TV, these are extraordinary times and they call for extraordinary measures. Our safety is more important than our freedom.

God Bless the Apple rep, they asked if it could save 100,000 live would she do it, her full answer, and I quote: “No.” Also, she pointed out that privacy and safety go hand in hand, you don’t give up one for the other. That really acknowledged who the real enemy in the room is.

Stucky
Stucky
February 18, 2016 12:04 pm

What’s the big deal?

That’s the essence of government —- TELLING YOU WHAT TO DO. Ten thousand criminal laws on the books, and growing. A gazillion laws about commerce; what you can make, can’t make, who you sell to or not, how you will make it safe, the taxes you must pay to make it …. and on and on and on.

Hot off the presses ……….. now the lawmaker cunts&dicks are going after that massive criminal cartel ……….. folks who make SOAP at home!!

=======================================================

People who are trying to do good for their families and the planet by living a simple life based on traditional skills are facing yet another assault. Artisanal soap makers say new regulations, proposed by Senator Dianne Cunt Feinstein (D-California) and Senator Susan Cunt Collins (R-Maine), will put them out of business.

The view of Sen. Feinstein and her corporate backers is that the Personal Care Products Safety Act (Senate Bill S.1014) will make the world a safer place by scrutinizing “everything from shampoo and hair dye to deodorant and lotion.”

Firmly backing the bill? —> Johnson & Johnson, Procter & Gamble, Revlon, Esteee Lauder, Unilever, and L’Oreeal.

Lawmakers want FDA to crack down on soap makers

Overthecliff
Overthecliff
February 18, 2016 12:10 pm

Trust people TRUST. Remember the government has civil servants like Lois Lerner looking out for you.

but he will leave open the door of the car
but he will leave open the door of the car
February 18, 2016 12:50 pm

Just say No, and you can’t make me, if they balk, say you will access the phone IN HOUSE and copy down on Paper the relevant contents and black out everything else, just like they do on FOIA docs, and remind them next time THEY need help you will remember their prior “attitude”..

harry p
harry p
February 18, 2016 1:10 pm

Of course they can and likely will. If a company refuses to comply then their license will be pulled or the IRS will go after them.

I’m sure there is something about this in the Commerce Clause…

Westcoaster
Westcoaster
February 18, 2016 3:41 pm

Karl Denninger nailed the Apple vs Feds issue this morning and I agree: Reality With Apple and The FBI

http://market-ticker.org/akcs-www?post=231127

Anonymous
Anonymous
February 18, 2016 4:36 pm

harry p,

I suppose if they can order a Christian baker to start making a new product he hasn’t produced before, in this case homosexual wedding cakes, they can order anyone or any business to do, make, or cease to make anything they want without restriction.

Not that they have any authority to do so other than lots and lots of government gun goons behind them to enforce their edicts.