Latest FBI vs Apple News: Three New Developments

[dgstorm]

Here's a brief recap of the three new developments regarding the latest FBI vs. Apple news:

First - Harvard Law professor Susan Crawford explains why the FBI’s position rests on ‘shaky legal ground.’ Here's a detailed quote from BGR on that subject,

"Getting straight to the point, Crawford details why the 1994 Communications Assistance for Law Enforcement Act (CALEA) precludes government agencies like the FBI from telling private companies how to design software.

“CALEA was the subject of intense negotiation — a deal, in other words,” Crawford explains. “The government won an extensive, specific list of wiretapping assistance requirements in connection with digital communications. But in exchange, in Section 1002 of that act, the Feds gave up authority to “require any specific design of equipment, facilities, services, features or system configurations” from any phone manufacturer.”

Consequently, the government, in getting CALEA passed, agreed that digital communications companies do not need to seek clearance “in advance of launching a new device.” Additionally, the government also lost the ability to dictate how manufacturers need to design their products. In other words, the FBI in this particular case has no legal basis to demand Apple create what would effectively be a backdoor into one of its products."

Second - Apple's CEO Tim Cook's transcript in Time magazine shares that the FBI has a mountain of data already available on the San Bernardino shooter without needing to even hack the iPhone. Cook also describes the chain of events that lead up to the FBI escalating things with Apple. It becomes obvious that the FBI screwed up. They also handled the whole process badly, and dumped things onto the media irresponsibly because they wanted broader authority without having to go through the legislative process. Here's the link to that: Time.

Third - A number of high level engineers at Apple have indicated their intention to quit their jobs if the US Government orders Apple to create the "Custom OS-Master Key" for iOS. They even have a nickname for it called "govtOS." This would ultimately put the Feds in the position of forcing Apple to hand over the source code to Apple's iOS (although it seems unlikely that the DoJ will win in court). Here's a good writeup with a few more details: SlashGear.

The issue is only heating up as the countdown to the court fight between Apple and the Department of Justice ticks down to Tuesday, March 22nd.

 

[chevycam94]

Why does it seem that smaller companies are starting to have more power over how things are run than the actual government? I see Apple (and others) just shrugging their shoulders, acting like the government has no power, and companies don't have to listen to anyone.

There has to be a balance, but it looks like Apple wants to be the ones to make all the decision on what THEY think is right or wrong. And I believe we JUST went over this. They wouldn't need to make a "master key" or "backdoor" into their software, just to get access to it. EVERYTHING is hackable, it just takes time, some times longer than others. Its just the amount of effort someone is willing to put into it.

I agree, the FBI wanted to go about it the "lazy" way, but it is also true that Apple could have just unlocked THAT phone, WITHOUT making a master key. BUT, seeing as iPhones have been hacked/unlocked PRIOR to this, and no "master key" currently exists (so says Apple, but that could be a lie too), then there is NO NEED FOR A MASTER KEY NOW!

 

[mountainbikermark]

Why does it seem that smaller companies are starting to have more power over how things are run than the actual government? I see Apple (and others) just shrugging their shoulders, acting like the government has no power, and companies don't have to listen to anyone.

There has to be a balance, but it looks like Apple wants to be the ones to make all the decision on what THEY think is right or wrong. And I believe we JUST went over this. They wouldn't need to make a "master key" or "backdoor" into their software, just to get access to it. EVERYTHING is hackable, it just takes time, some times longer than others. Its just the amount of effort someone is willing to put into it.

I agree, the FBI wanted to go about it the "lazy" way, but it is also true that Apple could have just unlocked THAT phone, WITHOUT making a master key. BUT, seeing as iPhones have been hacked/unlocked PRIOR to this, and no "master key" currently exists (so says Apple, but that could be a lie too), then there is NO NEED FOR A MASTER KEY NOW!

Apple has more cash on hand than many nations, including not long ago, the United States. Cash is king and Benjamins rule.

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[tech_head]

Why does it seem that smaller companies are starting to have more power over how things are run than the actual government? I see Apple (and others) just shrugging their shoulders, acting like the government has no power, and companies don't have to listen to anyone.

There has to be a balance, but it looks like Apple wants to be the ones to make all the decision on what THEY think is right or wrong. And I believe we JUST went over this. They wouldn't need to make a "master key" or "backdoor" into their software, just to get access to it. EVERYTHING is hackable, it just takes time, some times longer than others. Its just the amount of effort someone is willing to put into it.

You don't seem to get it.
Read the article.
Apple would need to create a separate fork of their OS and installer/updater to make this happen.
The US government does not have the authority to conscript a corporation or individual to do whatever it wants.

There is no caselaw that allows this and numerous laws preclude this.

So you are just as wrong as the FBI.

 

[chevycam94]

From a development standpoint, I dont see why they would need to make a new fork. Call it an update, patch, whatever you want, they dont need to write a whole new system from scratch.

 

[tech_head]

It is a fork or branch. This does not go into the main code branch for release. You also need to branch or fork the installer side. Not to mention that installing an OS update on a locked phone isn't standard. This is more than someone adding a couple of lines of code. Oh, add the testing to make sure they don't wipe the device. Also a fork or branch is not from scratch.


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[xeene]

I believe this is a lot bigger then apple vs us government because if Apple bends to our government there are a LOT worse nations that will demand the same service.
Imagine all the American interests that will be put at risk if Russia or China will demand for Apple to unlock some phones.
This one small crazy terrorist isn't worth the geopolitical nightmare it would create.

 

[tech_head]

I believe this is a lot bigger then apple vs us government because if Apple bends to our government there are a LOT worse nations that will demand the same service.
Imagine all the American interests that will be put at risk if Russia or China will demand for Apple to unlock some phones.
This one small crazy terrorist isn't worth the geopolitical nightmare it would create.

I couldn't have said it better.

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[kinfolk248]

Looks like the terrorists won... Think about it...

 

[cr6]

Criminals will ALWAYS find a way around the law. ALWAYS. That doesn't mean I should have to give up MY right to privacy & MY freedoms, just so you can have a false sense of security.

 

[kinfolk248]

Criminals will ALWAYS find a way around the law. ALWAYS. That doesn't mean I should have to give up MY right to privacy & MY freedoms, just so you can have a false sense of security.

But you have speed limits, blood alcohol levels, weed laws, etc...

 

[mountainbikermark]

But you have speed limits, blood alcohol levels, weed laws, etc...

And you have police, judges, lawyers, government departments , etc to enforce those laws. We have a federal legislative branch that is standing back and doing nothing while the alphabet departments are doing what they do, good or bad. They are the ones attempting to set a precedent so congress and the executive branch can just allow the judicial branch to make the laws regarding privacy vs security.
Again, there is a much bigger issue going on than just Apple vs the FBI.

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[kinfolk248]

And you have police, judges, lawyers, government departments , etc to enforce those laws. We have a federal legislative branch that is standing back and doing nothing while the alphabet departments are doing what they do, good or bad. They are the ones attempting to set a precedent so congress and the executive branch can just allow the judicial branch to make the laws regarding privacy vs security.
Again, there is a much bigger issue going on than just Apple vs the FBI.

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That's my point, you're as 'free' as the slogan says...