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Apple Refuses To Unlock Bequeathed iPad

mrspoonsi writes "A man whose mother bequeathed her iPad to her family in her will says Apple's security rules are too restrictive. Since her death, they have been unable to unlock the device, despite providing Apple with copies of her will, death certificate and solicitor's letter. After her death, they discovered they did not know her Apple ID and password, but were asked to provide written consent for the device to be unlocked. Mr Grant said: 'We obviously couldn't get written permission because mum had died. So my brother has been back and forth with Apple, they're asking for some kind of proof that he can have the iPad. We've provided the death certificate, will and solicitor's letter but it wasn't enough. They've now asked for a court order to prove that mum was the owner of the iPad and the iTunes account.'"

303 of 465 comments (clear)

  1. Just hack it but what are the laws like UK over th by Joe_Dragon · · Score: 1

    Just hack it but what are the laws like UK over that??

  2. They're stalling by Lisias · · Score: 5, Insightful

    Apple will do whatever it will takes to demove the family from getting the account access for the following reaons:

    1) They want *new* account to inflate the user base.

    2) By stalling the request increases the chance that the family decides it's not worth the pain.

    3) They don't want to deal with similar cases in the future - there's no money on it. So it's important to them to avoid precedences.

    Welcome to this brave new world, where companies decides what you own and the rights you have on it.

    --
    Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    1. Re:They're stalling by jkrise · · Score: 5, Funny

      Actually they should ask the sons to get written permission from Steve Jobs before unlocking. All Apple products belong to Jobs and Jobs alone.

      --
      If you keep throwing chairs, one day you'll break windows....
    2. Re:They're stalling by Anonymous Coward · · Score: 1, Insightful

      Cut the anti-capitalist crap. The device is keeping their late mother's data secure, as it was designed to do, and demanded by customers. Everything is working exactly as it should; don't be so butthurt and entitled when it's inconvenient. This is how you want[ed] it.

    3. Re:They're stalling by DarwinSurvivor · · Score: 2

      They don't need to remote-unlock it, just do a fucking password reset. It should take them all of 30 seconds once they've received the legal papers.

    4. Re:They're stalling by Paradise+Pete · · Score: 5, Interesting

      This is why I don't own any Apple products, no respect for users.

      Seems like they are showing the utmost respect for the owner. It contains private data. If she had wanted to be sure the family got the device and the data she'd have included the password. Most likely she "bequeathed" it because the relatives got everything she owned, not that the device was mentioned specifically.

    5. Re:They're stalling by Lisias · · Score: 2

      Apple has not received the legal papers, ergo they can't do anything about this.

      From the TFA: "Since her death, they have been unable to unlock the device, despite providing Apple with copies of her will, death certificate and solicitor's letter."

      Legal papers was sent. Apple then requested for a court order.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    6. Re:They're stalling by Lisias · · Score: 2

      The only locksmithing company that can open the lock, won't do it without a court order to do so, so that the mothers' belongings end up going to the actual heirs instead of a klepto who managed to arrive at the locksmith first by virtue of not having to stop at the local magistrate on the way..

      This is not who things works in real life.

      Do you homework. Ask a lawyer friend of yours how to you would gain access to your parent's bank account when the last of them became to pass away.

      Of course you must *prove* you have the right to do so, but it's not feasible to have a court order for each property/right/whatever they leave to you by will (or by default).

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    7. Re:They're stalling by jedidiah · · Score: 1

      > Cut the anti-capitalist crap.

      Great. So now if you dare to criticize the almighty corporations you are an "anti-capitalist". Just great.

      You should reserve yourself a space in Cooks servants quarters. Get a jump on this new guilded age you're trying to build for the rest of us.

      --
      A Pirate and a Puritan look the same on a balance sheet.
    8. Re:They're stalling by technomom · · Score: 1

      Does Apple have anything like Google's Inactive Account Manager?

    9. Re:They're stalling by BasilBrush · · Score: 4, Insightful

      The papers show who are the rightful inheritors of the estate, including the iPad hardware. That much is certain.

      The question of where that leaves information that is held on iCloud and/or encrypted on a device with a password is unclear. It appears she left neither the password nor specific instructions. She might have wanted the family to have access to this data after her death, but then again she might not.

      After all, if you wanted your secrets to die with you, you'd probably keep them on a device in an encrypted/password protected form.

      Seems like Apple wants a court to make that decision. Which doesn't seem like a bad thing.

    10. Re:They're stalling by Lisias · · Score: 1

      What is not a problem with a vast, unexplored and willing market share exists.

      Someday the market will be saturated with Pads (as it's with PCs nowadays), but until there, Apple can do whatever they wants with no serious consequences.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    11. Re:They're stalling by Lisias · · Score: 1

      The papers show who are the rightful inheritors of the estate, including the iPad hardware. That much is certain.

      The question of where that leaves information that is held on iCloud and/or encrypted on a device with a password is unclear. It appears she left neither the password nor specific instructions. She might have wanted the family to have access to this data after her death, but then again she might not.

      After all, if you wanted your secrets to die with you, you'd probably keep them on a device in an encrypted/password protected form.

      Seems like Apple wants a court to make that decision. Which doesn't seem like a bad thing.

      I see your point. However, I don't see how law would enforce this.

      The individual has died, and all his/her possessions now belongs to his/her heirs - it's their property now.

      There's something in the will that states that such data must be destroyed? If yes, it's ok to me. If not, Apple is just stalling and preventing the righteous owners of the data to access it.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    12. Re:They're stalling by jo_ham · · Score: 5, Informative

      Does it take effort to be that stupid?

      They're asking for a standard court order based on English law that the documents presented are genuine and that the iPad actually belonged to that dead person.

      This is really, really, really standard stuff. The only reason it's turned into a big deal is because it's Apple. After the big kefuffle last year or so when that reporter lost his data because someone social engineered their way into his Apple ID and Apple took (deserved) serious heat for it, they seriously tightened up their security procedures.

    13. Re:They're stalling by gnasher719 · · Score: 1

      They don't need to remote-unlock it, just do a fucking password reset. It should take them all of 30 seconds once they've received the legal papers.

      This is an anti-theft device that is supposed to stop the cleverest thieves from using your iPad, so I doubt it is a matter of 30 seconds. Two possibilities at the extreme range, since the ability to unlock such a device must never, ever fall into the hands of criminals: 1. Apple cannot even unlock the device, but "unlocks" it by replacing it with a refurbished device, eating the cost. 2. Apple can only unlock the device in a cellar in Cupertino with a dozen locks and no internet connection.

    14. Re:They're stalling by Lisias · · Score: 1

      How is it not feasible? It exactly what I did when my dad died. Yes, it was a pain in the ass, but it was my responsibility as executor to make it happen. You can list everything on one order, so if you do it right it really only takes one court order.

      What you call "not feasible" is the correct legal way to handle things. The solicitor here shouldn't be paid for all the extra time this is taking.

      Well... At least here, when someone dies and his/her heirs get their hands on the properties, there's no court order needed - just the paperwork issued by the legal register office stating what belongs to who and that's it. A court order is needed when there's dispute between the heirs.

      I don't remember how bank accounts are managed - the only case I remember where a bank acount was involved was a dispute. Messy business, I say.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    15. Re:They're stalling by shilly · · Score: 1

      Given your grasp of grammar is as shaky as your grasp of logic, I think the answer is pretty clear: for you, stupidity just comes naturally.

    16. Re:They're stalling by Lisias · · Score: 1

      Being a jerk, you even didn't wasted you precious time doing minimal research on the matter, did you? :-)

      Here, inform youself:

      Giving unauthorised access to someone other than the account holder, the company [Facebook] said, was against its privacy policy.

      The Rashes, who live in Virginia, tried to fight their case in court, but soon found there just wasn't any legislation that covered the management of "digital assets".

      The family's tragic battle is just one of many examples in which the internet has been shown to be woefully unprepared for dealing with death.

      Source: http://www.bbc.com/news/technology-24380211

      UK Laws doesn't apply to USA companies. Apple Computer is a USA company.

      I don't know if Apple Cloud Services has offices on UK (the only situation I know that UK Laws would be enforceable), but as it appears, they have not.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    17. Re:They're stalling by Lisias · · Score: 1

      for you, stupidity just comes naturally.

      You're right, as you insist in replying to me. Naturally. :-)

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    18. Re:They're stalling by jo_ham · · Score: 1

      UK Laws doesn't apply to USA companies. Apple Computer is a USA company.

      ahahahahahahahahahahahahahahahahaa. Ahhahahahahahahaha!

      Precious!

    19. Re:They're stalling by Lisias · · Score: 1

      "Authenticated" copies of legal documents (and a will and death certificate are legal documents) are considered to have the same... how we say in english? Legal Power? ... whatever... as the originals.

      Send them by snail mail (together with any legal document copy that states you have right over the matter), with proof of delivery (so you can prove they received it).and they *SHOULD* grant you the access you requested - otherwise, they're stalling you and are subject to legal penalties.

      Of course, this is applicable to "normal", "real life" things. By some reason, people things that anything "virtual" is beyond the present legislation - even when present legislation money and contracts are involved. Go figure it out.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    20. Re:They're stalling by Lisias · · Score: 1

      I don't know about there, but here, to "Authenticate" a copy of some legal document it's enough to bring the original to the Legal Register Office and ask them to copy *and* certificate that their copy is faithful to the original.

      It's up to the Legal Register Office to verify the document's authenticity, as they're responsible in cause of fraud.

      And it's not an expensive action. 1/90 of the minimum monthly wage around here. But it's kind of a pain in the ass, as you have to leave work to go there.

      Of course, I could go to the Court in order to force someone to give back what's mine. And guess what? The bastard will have to pay the legal fees if I won.

      And that's is the stalling step on Apple. There's other legal ways to prove ownership. You don't need a Court Order to get what's yours, unless there's a dispute. And when a dispute, the loosing part should pay the bills.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    21. Re:They're stalling by shilly · · Score: 1

      "insist on"

      And you've written a non sequitur.

    22. Re:They're stalling by DarwinSurvivor · · Score: 1

      The fact that you think Apple cares that much about your iPad getting stolen, forcing you to buy a new one, is hilarious.

    23. Re:They're stalling by Lisias · · Score: 1

      thanks for the correction. And for proving it that its not a non sequitur.

      Some of the stupider people on the world excels on grammars, did you know? They're fascinated to rules, and some of them choose grammars.

      --
      Lisias@Earth.SolarSystem.OrionArm.MilkyWay.Local.Virgo.Universe.org
    24. Re:They're stalling by jo_ham · · Score: 1

      I suggest you look up probate law. Like I said, this is not an uncommon situation, it's simply become a story because it involves an iPad.

  3. Disguisting! by fuzzyfuzzyfungus · · Score: 3, Insightful

    How dare that consumer act as though Apple's intellectual property was something she could just 'bequeath' because she's all dead or some sentimental rubbish? She should be grateful that they deigned to permit her a limited license!

    1. Re:Disguisting! by immaterial · · Score: 4, Interesting

      It's not Apple's property that is being protected by this dead lady's password - it's the dead lady's device, data, and property. The whole issue wouldn't exist if she'd thought to pass along the keys with her property; unfortunately she didn't. The manufacturer can give the family a new set of keys, but requires evidence of ownership from a court of law before handing them over. Do you really want companies to hand over the keys to YOUR data and devices to someone else WITHOUT a court order?

    2. Re:Disguisting! by Confusador · · Score: 2

      Yes, I do expect them to honor the provisions of my will.

    3. Re:Disguisting! by UnknowingFool · · Score: 1

      A building's provenance is generally more clear as the owner is registered somewhere. If you have an iPad, I can claim it as mine when my grandma died and so Apple has to unlock it without any proof that the iPad was really my grandmas'?

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    4. Re:Disguisting! by stdarg · · Score: 1

      I don't have an iPad (or a tablet of any kind) so maybe I'm not understanding this.. does Apple really not know who the device and/or user account belongs to? Surely Apple products have some kind of user system, and when you create your user account you reveal your name and probably address, and if the person ever bought anything there's a credit card linked to it as well... no?

      I have an Android phone and I'm virtually certain that Google could tie my name and address to this bit of hardware.

    5. Re:Disguisting! by UnknowingFool · · Score: 2

      I don't have an iPad (or a tablet of any kind) so maybe I'm not understanding this.. does Apple really not know who the device and/or user account belongs to?

      Apple knows whose Apple ID the device is locked to. The children do not have the Apple ID or password.

      Surely Apple products have some kind of user system, and when you create your user account you reveal your name and probably address, and if the person ever bought anything there's a credit card linked to it as well... no?

      Only if someone provides such information to Apple. An AppleID does not require an address or credit card. Only an email address. As for purchasing, remember that iPads are given as gifts. Even if Apple could track down who sold the device and to whom it was sold, they still can't sure who the owner is.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    6. Re:Disguisting! by LongearedBat · · Score: 1

      Actually, yes. Death is kinda... terminal. One will never need/want/use/reclaim that data or those devices ever again. As in: never ever!

      Much better that my family get what was mine (it'll then actually be theirs due to inheritance) then them having to pay lawyers to prove that they are my inheritors and that I'm actually dead.

    7. Re:Disguisting! by BasilBrush · · Score: 4, Informative

      Unfortunately it's an open question as to whether information held in accounts under password are part of an estate or not.

      http://blogs.wsj.com/law/2012/...

      If she didn't explicitly mention it in her will, and the Apple's security terms of service don't otherwise allow it, it seems quite reasonable for Apple to defer the decision to a court of law.

      The possibility that she held the information under a password because she wanted it to go to the grave with her needs exploring.

    8. Re:Disguisting! by BasilBrush · · Score: 1

      Are you saying that information is property? Intellectual property? Does that mean that there is such a thing as software theft?

    9. Re:Disguisting! by DutchUncle · · Score: 1

      I once drove my father, an attorney for an insurance company, to a suburban house whose owner had recently died. He joined the family, and their counsel, and two town policemen, and a town representative, in witnessing a locksmith open the door which - to their surprise - the family's spare set of keys hadn't opened. Yes, there was a court order; yes, this is such a normal circumstance, with such normal procedure, that it had been done in a matter of days. The best we can hope for is that this kind of procedure becomes normal as well.

  4. Maybe mum bequeathed the device... by kylemonger · · Score: 4, Insightful

    ... but didn't bequeath all her pr0n. The family could take ownership of the device by just wiping it. The stuff downloaded onto it is a different matter, and I think Apple is doing right by not unlocking it.

    1. Re:Maybe mum bequeathed the device... by Anonymous Coward · · Score: 5, Insightful

      This isn't true at all.

      From TFA: "In her will she indicated that her estate was to be split between her five boys". This was probably by way of an ordinary residuary gift clause such as 'I give, devise and bequeth the rest and residue of my estate wheresoever situate equally as tenants in common to those of my five children named A, B, C, D, and Timmy who survive me.'

      By such a clause, the whole of the estate not specifically given to someone else earlier in the will goes to the five children; this would include the pr0n on the device. As to the distribution between the sons (from TFA there is agreement that only the one son will get the whole of the ipad), this is not improper and not uncommon when distributing items of property because, in essence, you can't really split an ipad or a chair or a bible or a painting of jesus riding a dinosaur five ways. (at the very least, you can't physically split them five ways and expect them to keep their - sentimental or monetary - value).

      Further, I don't really understand the issue here. From the time of death, the executor of a deceased estate (as a general rule) has all the functions and powers necessary to deal with the assets forming the estate in effect as though they were the deceased. This includes, for example, carrying on (with some exceptions) court proceedings or carrying on the deceased's business.

      I can't see any reason why Apple should not accept a letter from the executor (or an executor if there is more than one) authorising them to deal with the account as though that letter had been sent by the deceased herself. It seems to me that it would be open to the executors to commence proceedings seeking declarations from a Court with jurisdiction to that effect and, if Apple were my clients, I would be advising them to be very carefully consider their basis for defending those proceedings.

      -AC Lawyer.

      P.S. I'd spell and grammar check this but I'm AC ;)

    2. Re:Maybe mum bequeathed the device... by vandelais · · Score: 5, Informative

      AC lawyer--you should know better.

      I RTFA. The kids don't have proof of executorship.
      A will doesn't cut it.

      Certified Death Certificate=proof of death.
      Solicitor's letter=a letter from an attorney that uses fancypants words like herewith and forthwith
      Copy of will=copy of an unexecuted will, of which there may be several copies drafted and amended over the years to perhaps bequeath the rights or property to someone else. This is why people come out of the woodwork with multiple wills or the courts settle the matter when there is a dispute. Waiting periods often apply. Sometimes the equivalent of a cocktail napkin is sufficient evidence to decide these matters, but the matter about always necessitates a document bearing the raised seal of a probate court or affidavit drafted by a lawyer or a Suze Orman CDROM which includes the statutory language.

      What the children don't have is a document proving that the will was entered into probate, or statutory substitute thereof.--often a property-specific court order. It works the same in the U.K. as it does the states (it gets weird with Louisiana, though).

      The children either want to avoid full probate because of the expense or need to get a new attorney familiar with whatever the affidavit of small estate alternative process is for their jurisdiction. They can tell the 'false economy' story to folks who don't understand civil law and get the media and the blogosphere to believe them.

      --
      Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
    3. Re:Maybe mum bequeathed the device... by u38cg · · Score: 3, Insightful

      No, you're talking nonsense. TFA doesn't mention whether probate has been granted but in the UK only the smallest of estates do not require probate and usually banks require a grant anyway to administer accounts. Once probate has been granted there is no reason for anyone not to follow the executor's instructions, and a solicitor's letter stating a grant has been given should be sufficient. This is simply Apple being dicks to try and discourage people from doing this.

      --
      [FUCK BETA]
    4. Re:Maybe mum bequeathed the device... by messymerry · · Score: 1

      Start your own firm: AC Law... No, really, thanks for those insightful comments... ;-D

      --
      Dear Microlimp: I give you 2 valid product keys for win7 and you reject both of them. Piss off you wankers!!!
    5. Re:Maybe mum bequeathed the device... by wv5k · · Score: 1

      What I wouldn't give for mod points today. Preach on Vandelais, preach on...

  5. Why do they need to unlock it? by Mr.+Sketch · · Score: 5, Informative

    Did she bequeath the iPad or the apps/data on the iPad and the iTunes account to go with it? I'm pretty sure that even if the device is locked, that you can still do a factory reset on it and then have access to the iPad. Granted you would lose all the apps and data on the device, but you would still have the device to use as you wish.

    If she bequeathed the iTunes account, then the account email and password should have been in the will or related documents, if not, then it's reasonable to assume she just left the hardware which you can reset and then have full use of.

    1. Re:Why do they need to unlock it? by puto · · Score: 3, Interesting

      That is like saying my mother passed and while she bequeathed me her possessions she didnt explicitly say what I was left in her safety deposit box, so I only get the box and the bank gets the rest. Even if they do reset it that IPAD is going to be linked to their mothers .me/Icloud account and and so any imessages or Apple specific services that the heirs want to use, will be linked to their mothers account, and therefore not usable. Because unless it is removed from the moms account, they cannot link it with their own. So, they cannot have full use of it without access to the account/device.

      --
      The Revolution Will Not Be Televised
    2. Re:Why do they need to unlock it? by AuMatar · · Score: 5, Insightful

      Unless she gave it away elsewhere, her family owns all of her former property. It doesn't matter if she explicitly gave it to them or not, so long as she didn't explicitly give it elsewhere.

      --
      I still have more fans than freaks. WTF is wrong with you people?
    3. Re:Why do they need to unlock it? by meerling · · Score: 1

      Most people, especially those that aren't as tech adept as us, would consider those one and the same, so bequeathing the ipad to someone automatically includes all the apps and data on it, needed by it, or associated with it.

    4. Re:Why do they need to unlock it? by LMariachi · · Score: 1

      Analogy fail: Your mother didn't own any safety deposit box. She owned the contents and rented the box from the bank it is stored in.

      It's not too hard to imagine someone leaving, say, a piece of antique furniture but not the diaries stored inside.

    5. Re:Why do they need to unlock it? by puto · · Score: 1

      I agree with the analogy fail, but if the Ipad is not removed from the mothers account, reset or not, then it is useless even if it is reset, because without being removed they cannot link it to another account to buy apps/content/ or use all of Apples whizbang features.

      --
      The Revolution Will Not Be Televised
    6. Re:Why do they need to unlock it? by tlhIngan · · Score: 5, Insightful

      Did she bequeath the iPad or the apps/data on the iPad and the iTunes account to go with it? I'm pretty sure that even if the device is locked, that you can still do a factory reset on it and then have access to the iPad. Granted you would lose all the apps and data on the device, but you would still have the device to use as you wish.

      If she bequeathed the iTunes account, then the account email and password should have been in the will or related documents, if not, then it's reasonable to assume she just left the hardware which you can reset and then have full use of.

      No, it was just the iPad.

      The problem is that since iOS7, Apple implemented a kill switch called "Activation Lock" in an attempt to slow down the theft of the devices - with it, the owner can remotely wipe the device, and more importantly, that device cannot be used by anyone else, thus ensuring that any stolen iPads, iPhones, etc. are rendered worthless.

      What likely happened is just that - the iPad got locked and is right now, effectively worthless.

      Of course, Apple has to be careful too - they can't really offer a way to unlock those devices because it's really a backdoor to Activation Lock and a way for criminals to well, steal your device and then cry to Apple to unlock it saying it belonged to their parents so they could resell it as more than just scrap.

      It's really one of those catch-22 situations - Apple can't contact the original owner to verify if that iPad really belongs to them and they're not just some criminal looking to change their $0 iPad into a $400 iPad on the stolen goods market. And they can't just take those documents because well, the family could come back again next week with another stolen iPad and do the same thing.

      And no, Activation Lock is practically impossible to defeat - if you reset it, it'll ask for the Apple ID credentials before you can proceed. If you get an unlocked one and try to restore it (with Find my iThing on), iTunes refuses to do it until you turn it off (which requires the password). If you force DFU and reload, it won't work until you re=login again, etc.

      It's one of those things - what can Apple do? Remember the goal is to make the illegally acquired resale value zero because a user buying it can't do anything with it. And any way for Apple to help this family can be exploited (hell, do you KNOW that the iPad they got bequeathed wasn't stolen?). Apple requiring a court order basically means the courts will have to ascertain the identity of everyone and be enough of a pain that even a thief probably won't go through that effort. Certainly not one who wants to be identified should the iThing really be stolen.

      They may have a chain of evidence though - the store receipt where the iPad was purchased on a credit card, a credit card bill with the charge on it and the billing name and address which can be compared against their Apple ID account, a death certificate with the same name and address on it, a will with the same name and address, and the iPad, whose serial number will match that on the receipt. Woe be to those who bought it at a store who doesn't record serial numbers, though!

    7. Re:Why do they need to unlock it? by bloodhawk · · Score: 4, Insightful

      Everything you say is actually true EXCEPT, this isn't that families problem, it is apples. When you die your worldly possessions go to your family or anyone else you deem fit to bequeath them too. It is legal and quite proper, Their is no catch 22, Apple have no legal standing here as a properly written will IS a legal document with the authority to transfer ownership, it is not up to the family to provide further proof, if apple is concerned it is on them to provide proof that this particular item was stolen. I hope Apple get their arses sued off.

    8. Re:Why do they need to unlock it? by kthreadd · · Score: 1

      Doesn't that assume that Apple is bound to unlock any device at all? I don't know if that's the case.

    9. Re:Why do they need to unlock it? by bloodhawk · · Score: 1

      Any device where a legal document transferring the ownership of the device to another person. Why Yes it does, why should it be otherwise? Do Apple get more authority than the courts now and get to assume everyone is guilty until they can prove they are innocent?

    10. Re:Why do they need to unlock it? by gnasher719 · · Score: 1

      Everything you say is actually true EXCEPT, this isn't that families problem, it is apples. When you die your worldly possessions go to your family or anyone else you deem fit to bequeath them too. It is legal and quite proper, Their is no catch 22, Apple have no legal standing here as a properly written will IS a legal document with the authority to transfer ownership, it is not up to the family to provide further proof, if apple is concerned it is on them to provide proof that this particular item was stolen. I hope Apple get their arses sued off.

      It's not Apple's problem at all. The item in question is an iPad that is locked requiring the AppleId + Password to unlock. That is what the mother owned. The other thing that she had was her AppleId + Password. She passed the iPad to her children, and unfortunately didn't pass the AppleId + Password as well. The kids got what she had, an iPad without any value.

    11. Re:Why do they need to unlock it? by kthreadd · · Score: 1, Troll

      For a comparison, is a car manufacturer required to install new locks when a car changes ownership and the previous owner forgot to pass on the keys?

    12. Re:Why do they need to unlock it? by Anonymous Coward · · Score: 1

      NO, but they are required to provide a new set of keys to the new owner with legal document showing transfer of ownership (though they may charge for that service). They aren't asking for a new set of locks, merely the a new set of keys.

    13. Re:Why do they need to unlock it? by Anonymous Coward · · Score: 1

      When you die all your possessions go to your family/heir/beneficiaries whether you explicitly bequeath them in your will or not. Forgetting to put something in your will doesn't mean nobody gets it.

    14. Re:Why do they need to unlock it? by DarkSabreLord · · Score: 1

      It's the courts who presume innocent until proven guilty, anyone not a court is free to presume what they'd like. This is why Apple is asking for a legal ruling from the government, the action would eliminate any liability about the matter in the future.

    15. Re:Why do they need to unlock it? by martin-boundary · · Score: 1
      No, locking someone's device without their consent is a bug. It shouldn't happen, and Apple is in the wrong for engineering a system which locks the device automatically without the owners's consent.

      It's pretty simple. And yes, I know that it seemed like a good idea at the time to the idiot engineer who came up with this "solution". Lots of ideas seem good until the flaws are discovered.

      It's still not the family's problem. I hope they sue.

    16. Re:Why do they need to unlock it? by ruir · · Score: 2

      Your reasoning would make some sense if Apple Users/Apple IDs wouldnt have all the details of the accounts, including full name and address. To verify proper ownership, it is enough to check if they are really family. What I am quite sure, is by the time you jump through all the legal hoops, the consultation and court fees will be enough to buy maybe 6 ipads, which I doubt very much it was the spirit of the will.

    17. Re:Why do they need to unlock it? by Anonymous Coward · · Score: 2, Insightful

      NO, but they are required to provide a new set of keys to the new owner with legal document showing transfer of ownership

      And yet here you sit bitching about the fact that Apple has asked this family for legal documents proving ownership of the iPad.

    18. Re:Why do they need to unlock it? by GordonBX · · Score: 1

      a properly written will IS a legal document with the authority to transfer ownership

      Only if the person who wrote the will is actually dead, and that this is the last will and testament that they wrote.

      Apple are only asking for actual proof that the grandmother is dead, and that this was her last will. If you hope Apple get sued then it's because you haven't thought it through and don't appreciate the actual facts of the case. IANAL (and clearly neither are you).

    19. Re:Why do they need to unlock it? by immaterial · · Score: 3, Insightful

      No, locking someone's device without their consent is a bug. It shouldn't happen, and Apple is in the wrong for engineering a system which locks the device automatically without the owners's consent.

      It's pretty simple. And yes, I know that it seemed like a good idea at the time to the idiot engineer who came up with this "solution". Lots of ideas seem good until the flaws are discovered.

      What is all this garbage? It was locked with the owner's consent. The owner unfortunately did not think to leave the keys with her bequest.

    20. Re:Why do they need to unlock it? by Solandri · · Score: 5, Insightful

      Everything you say is actually true EXCEPT, this isn't that families problem, it is apples. When you die your worldly possessions go to your family or anyone else you deem fit to bequeath them too. It is legal and quite proper,

      It's not Apple's problem. The worldly possessions (the iPad) is still there, and the family has possession of it. What's been lost is information - the Apple ID and password. That's really not Apple's responsibility.

      What's happened here is like if you bought a really big, really tough safe. You use it to store some valuables, and only you know the combination. Then you die. Your will bequeaths the safe to your family. They're in physical possession of the safe, but without the combination they have no way to access what's inside or (if there's nothing valuable inside) use it to store other stuff. It's essentially useless without the combination.

      Unless there's some way for the safe manufacturer to open the safe without the combination (which would be a huge security hole), crying to them to fix the situation isn't going to help. When this sort of security is properly designed, even the manufacturer can't help. Same thing happened with the business-class Thinkpads with hard drives and BIOSes which could be password protected. If you set the BIOS boot password and forgot it, IBM's fix was to swap out the motherboard and charge you for a new motherboard (equivalent to salvaging this iPad for parts and charging the family a discounted price for a refurb iPad). If you put a password on the HDD and forgot it, that's it. Nobody could recover your data, not even IBM.

      The iTunes account and any songs/movies/ebooks/software bought on it are a different matter. Regardless of any passwords on it, Apple knows what's in the account. And being virtual goods they can be restored for just a trivial administrative cost to Apple. The real question is whether you can inherit these types of accounts. There was a hoax some years back saying Bruce Willis wanted his kids to inherit his account, but AFAIK there hasn't been any real legal precedent on whether you can actually do that. I would like to think you can inherit the songs/movies/ebooks/software just like you can inherit CDs, DVDs, books, and boxed software. But I suspect the copyright industry is going to fight tooth and nail to try to make any such licenses terminate upon death.

    21. Re:Why do they need to unlock it? by jabuzz · · Score: 1

      Actually in England and Wales you don't even need a will. Once a person is dead if there is no will everything legally passes to their next of kin. The original owner is dead, so Apple need to unlock it.

    22. Re:Why do they need to unlock it? by sonamchauhan · · Score: 1

      You can't bequeath your ITunes account - it goes when you do.


      Most of the big digital providers are very clear on the subject of ownership - it doesn’t belong to you. Purchasing electronic media doesn’t give you the same rights as buying the equivalent books, DVDs and CDs - because you’re buying a lifetime licence to use these digital files rather than a hard, tangible asset.

      Read more: http://www.theweek.co.uk/prosp...

    23. Re:Why do they need to unlock it? by dnaumov · · Score: 2

      They would like to use the device? Since iOS7, there is an anti-theft security measure that prevents a "misplaced" iOS device from being activated with a new AppleID unless the device was specifically "unregistered" from the AppleID of the previous owner. Wiping the device won't help, as the activation of the wiped device will ask for AppleID credentials of the previous owner.

    24. Re:Why do they need to unlock it? by gnasher719 · · Score: 1

      What, do you have, like, comprehension issues? The _owner_ has not given consent to the device being locked. The _owner_ is alive, having inherited the device from a dead relative.

      The owner _did_ give her consent. There is a new owner, who wants to revoke that consent, but it's too late. Apple had consent when the anti-theft measures were turned on. And turning them off doesn't take just consent, but also a password.

    25. Re:Why do they need to unlock it? by itsdapead · · Score: 1

      It's really one of those catch-22 situations - Apple can't contact the original owner to verify if that iPad really belongs to them and they're not just some criminal looking to change their $0 iPad into a $400 iPad on the stolen goods market. And they can't just take those documents because well, the family could come back again next week with another stolen iPad and do the same thing.

      Nonsense. There's no need to make it literally impossible to unlock a stolen iPad (probably unattainable, and certainly liable to deprive legitimate owners of the use of their property) - you just need enough of a hurdle to make it unappealing to thieves. I'm sure that the value of a stolen iPad is much less than $400 - and equally that the value of a locked, stolen iPad is much more than $0 (just use a bit of sleight of hand to sell it to some mug and leg it - thieves don't generally do warranties).

      A solicitor's letter (for US readers: Solicitor = Lawyer, and probably a notary public to boot) is easy to verify and should be more than sufficient to confirm the identity of the new and previous owner. No thief in their right mind is going to go through the risk and expense of obtaining a credible fake solicitor's letter for the value of a stolen iPad - and I'm sure that bent lawyers are even more expensive than real ones.

      Requiring a legitimate owner to produce a court order is going to cost them more than the value of a legally acquired iPad.

      --
      In a survey of 100 programmers, 111111 thought that duck-typing was a good idea.
    26. Re:Why do they need to unlock it? by drinkypoo · · Score: 1

      It's one of those things - what can Apple do?

      They can be sensitive to the needs of the customer, which includes permitting bequest. Otherwise, nobody who may die soon should buy one. Since that is all of us, no one should buy an iDevice.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    27. Re:Why do they need to unlock it? by helix2301 · · Score: 1

      This is problem with digital media how do you will it to someone unless you leave the username and password in your will or leave it in book some where. If you have a huge movie collection on DVD family can take that collection but what if your huge DVD collection is on amazon how do they access it unless you leave them the username and password.

    28. Re:Why do they need to unlock it? by UnknowingFool · · Score: 2

      You didn't get the parent's point. The children can only prove that they received an iPad when their mother died. They can't prove that the iPad they have is actually hers. How do they do that? Her AppleID would have given them some sort of proof as they can verify that the iPad is locked to an AppleID. But the children don't have the ID or the password. So Apple wants a court to give them an order to absolve them of any liability.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    29. Re:Why do they need to unlock it? by Jumperalex · · Score: 1

      Even if they were asking for a new set of locks, your answer is still on point: they can charge a reasonable fee but they can't deny you. But perhaps that is just where fails ;-)

      --
      If you can't be good, be good at it!
    30. Re:Why do they need to unlock it? by UnknowingFool · · Score: 5, Insightful

      I don't think that's the real crux. I think that without any sort of proof that the iPad was hers, Apple can't unlock it. My reading of it is that the will divided the estate but did not name the iPad specifically. Without an AppleID or some sort of identifying information, Apple can't know that was her iPad and not someone else's. People probably have used situations like this before to game Apple. So they want a court order that essentially absolves them from deciding that. They'll unlock it when a court tells them to.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    31. Re:Why do they need to unlock it? by jo_ham · · Score: 1

      Why is it Apple's problem?

      Is it a safe manufacturer's problem if a locked safe is inherited by the children and they don't know the combination?

      I'm pretty sure they'd ask for something like, I I don't know, a court order perhaps, if they were asked to enter their master code to unlock the safe if the original owner had died and their kids wanted access to it.

    32. Re:Why do they need to unlock it? by jo_ham · · Score: 1

      Say I inherit a locked safe made by SafeCo from my dead father. I have a certificate proving he is dead, and a will that says I inherit his possessions.

      Is SafeCo obligated to open the safe with their master key. Do you think they might ask for a court order, as is standard in probate law?

      Now assume that I inherit my father's estate and I add a stolen safe into the possessions, also made by SafeCo. What happens if they unlock that for me without a court order?

    33. Re:Why do they need to unlock it? by nurb432 · · Score: 1

      Doesn't work that way anymore from what i gather. No pass code, no factory reset.

      --
      ---- Booth was a patriot ----
    34. Re:Why do they need to unlock it? by shilly · · Score: 1

      Exactly! Mod this up!

    35. Re:Why do they need to unlock it? by UnknowingFool · · Score: 2

      Go into the store and remote unlock it while in the possession of the company. Problem solved.

      You don't get the point. Apple can technically unlock the device. They cannot be certain that the iPad that the children have is actually their mother's. Anyone can lie. They are not going to find out as this is a legal question. When the court gives them a court order, they'll do it.

      You're telling me that with all their telemetry (gps data, user account information) they can't figure out which device is attached to which (for example) Wifi MAC address or serial number?

      Again you don't get the point. A MAC address or serial number tells nothing about who owns any particular iPad especially when the children don't know the AppleID (user account information) of their mother. AppleID accounts do not have to contain any identifying information other than a email address.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    36. Re:Why do they need to unlock it? by nmr_andrew · · Score: 1

      Correct, the (previous, deceased) owner forgot to leave the keys. If this were in meatspace and it was the keys to a door that were lost or forgotten, a locksmith would come in and open the locked door, probably also providing a new key. In this analogy, Apple is the locksmith. As mentioned above, nothing stops them from charging for the service, but they should be able to do this. If it was a locked safe instead of a door, the locksmith might ask for a legal document that the surviving family members are indeed the new owners to prevent liability, and it appears Apple was provided with that or needs to say what additional documentation they need. As for anyone suggesting documents stored on the iPad or in the cloud make this a grey area, how is that any different than a diary, letters, account statements, etc. that might be stored in a physical safe?

    37. Re:Why do they need to unlock it? by mpe · · Score: 1

      This is problem with digital media how do you will it to someone unless you leave the username and password in your will or leave it in book some where. If you have a huge movie collection on DVD family can take that collection but what if your huge DVD collection is on amazon how do they access it unless you leave them the username and password.

      There is also the problem of differing legal jursidictions. It's now very easy for people to have "property" in foreign countries. Without being aware of it. Without it being clear where someone's "cloud based property" actually is in a legal sense.

    38. Re:Why do they need to unlock it? by mpe · · Score: 1

      As for bequeathing applications, I believe most EULA for software includes a "non-transferable" clause. Thus, you cannot bequeath to another person.

      No EULA can change the "law of the land". If there's statute or case law which says you can, then you can. Regardless of what the software company might want.

    39. Re:Why do they need to unlock it? by sjames · · Score: 1

      It's also reasonable to believe she just forgot all about passwords and such or figured they would just call Apple and all of that would be fixed right up.

    40. Re:Why do they need to unlock it? by martin-boundary · · Score: 1

      And turning them off doesn't take just consent, but also a password.

      And *that* is both bad and irresponsible engineering. Now you're getting it.

    41. Re:Why do they need to unlock it? by martin-boundary · · Score: 1

      Now assume that I inherit my father's estate and I add a stolen safe into the possessions, also made by SafeCo. What happens if they unlock that for me without a court order?

      If it's a stolen safe, it's not yours. (I assume it's not your late father's since if you inherit it it would be yours). So it's registered with someone other than you or your late father's. So SafeCo don't need a court order to know not to unlock it.

      Now assume that you inherit your father's estate and one of those possessions is an ipad, made by Apple. Now it's up to Apple to unlock your ipad, since they have your father's details on file, so you have a right to it.

      No need for a court order either way, just common sense.

    42. Re:Why do they need to unlock it? by david_thornley · · Score: 1

      On the other hand, she may have had just a non-transferrable lifetime license for some stuff. One big problem with some of this cloud stuff is that it can be very hard to tell just what you own.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    43. Re:Why do they need to unlock it? by jo_ham · · Score: 1

      Now assume that I inherit my father's estate and I add a stolen safe into the
          possessions, also made by SafeCo. What happens if they unlock that for me
          without a court order?

      If it's a stolen safe, it's not yours. (I assume it's not your late father's since if you inherit it it would be yours). So it's registered with someone other than you or your late father's. So SafeCo don't need a court order to know not to unlock it.

      Now assume that you inherit your father's estate and one of those possessions is an ipad, made by Apple. Now it's up to Apple to unlock your ipad, since they have your father's details on file, so you have a right to it.

      No need for a court order either way, just common sense.

      This is exactly what Apple are asking for is this case - proof of ownership, and the standard legal verification of the will. Like I said in other threads, this is a pretty standard part of UK law involving wills and the transfer of property. It's just making waves because it's Apple and the first "edge case" to make news since they made their Apple ID reset procedure much more secure.

    44. Re:Why do they need to unlock it? by martin-boundary · · Score: 1

      This is exactly what Apple are asking for is this case - proof of ownership, and the standard legal verification of the will.

      Then either TFA is not truthful, or you're wrong. According to TFA, Apple are asking for a court order to prove that the mother was the original owner.

      Reading TFA's summary, "We've provided the death certificate, will and solicitor's letter but it wasn't enough". "were asked to provide written consent for the device to be unlocked".

      Anyway, this horse is pretty much dead by now, there's little point in beating it further.

  6. Re:Just hack it but what are the laws like UK over by Kkloe · · Score: 1

    Do that, I will patiently await your investigation and that you return here and tell us all about the laws

  7. Re:Just hack it but what are the laws like UK over by Anonymous Coward · · Score: 2, Informative

    It's lethal injection or the chair if you hack an iPad.

    Those Apple lobbyists do a great job!

  8. They should approach the NSA instead... by wooppp · · Score: 5, Funny

    Wouldn't that be easier?

  9. Re:Why? by ozmanjusri · · Score: 5, Insightful

    Apple is right, your mother gave you the iPad, not the data on it.

    The data does not belong to Apple.

    The iPad does not belong to Apple.

    Apple should have no skin in this game, they don't own any part of it.

    --
    "I've got more toys than Teruhisa Kitahara."
  10. Does Apple have the ability to unlock the device? by mark-t · · Score: 1

    Because if not, it's not like any proof of the authenticity of their claim will make any difference at all.

    If you ask me, I think that the necessary information about her itunes account and password, given that the device itself was bequeathed in her will anyways, should have been stored in a sealed envelope which accompanied the physical copy of the will.

  11. Good. by dmomo · · Score: 2

    It should be hard. The will may have said they could have the ipad. I didn't see anything about the data on it. Soon enough, it will be basic will-writing protocol to include any necessary keys to data as it is with access physical objects.

    Wills aside, I'm glad to see one more hurdle in the social engineering chain.

    1. Re:Good. by AK+Marc · · Score: 3, Insightful

      So if my father leaves me his safety deposit box, I get the box, but not the contents? I think you are wrong, an old woman wouldn't have thought anyone would separate them. That you understand the difference doesn't make it as obvious as you declare.

    2. Re:Good. by firex726 · · Score: 3, Interesting

      Hell, make it simpler, if someone leaves me their computer, does the drive need to be wiped and all the programs and OS repurchased, even if they came with the computer?

    3. Re:Good. by gnasher719 · · Score: 1

      So if my father leaves me his safety deposit box, I get the box, but not the contents? I think you are wrong, an old woman wouldn't have thought anyone would separate them. That you understand the difference doesn't make it as obvious as you declare.

      If he rents a bank safety deposit box, and there was an agreement that only a person with your father's fingerprints can open the box...

    4. Re:Good. by gnasher719 · · Score: 1

      Hell, make it simpler, if someone leaves me their computer, does the drive need to be wiped and all the programs and OS repurchased, even if they came with the computer?

      You are totally misunderstanding the situation. If someone leaves you their computer, and used full disk encryption but forgot to leave you the password, does anyone have to help you get the data?

      In the case of a Mac, there is full disk encryption (which makes the data unreadable, but you can reformat the drive), and there is a firmware password which actually makes the computer unusable if lost. Few people use this. So if you are left a Mac with a firmware password that is lost, would Apple have to unlock it? That's missing the point of the lock, isn't it?

    5. Re:Good. by ThatsNotPudding · · Score: 1

      Hell, make it simpler, if someone leaves me their computer, does the drive need to be wiped and all the programs and OS repurchased, even if they came with the computer?

      YES -- Business Software Alliance

    6. Re:Good. by AK+Marc · · Score: 1

      In fact, in your example...the apple credentials are more like the safety deposit box itself (not the contents). The contents of a safety deposit box (like the physical Ipad) are indisputably property of the owner but the box itself is merely a storage vessel, which is subject to a contractual agreement with a third party. So I own the contents of my safety deposit box, but I don't get to break into the bank and empty it whenever I feel like.

      I agree it wasn't a perfect analogy. But if you take the "box" as being owned by the bank. You are saying that the bank should open the box, dump the contents on a table, take the box away. In most cases, the person showing up with "rights" to the box assumes the contract on it. They get to keep the box under the same ToS as the previous owner.

    7. Re:Good. by kimvette · · Score: 1

      No - right of first sale.

      --
      The Christian Right is Neither (Christian nor right). See: Matthew 23, Matthew 25, Ezekiel 16:48-50
  12. American Corporations by Anonymous Coward · · Score: 1

    Taking away your right to private property, one cloud at a time.

  13. Re:Why? by Anonymous Coward · · Score: 1

    That's quite a silly argument. Apple does have a stake, precisely because of the data. When a person gives up their iPad in a will, they're giving it up WITH the data. Otherwise they would stipulate they are giving away just the iPad, and not the data on it. After all, how many people do you know who would pass you an iPad with the data still on it without clearing it, or instructing you to clear it if they trust you? If they didn't stipulate precisely what they were giving up, then it is obvious they meant the iPad with the data. Even the most free-spirited layperson I know just told me they wouldn't even give their tablet away with the data intentionally, so if they wrote a will they would say it was the data-wiped device they were giving away. And she's also a grandmother, almost 80 years old today.

  14. Re:Does Apple have the ability to unlock the devic by meerling · · Score: 5, Insightful

    By their request for proof, they have clearly indicated that they do in fact have that ability. Otherwise they'd have started and ended the conversation with a simple, "I'm sorry, but we do not have the capability to compromise any users security. Without the login information or passwords we are unable to assist you.". Or something equivalent.

  15. Re:So they don't even have the Apple ID by Anonymous Coward · · Score: 1

    A solicitor is the UK version of a lawyer.

    For all you know? Doesn't seem like much.

    I'm not sure what kind of real proof would be sufficient for you. DNA testing the screen along with the exhumed corpse of the mother?

  16. Re:Why? by leptons · · Score: 2

    My co-worker gave me his personal tablet to use for work purposes (app testing), with his photos and music still on it. He gave it for me and then took an assignment in another office and hasn't cared to ask for it back. I haven't looked to see if I could purchase with his appleId but I don't really care to even try. This kind of thing probably happens all the time, except in your narrow view of the world.

    Most people don't give a second thought about privacy, especially when they don't have anything to hide, and I'd bet grandma had nothing to hide on that tablet.

    Apple has once again proven their overbearing stranglehold on everything they touch.

  17. executor's request plus will should be enough by cas2000 · · Score: 1

    Legally, the Executor of the will (or the appointed Administrator if there was no will), should be able to write that letter of consent, if Apple cretinously insists on having one - the Executor is acting on behalf of the Estate, and has similar powers and reponsibilities as a person with power of attorney.

    1. Re:executor's request plus will should be enough by vandelais · · Score: 4, Interesting

      They didn't get an appointment, probably because there's no substantial assets (real estate, automobile) subject to probate or they got around probate with those other assets using joint ownership.

      The will shows who the deceased at one point in time said should have the rights to the property.
      The problem the children have is the will is not in force unless a court says it is .
      There could be multiple wills. They all start "Last will and testament". People step forward on frequent occasion with an updated will or contestation of a singular will. A court sorts this out. That is why the uniform commercial code says that proof of executorship/administration, even when issued by the court, be accepted if dated within 60 days. In this way, the person or entity accepting the authority of the court from that document be held without blame according to safe harbor provisions.

      --
      Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
  18. Privacy... not by john_uy · · Score: 1

    Yet when governments demand that data be provided, all the fuss goes away and gives it easily.

    --
    Live your life each day as if it was your last.
    1. Re:Privacy... not by jones_supa · · Score: 1

      Indeed. If there was a three-letter American organization working on this, there would be no arm-wrestling but instead we would have a nice full data dump in the same day.

    2. Re:Privacy... not by gnasher719 · · Score: 1

      Yet when governments demand that data be provided, all the fuss goes away and gives it easily.

      Nobody, including Apple, can extract data from an iPad with a ten digit passcode.

  19. Try the naive way by hcs_$reboot · · Score: 1

    Go to Apple store and
    - Hello I don't remember my password, and, no, never synced the device since I've no computer
    - Well we can reset it but you will lose all your data
    Enjoy anew iPad

    --
    Slashdot, fix the reply notifications... You won't get away with it...
    1. Re:Try the naive way by noh8rz10 · · Score: 1

      no, not with the new os. now when you reset it the thing asks you for your pwd before starting up again. otherwise it's bricked.

  20. Fiduciary can get it done by Garnaralf · · Score: 5, Informative

    I was recently the Fiduciary, or executor, or an estate where an iPad was involved. I sent a letter, as the Fiduciary, along with my appointment papers, requesting the password, in order that a proper value of the iPod could be determined, which included the data on the iPad. Apple refused. I immediately made an appointment with the Judge of the Probate, and explained the situation. She immediately sent a letter to Apple, demanding that they supply or clear the password, or be charged with contempt of court. They sent the password. Thankfully, this is not a large area, population-wise, that this could be handled quickly. I can only imagine how difficult it could be in a large city.

    1. Re:Fiduciary can get it done by dkf · · Score: 1

      Thankfully, this is not a large area, population-wise, that this could be handled quickly. I can only imagine how difficult it could be in a large city.

      While there might be more people, there are also more judges in a large city, and the problems with dealing with probate are still the same. The law in this area doesn't depend on the local density of population. (That would be ultra-dumb and against the principles of the legal system for thousands of years.)

      --
      "Little does he know, but there is no 'I' in 'Idiot'!"
    2. Re:Fiduciary can get it done by drinkypoo · · Score: 1

      I sent a letter, as the Fiduciary, along with my appointment papers, requesting the password, in order that a proper value of the iPod could be determined, which included the data on the iPad.

      Are you talking about data which the owner of the pad created? Because AFAIK, the digital assets (mp3s and so on) are not actually transferable. Is that not true?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    3. Re:Fiduciary can get it done by AmiMoJo · · Score: 1

      So Apple were able to tell you the plaintext password? That implies they don't even hash it properly. They should have been able to reset it, but not tell you what it was. Rather alarming is true.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    4. Re:Fiduciary can get it done by AmiMoJo · · Score: 1

      So Apple were able to tell you the plaintext password? That implies they don't even hash it properly. They should have been able to reset it, but not tell you what it was. Rather alarming if true.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    5. Re:Fiduciary can get it done by cdrudge · · Score: 2

      No where does it say that the original password of the deceased was requested and/or provided. Apple could just as easily reset the password to something that was known, and then provided the reset password. Or provided some other reset mechanism to allow the requester to set a new password.

    6. Re:Fiduciary can get it done by tlhIngan · · Score: 4, Insightful

      I was recently the Fiduciary, or executor, or an estate where an iPad was involved. I sent a letter, as the Fiduciary, along with my appointment papers, requesting the password, in order that a proper value of the iPod could be determined, which included the data on the iPad. Apple refused. I immediately made an appointment with the Judge of the Probate, and explained the situation. She immediately sent a letter to Apple, demanding that they supply or clear the password, or be charged with contempt of court. They sent the password. Thankfully, this is not a large area, population-wise, that this could be handled quickly. I can only imagine how difficult it could be in a large city.

      And guess what? Apple is demanding that in this case!. You went to the Probate Court, the judge sent a letter to Apple (presumably confirming that the deceased owned that specific iPad and all that and to release details on the account).

      And Apple complied.

      In this case, the family is complaining they have to go to court to get a court order to get Apple to unlock it. No surprise, you ran into the same problem, which is why you went to the Court to see the judge.

      In other words, Apple is following the same procedure with this family as what you did - the Court issued an order demanding release of the account information. Apple complied. This family didn't, and Apple requested that they get the Court to do so.

      And yes, Apple is absolved or all liability should it turn out said iPad was stolen - it meant someone lied to the Court under oath and committed perjury, which generally is far worse than the few hundred bucks you get for the iPad.

    7. Re:Fiduciary can get it done by CannonballHead · · Score: 1

      They *sent* the password? Which means they actually store it in a way that they have access to the password itself (and not just a hash or whatever of it)?

    8. Re:Fiduciary can get it done by gnasher719 · · Score: 1

      So Apple were able to tell you the plaintext password? That implies they don't even hash it properly. They should have been able to reset it, but not tell you what it was. Rather alarming is true.

      On the internet, everyone is a successful lawyer. As you said, rather alarming if true.

  21. If she wanted them to have the data by wickerprints · · Score: 4, Insightful

    Fundamentally, I see this as a security issue. If the deceased wanted someone to have the data on the iPad, she should have provided the means to have access to that data. You can't just bequeath it in a will and then expect everyone else to sort it out after you're gone. That's inconsiderate.

    It's also hypocritical to hold a company up to high standards for maintaining security and user privacy, and then at the same time blame them for not just rolling over and handing over the means to decrypt that information. It's not Apple's responsibility to give the family that ability, but the owner of that content. If I have years of personal photos that I've encrypted and bequeathed to someone, I'm sure as hell not going to just say, "here, you get this hard drive full of encrypted memories, but good luck decrypting it--I'm taking the decryption keys to my grave." That's stupid.

    Even if Apple can unlock that data and eventually does so, think about how that might look to some people, who would NOT want their heirs/family/descendants to have the means to rummage through their personal data. You see this happen all the time--families of the deceased try to weasel their way into secrets and intimate histories of those who died. If all it might take is some lawyers and potentially dubious documentation to get around a dead person's privacy, then I would think twice about leaving any personal data behind.

    1. Re:If she wanted them to have the data by reve_etrange · · Score: 2

      It's actually not the data, it's just the device itself as a functional iPad. The activation lock feature requires the password to use the device even after a factory reset.

      --
      .: Semper Absurda :.
    2. Re:If she wanted them to have the data by mrbester · · Score: 1

      Perhaps Grandma was too busy dying to be concerned about what bullshit some company was going to pull with her possession. As was the family. Apple asked for proof of ownership. Fair enough. They provided *three* forms of it. That should be the end of it.

      All that bibble about "what if" is bollocks. It was her iPad, she died, it now belongs to the family who have proven that they are the family. Unlock the fucking thing.

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    3. Re:If she wanted them to have the data by oji-sama · · Score: 2

      Even if Apple can unlock that data and eventually does so, think about how that might look to some people, who would NOT want their heirs/family/descendants to have the means to rummage through their personal data. You see this happen all the time--families of the deceased try to weasel their way into secrets and intimate histories of those who died. If all it might take is some lawyers and potentially dubious documentation to get around a dead person's privacy, then I would think twice about leaving any personal data behind.

      Perhaps stating in your will that the content of your devices is private and they are to be [emptied / erased / reset] would be appropriate then. (Compliance rate would probably be rather high if there was an exception, such as a external hd with family photos to be copied to interested family members.)

      --
      It is what it is.
    4. Re:If she wanted them to have the data by gnasher719 · · Score: 1

      Even if Apple can unlock that data and eventually does so, think about how that might look to some people, who would NOT want their heirs/family/descendants to have the means to rummage through their personal data. You see this happen all the time--families of the deceased try to weasel their way into secrets and intimate histories of those who died. If all it might take is some lawyers and potentially dubious documentation to get around a dead person's privacy, then I would think twice about leaving any personal data behind.

      I don't actually know if Apple can unlock an iOS 7 device without wiping it. The data stored on it is always encrypted with your passcode. Most likely you would just get a wiped iPad back, and for access to data you need to know the relevant ids and passwords. It's even possible that Apple cannot actually unlock the device, and gives you a new one - which would be _really_ safe and would make them very hesitant to do this.

    5. Re:If she wanted them to have the data by Your.Master · · Score: 2

      Apple asked for proof of ownership. Fair enough. They provided *three* forms of it.

      Where are you getting that? They provided three documents, but since when was a death certificate "proof of ownership"?

      A will is proof that a thing transferred ownership, although I would guess that the iPad wasn't called out specifically. The Solicitor's letter is the only thing that could possibly be a form of proof of ownership, but that's for the lawyers to talk about.

      All that bibble about "what if" is bollocks.

      No, it isn't. You need to have a system that keeps the bad guys out while accounting for situations like this. Accepting a death certificate as proof of ownership would be *ridiculous*. I could pull out my grandma's death certificate and takeover hundreds of iPads. This isn't hypothetical; I guarantee somebody has tried this before and will again. You have to draw the line somewhere, and it frankly is not obvious where exactly, but it is obvious that it's stricter than "death certificate & copy of a will".

    6. Re:If she wanted them to have the data by jo_ham · · Score: 2

      Perhaps Grandma was too busy dying to be concerned about what bullshit some company was going to pull with her possession. As was the family. Apple asked for proof of ownership. Fair enough. They provided *three* forms of it. That should be the end of it.

      All that bibble about "what if" is bollocks. It was her iPad, she died, it now belongs to the family who have proven that they are the family. Unlock the fucking thing.

      No, they provided a death certificate, that proves a woman died. They provided a will that said all her possessions go to the kids, and a fancy letter from a lawyer that says the same thing.

      None of those things prove that the iPad they want unlocked belonged to the dead person, hence the court order.

      This is all pretty standard stuff. It's just big news because someone wants ad impressions via click bait and slashdot just loves to hate Apple. Someone is making a mortgage payment off this story.

  22. from the grave by Forget4it · · Score: 1

    The mother is in the right place - she could have a word with Steve Jobs and all would get fixed. Shame he's not here on earth to kick ass for her now.

    --
    Artificial intelligence is the study of how to make real computers act like the ones in the movies.
  23. Of course they can prove it by mha · · Score: 2

    If the security is so good that they need Apple to unlock it then they can easily prove that it's their mom's device because the active account on the device is her mom.

    No idea who modded you "insightful" - no disrespect to you, I make 1000 silly mistakes a day, but looking at other people's texts/comments is always easier than judging your own words so I DO have some doubts about those who moderated this comment up. Unless someone can point out an error in my argument, but I think it's pretty obvious (well, obviously, otherwise I wouldn't have said it, wouldn't I).

    1. Re:Of course they can prove it by immaterial · · Score: 1

      If the security is so good that they need Apple to unlock it then they can easily prove that it's their mom's device because the active account on the device is her mom.

      I can't even parse this sentence. How did YOU get modded up? If you're trying to say "it should be obvious that the device belonged to the dead lady because it's the dead lady's account that is attached to the device," that doesn't follow at all because the family has yet to prove the account belongs to the dead lady either! That's the entire issue here - Apple just wants proof from the probate court that both the device and the account belonged to the lady.

  24. Pretexting by mysidia · · Score: 3, Interesting
    Get access to the e-mail address, then use the normal password reset process, to change the dead person's password..... Or if you think you know the e-mail address and probable answers to security questions: http://support.apple.com/kb/HT... Or... call apple support, tell them you can't access your iTunes account anymore and you lost access to your e-mail. Answer various questions about the account as the diseased would. Make sure you have access to the last 4 digits of credit card numbers, billing addresses, etc.

    Make note of the security question options such as:

    In what city did your parents meet?
    What is the first name of your best friend in High School?
    What is the last name of your favorite elementary school teacher?
    What is your dream job?
    What is your favorite children's book?
    What was the first album that you purchased?
    What was the first film you saw in the theatre?
    What was the first name of your first boss?
    What was the first thing you learned to cook?
    What was the model of your first car?
    What was the name of the first beach you visited?
    What was the name of your first pet?
    What was your childhood nickname?
    Where did you go the first time you flew in a plane?
    Where were you on January 1, 2000?
    Who was your favorite film star or character in school?
    Who was your favorite singer or band in high school?
    Who was your favorite teacher?
    Wnat is the name of your favorite sports team?

  25. Re:Serial number by bloodhawk · · Score: 4, Insightful

    Why was that marked insightful? You don't put the VIN number for the cars you own in your will either, nor do you put the serial numbers from each electrical appliance, watch or other worldly possessions. Why is it suddenly that this is on the family to prove for this particular type of device, A Will is a legal document, if Apple thinks the item might be stolen then it is on Apple to prove it, not the family.

  26. Re:So they don't even have the Apple ID by firex726 · · Score: 1

    It's also illegal to impersonate a solicitor/layer in both the US and UK; if it is a scam it went from petty theft to actual jail time and a $5000 fine.
    Having one sign off is comparable to a Notary in the US witness and stamp a document.

  27. Re:Why? by 93+Escort+Wagon · · Score: 4, Insightful

    It's only been a year or so since Mat Honan got all his Amazon, Google, and Apple data wiped because someone was able to trick their way into his accounts. Apple got castigated over that, and implemented a lot of extra security to try to prevent that sort of thing from happening again. Well, guess what? You can't have it both ways. One way or the other, there will be problematic edge cases - and this sort of thing is one of them.

    --
    #DeleteChrome
  28. Re:Why? by mjwx · · Score: 5, Insightful

    Apple is right, your mother gave you the iPad, not the data on it.

    The data does not belong to Apple.

    The iPad does not belong to Apple.

    Apple should have no skin in this game, they don't own any part of it.

    Actually, the box says "Your Apple iPad" inferring that Apple still own it and you're just using it. Besides this, your soul is the minimum price for any apple product. The bequeathed couldn't inherit this agreement as the agreement was for his grandmothers soul, he'll need to bequeath his soul to Apple (signed in blood, in triplicate) before they can do anything.

    Jokes aside here, Apple is just being a dick, which is really what we can expect from Apple. The inheritor is legally entitled to the data on that device (as they would to any other intellectual properties like writings, patents and works of art created by the deceased) and Apple have the capacity to unlock the device (which is scary enough on its own) but refuse to do so because, because, shut up, thats why.

    Also this is in the UK, consumer protection will not be kind to Apple.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  29. Re:Privacy by firex726 · · Score: 1

    Except by your reasoning the entire drive would need to be wiped before it could be turned over.
    Any journals written by the person would also need to be erased somehow, since according to you, they turned over the journal not what was written in it.

  30. Re:Does Apple have the ability to unlock the devic by kthreadd · · Score: 1

    Apple has a feature called activation lock. Basically the phone checks with Apple's servers to see which Apple ID the hardware was registered to, and will refuse to work unless the previous user first logs into the web interface and removes the lock.

  31. Re:Serial number by physicsphairy · · Score: 2

    Clearly, Apple cannot afford to take the risk. Why, if they give in just this one time, they set the stage for this family to become kingpins of crime. All they would need is a steady flow of cadavers, forged legal documents, lawyers, and stolen iPads, any of which these sort of experience criminals could find fenced for a-dime-a-dozen.

  32. Way to be obtuse, Apple. by SeaFox · · Score: 1

    They've now asked for a court order to prove that mum was the owner of the iPad and the iTunes account.

    The fact the iPad is synced to the iTunes account is evidence they are owned by one and the same person.
    The iTunes account has the full name, address, and credit card information of the owner on it (unless she never bought apps). That credit card account is legally tied to the deceased. Apple already holds the evidence in their own fucking billing system.

    1. Re:Way to be obtuse, Apple. by Cimexus · · Score: 1

      Well, it most likely has her full name. Many people though only use prepaid iTunes cards to fund their accounts, and thus wouldn't have any CC info on their accounts (or, for that matter, address information, since it's entered for the purposes of the CC billing address most of the time).

      You can buy apps without adding a CC - just buy a free app first and when prompted, add credit from an iTunes card. Then subsequent purchases will come out of that balance without needing to enter a CC. It only bugs you on the first purchase IF that purchase is a non-free app.

    2. Re:Way to be obtuse, Apple. by jo_ham · · Score: 1

      You don't need a credit card to have an Apple ID. You don't even need to put in a real address (or the one you live at, certainly - Apple doesn't verify that).

      Who knows what information Apple has on that iPad and subsequent account? Of course they know what it is, but they need a court of law to say "the people asking for access to it are legit, you can reset the Apple ID".

  33. Re:Why? by giorgist · · Score: 4, Funny

    Well she gave the iPad but not the data in the cloud ... she may be using that now that she is up there.l

  34. Power of Attorney? by Sylak · · Score: 1

    Does the UK have anything like Power of Attorney in place that the executer of the estate would have to in fact say that for all legal purposes they ARE the deceased?

    1. Re:Power of Attorney? by u38cg · · Score: 1

      Where do you think US law came from? We've been dying in the UK for longer than you :p

      --
      [FUCK BETA]
  35. Re:Just hack it but what are the laws like UK over by gnasher719 · · Score: 1

    Just hack it but what are the laws like UK over that??

    The idea is that you can't.

  36. Re:Why? by lucm · · Score: 1

    My co-worker gave me his personal tablet to use for work purposes (app testing), with his photos and music still on it.

    I can understand if you don't care about the data, but I would still advise you to take a quick look at the pictures and possibly at the browsing history to make sure that you don't need to coat this thing with Purell (or dip it in rubbing alcohol).

    Any Geeksquad veteran will tell you that there is a surprisingly large number of people who do ungodly things with their iPads (and I don't mean taking pictures of their tuna salad at Applebees).

    You have to be careful with "second hand" devices...

    --
    lucm, indeed.
  37. Re:Serial number by Mashiki · · Score: 2

    I'm guessing that the GP has never had to deal with a will or death issue of a family member and the transfer of items from the dead to the living. It's not a pretty process, and in a lot of families it's usually only one or two people who end up dealing with this.

    --
    Om, nomnomnom...
  38. BSOD by Tablizer · · Score: 1

    Too early?

  39. Re:Just hack it but what are the laws like UK over by DarwinSurvivor · · Score: 1

    Does the UK have that stupid digital-lock law? If so, it would be a crime to break the lock even if it was otherwise legal.

  40. Re:Does Apple have the ability to unlock the devic by SeaFox · · Score: 1

    The iPad is synced to an iTunes account and since it's locked and no one can open it we know it's the account of the owner of the device. The iTunes account is tied to a credit or debit card is it not? Otherwise the owner would not have been able to get any apps for the iPad. Even free apps require some way to legally verify the "purchaser" is in the location they say they are for licensing reasons.

    The bank account/line of credit is legally tied to the deceased. Seems to me Apple is sitting on the very proof they are requiring of the family.

  41. Re:Why? by ozmanjusri · · Score: 1

    One way or the other, there will be problematic edge cases - and this sort of thing is one of them.

    It may be problematic for Apple, but it's not the family's responsibility to resolve it.

    Apple chose to hold the keys to other people's valuables. They are responsible for making them available when needed.

    --
    "I've got more toys than Teruhisa Kitahara."
  42. Re:So they don't even have the Apple ID by Cimexus · · Score: 1

    http://en.wikipedia.org/wiki/S...

    cf. http://en.wikipedia.org/wiki/B...

    In most English speaking countries outside the US, the concept of 'lawyer' is split into two types of people: solicitors and barristers (though some individuals may practice law as both). Links above explain the difference.

  43. Re:Correction by MancunianMaskMan · · Score: 1

    This is indefensible behavior. Apple are being assholes.

    Quite the contrary. The Customer is in the wrong, since she did not stipulate to be buried clutching her iPad but instead to pass it on to other beings.

    She can't be of the One True Apple Faith, thus she's a heretic.

  44. Re:Does Apple have the ability to unlock the devic by MouseTheLuckyDog · · Score: 1

    In the old minicomputer days, there was a practice to create a new root level account, take it's name and password and put them in a drawer in a sealed envelope. If say some admin changed the root password and went on vacation, you took the envelope out, logged in, changed the root password, deleted the account and created a new alternate account with a new envelope.

    Of course she would have to change her will ( the envelope ) each time she changed her password. Plus people generally don't think of such things.

  45. Lawyers by gd2shoe · · Score: 2

    The children either want to avoid full probate because of the expense or need to get a new attorney familiar with whatever the affidavit of small estate alternative process is for their jurisdiction.

    Sometimes, I just don't understand the Lawyer outlook of the world. If everything is working smoothly between family members, there ought to be no reason whatsoever to involve lawyers, courts, and extra expenses. Yes, there will always be some people who need a legal mediator... but there will always be people who don't need the extra expense and headache.

    The idea that the world runs because lawyers exist, and that we must therefore thank them for making life difficult, is perverse and detrimental to society. Sometimes, in order to be helpful, the profession just needs to get out of the way.

    --
    I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    1. Re:Lawyers by epine · · Score: 3, Funny

      If everything appears to be working smoothly between family members,

      FTFY.

      Didn't you watch a single episode of The Dukes of Hazard growing up? The legitimate party is always the last to know, and by the time the penny drops they're one hell of a car ride away from interceding in the nick of time, bursting into the court room at the very moment the justice picks up the pen and says out loud to Boss Hogg and his henchmen in particular "these papers all seem to be in good order".

    2. Re:Lawyers by vandelais · · Score: 2

      People are also fickle and are prone to changing their minds about such things also as evidenced by Boss Hogg in every single episode of The Dukes of Hazard.
      Your analogy is a WIN.

      --
      Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
    3. Re:Lawyers by gd2shoe · · Score: 1

      I didn't, actually. But not everything in real life is like a TV show. There are still plenty of families that manage to make it through the death of a loved one without tearing the family apart.

      People who think that Lawyers need to be involved for each and every death must either have terrible family lives, or have friends and neighbors who do. (Or put too much stock into television episodes)

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    4. Re:Lawyers by NoKaOi · · Score: 1

      Sometimes, I just don't understand the Lawyer outlook of the world.

      What's not to understand? If you're talking to a mechanic, then yeah, they'll tell you that you need a mechanic to fix that. If you're talking to an electrician then they'll sure as hell tell you not to even think about touching that and to call an electrician. Why would you expect lawyers to be any different? The problem is, most of the folks who make the laws that we all have to follow are themselves lawyers.

      So, the laws are written by lawyers working for the lobbyists, who then pass it along to other lawyers (with titles like "Congressman" or "Senator") who are also working for the lobbyists...

    5. Re:Lawyers by Bing+Tsher+E · · Score: 1

      People who think that Lawyers need to be involved for each and every death must either have terrible family lives, or have friends and neighbors who do. (Or put too much stock into television episodes)

      It's deeply embroiled in the Apple culture. Steve Jobs had a daughter from sex with a lower-level Apple employee, who he refused to acknowledge through her entire childhood. He had the nerve, though, to name the Lisa after her. Jerk was heavily into Zen. But also dug Lawyers-n-stuff.

    6. Re:Lawyers by gd2shoe · · Score: 1

      This is definitely part of the problem, but I think it runs deeper. There seems to be a philosophy that law should govern everything. And because only lawyers understand the law, they should be involved in every facet of life. It's sickening.

      Throughout most of civilization, the average person couldn't afford a lawyer, and we managed inter-personal relationships just fine. Now, we can occasionally afford lawyers, but we can't sneeze without one?

      One Ring to rule them all, One Ring to find them, One Ring to bring them all and in the darkness bind them...

      Sound familiar?

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    7. Re:Lawyers by BasilBrush · · Score: 1

      Sometimes, I just don't understand the Lawyer outlook of the world. If everything is working smoothly between family members, there ought to be no reason whatsoever to involve lawyers, courts, and extra expenses.

      This might work if she kept all her money in cash under the mattress. But they'll have just as much of a problem withdrawing her savings from the bank without probate.

    8. Re:Lawyers by Belial6 · · Score: 1

      I haven't experienced a good Dukes of Hazard analogy in a long time.....

    9. Re:Lawyers by gnasher719 · · Score: 1

      It's deeply embroiled in the Apple culture. Steve Jobs had a daughter from sex with a lower-level Apple employee, who he refused to acknowledge through her entire childhood. He had the nerve, though, to name the Lisa after her. Jerk was heavily into Zen. But also dug Lawyers-n-stuff.

      The "lower-level Apple employee" was his girlfriend before Apple started, and they worked together building the first 50 Apple computers in Jobs Sr's garage. "through her entire childhood" is perfectly wrong. Why you comment "had the nerve" on naming a computer after his daughter is plainly beyond me. In the end, you can find some info about her, and it doesn't seem she ever complained about his behaviour.

      But no matter what you say, that was Jobs' private life, and not "embroiled in the Apple culture".

    10. Re:Lawyers by shilly · · Score: 1

      Please don't use words like embroiled unless you actually know what they mean. Using simpler words that you can actually understand will make you sound like a tiny bit less of a twat. But only a tiny bit, if you get basic facts wrong as you have done here.

    11. Re:Lawyers by gd2shoe · · Score: 1

      Court Fees... Personal Representative Fees... Attorney's Fees... Accounting Fees... Appraisal and Business Valuation Fees... Bond Fees... Miscellaneous Fees... After adding up all of these fees and costs, you can count on probate taking anywhere from 3%-8% of your assets away from your beneficiaries... [quoting from about.com]

      Vultures, the lot of them.

      Everyone pays taxes, and everyone dies. There ought to be no court fees. (There are now places where you need to pay the fire department if they every come to your property, despite paying taxes. Same thing.) Probate should not be an especially difficult process, nor should it involve fees or necessitate lawyers. Those should be for unusual circumstances.

      The government exists to serve the governed, not the other way around. We have forgotten that and let bureaucrats and politicians "restructure" our society to please their own egos and line their pockets.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    12. Re:Lawyers by david_thornley · · Score: 1

      As long as everything can be handled amicably by family members, there really isn't much use for the legal system. It gets more complicated when outsiders need to get involved, since they need to know they're doing the right thing.

      Should my wife be able to go to her mother's bank and say, "Hey, Mom died last week. Gimme half her money, and my sister will be by for the other half." without recognized legal documentation?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    13. Re:Lawyers by gd2shoe · · Score: 1

      Of course not, but even without a will, legal documentation should not be hard to get, nor should the family be charged by courts, lawyers, appraiser, etc. It should be routine. It's not like nobody ever dies. Instead, the judicial system uses it as a revenue stream (fees), and then the legislature uses it again in the form of estate taxes.

      It's only when family members are bickering and can't settle the issues among themselves that the full weight of the judicial system should be brought to bear. But lawyers just can't see life happening without their involvement.

      --
      I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
    14. Re:Lawyers by david_thornley · · Score: 1

      Legal documentation for this sort of thing is not hard to get. There are a few fees involved, true, assuming that you do intend to transfer wealth held by other people. I don't see an alternative.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  46. Cost of Court case vs buying a new one... by Taelron · · Score: 2
    There is one angle everyone here is missing. It would be cheaper to buy a new Ipad than go through a court case.

    Granted Apple would like that, another sale to boost the bottom line. But why would anyone waste spending $1500 or more in basic legal and court fees for an older/used $300~$400 device.

  47. Re:Why? by Joce640k · · Score: 1

    One way or the other, there will be problematic edge cases - and this sort of thing is one of them.

    Yep.

    This is a case of "silly grandma" for not writing down the password. Not Apple's problem.

    --
    No sig today...
  48. Re: Why? by Anonymous Coward · · Score: 2, Informative

    Did you miss the part of the summary where the legal executor sent a letter to Apple confirming her as legally dead?

    That is the definition under UK law of proving that somebody has died.

  49. As long as it's not the NSA ... by Taco+Cowboy · · Score: 2

    ...first, there may be content of value on the iPad, like photos or something...

    What matters is not photos or something, for Apples, so long as there is no profit to be made, they do not care.

    Furthermore, the family only a simple garden variety family of peons, and anything short of the NSA (and/or GCHQ) Apple won't give a rat ass about anything.

    It isn't about whether the iPad can be unlocked or not ~ of course Apple can unlock it with ease ( Apple, like any other American companies, must engineer in at least a backdoor in all their products to be utilized by the NSA), it's about the snobbish attitude of Apple towards its customers.

    --
    Muchas Gracias, Señor Edward Snowden !
    1. Re:As long as it's not the NSA ... by Anonymous Coward · · Score: 1

      Furthermore, the family only a simple garden variety family of peons,

      Precisely.

      And a walled garden looks fine when you're inside it, but as soon as you can't get back in, it starts to look more like a crypt for things you value.

  50. Re:Why? by ozmanjusri · · Score: 1

    Yep. That sounds like a working security model.

    You're right.

    If Apple can't plan for a common contingency like this in their security model, then they shouldn't choose to be in control of other people's property.

    --
    "I've got more toys than Teruhisa Kitahara."
  51. Apple and the law by send2erik · · Score: 1, Insightful

    I detest Apple but I think they have a point here. If you buy an iPad, you get ownership and the right to transfer the ownership of that iPad. However, when you buy an app, you buy a personal right to use the app. This right is not transferable. If it was, there would be a lively secondary market in apps. The fact that the owner dies does not make the apps transferable either. I assume the will only mentions transference of ownership of the iPad (which is valid) and maybe the apps (which is invalid). If the will doesn't mention other data, they will need a court order. Apple just wants to protect itself but as usual does it in their own arrogant and insensitive way.

    1. Re:Apple and the law by u38cg · · Score: 1

      The problem being the iPad is unusable without the account password, since iOS7. Don't think anyone's said they want to read her emails or use her apps.

      --
      [FUCK BETA]
    2. Re:Apple and the law by Kaenneth · · Score: 1

      That would make every parent who let their kid play 'Angry Birds' on their iPad a pirate. So I don't think that's the case.

    3. Re:Apple and the law by gnasher719 · · Score: 1

      I detest Apple but I think they have a point here. If you buy an iPad, you get ownership and the right to transfer the ownership of that iPad. However, when you buy an app, you buy a personal right to use the app. This right is not transferable. If it was, there would be a lively secondary market in apps. The fact that the owner dies does not make the apps transferable either. I assume the will only mentions transference of ownership of the iPad (which is valid) and maybe the apps (which is invalid). If the will doesn't mention other data, they will need a court order. Apple just wants to protect itself but as usual does it in their own arrogant and insensitive way.

      What you are saying is quite likely wrong, and definitely irrelevant. The problem is that the kids don't have moms password. If you yourself forget your iPad password, do you think Apple should be required to unlock the iPad for you? If you use full disk encryption and forget your password, Apple is actually not capable of unlocking it. If you use a secure passcode on your iPad, Apple is actually not capable of breaking that either (they can break a four digit passcode, but only if the iPad is taken to Cupertino). As far as purchased software is concerned, I'd be quite sure that it passes on to my heirs, because there is no sale involved. They just take over my role as legitimate owner.

  52. Re: Why? by Imrik · · Score: 2

    Now they just need to prove that the person that died is the person that owned the iPad.

  53. Re:Serial number by vandelais · · Score: 1

    A will is a legal document but it's not in force unless someone petitions the court on behalf of the estate (usually the appointed executor).
    The children did not do that.

    That is why you can't take a will to the DMV to get an automobile title changed..

    --
    Game: Player 'Donald J Trump' now has AI skill level 'experimental'.
  54. Re:Why? by Joce640k · · Score: 1

    Jokes aside here, Apple is just being a dick, which is really what we can expect from Apple. The inheritor is legally entitled to the data on that device (as they would to any other intellectual properties like writings, patents and works of art created by the deceased) and Apple have the capacity to unlock the device (which is scary enough on its own) but refuse to do so because, because, shut up, thats why.

    So...Apple should unlock devices for anybody who calls them and says "grandma died!"?

    --
    No sig today...
  55. Or maybe Apple is complying with the law ? by perpenso · · Score: 1

    Apple is just being a dick, which is really what we can expect from Apple. The inheritor is legally entitled to the data on that device (as they would to any other intellectual properties like writings, patents and works of art created by the deceased) and Apple have the capacity to unlock the device (which is scary enough on its own) but refuse to do so because, because, shut up, thats why.

    Or maybe Apple is complying with the law? They have not said no, they have said show us something from a judge. In the US we have probate courts that handle transferring owner of property as stated in a will.

    Frankly, it would be more of a security vulnerability to reset a password because you got a letter from a lawyer than instructions from a judge. A letter from a lawyer is social engineering (persuasion), even when real. It lacks legal authority, unlike instructions from a judge. Plus judges orders can be verified.

    1. Re:Or maybe Apple is complying with the law ? by mjwx · · Score: 1

      Or maybe Apple is complying with the law?

      Which law?

      I realise that in the American legal system a corporation is allowed to do whatever it likes, but in England the device owner has some rights and protections.

      Apple would be closer to violating the law here by not unlocking the device as the lock is controlled by Apple. But in the UK this is a civil matter not a criminal one so criminal laws do not apply however the owner can still take Apple to court and I'll bet Apples entire fortune that if it goes to court, the judge will order Apple to unlock the device.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
    2. Re:Or maybe Apple is complying with the law ? by tree_frog · · Score: 1

      This is exactly correct.

      As executor of a will you have to get probate, which means that a court has to confirm that
      1. The will is valid
      2. You are appointed as executor of the estate by the will
      3. You are a fit and proper person to be appointed as an executor (eg no convictions for fraud, etc)

      This is (in most cases) a rubber stamp - you send off the documents, and an official letter (the Grant of Probate) comes back from the court a few weeeks later.

      Until you have this, you have no legal standing. Once you have this, you have the right to dispose of the estate as per the will. Any organisation will ask to see the Grant of Probate, and will refuse to deal with you until you have this.

    3. Re:Or maybe Apple is complying with the law ? by Anonymous Coward · · Score: 1
    4. Re:Or maybe Apple is complying with the law ? by tree_frog · · Score: 2

      Probate is a standard part of English Law

    5. Re:Or maybe Apple is complying with the law ? by Joce640k · · Score: 1

      I'll bet Apples entire fortune that if it goes to court, the judge will order Apple to unlock the device.

      Are you clinically stupid or does it just take practice?

      All Apple has done is ask for a legal proof of ownership. At no point have they said they're not going to hand anything over, all they said is "follow the procedure".

      And no, a pretty letter on gold-embossed paper doesn't count as "legal proof" of anything. The legal system would collapse if it did.

      --
      No sig today...
    6. Re:Or maybe Apple is complying with the law ? by Goose+In+Orbit · · Score: 1

      Do you have bullet-proof legal documentation stating that you are the owner of any and every item that just so happens to be in your possession at this point?

    7. Re:Or maybe Apple is complying with the law ? by UnknowingFool · · Score: 1

      That's not Apple is asking for. Apple really is asking for an order from the court to absolve them from any liability for this iPad. They are putting it on a court so that if they device wasn't really hers they can't be responsible if the real owner starts suing.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    8. Re:Or maybe Apple is complying with the law ? by oh_my_080980980 · · Score: 1

      LMOL yeah it's not like Apple could not get the family to sign off on that. Apple does not need the court to do that! Morons.

    9. Re:Or maybe Apple is complying with the law ? by perpenso · · Score: 1

      LMOL yeah it's not like Apple could not get the family to sign off on that. Apple does not need the court to do that! Morons.

      So in your opinion the probate court system for executing a will is optional? Businesses are free to transfer accounts to people without court approval, including accounts that have monetary value or are linked to credit cards?

      Also, do you not understand the security vulnerability if Apple just starts taking people's word for it with respect to resetting passwords on Apple IDs?

    10. Re:Or maybe Apple is complying with the law ? by UnknowingFool · · Score: 1

      I think you fail to understand my point. Apple cannot be sure whose iPad it is. The family can claim that it was their mother's just like I can claim that iPad was mine. The family does not have an AppleID which the iPad appears locked as they don't have the information. All Apple is asking for is for a court not the family to absolve them from any liability.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    11. Re:Or maybe Apple is complying with the law ? by jo_ham · · Score: 1

      Christ have you read any of this thread or even TFA? It's in England there is no probate!

      You're really going with that?!

      Ok!

      Maybe you should have posted AC.

    12. Re:Or maybe Apple is complying with the law ? by geekoid · · Score: 1

      Maybe, but should Apple say "In accordance to the blah law, you must get a judge to order us to do this."
      That would seem like the rational and less expensive, and better PR approach.

      --
      The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
    13. Re:Or maybe Apple is complying with the law ? by Goose+In+Orbit · · Score: 1

      Do you have a birth certificate?
      Can you prove you are the person named on it?
      Remember - you can't use your family to back up your case...

    14. Re:Or maybe Apple is complying with the law ? by UnknowingFool · · Score: 1

      You seem to miss the whole point. If your relative died and they had an iPad, you can claim that it was your relative's to get it unlocked, but Apple only has your word that it was your relative's iPad. You don't even know the AppleID to which it was locked. . What it turns out it was not your relative's? What if it was a borrowed or stolen iPad. People lie all the time about what they own. From Apple's standpoint, a court order resolves them from liability if you are not the legal owner. They don't require absolute proof just legal protection.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    15. Re:Or maybe Apple is complying with the law ? by perpenso · · Score: 1

      According to the article Apple is asking for court documents. Although its not clear if they have been doing so from the initial contact. This probably had to work it way up a few levels of customer support to get to someone who knew what should be done. Lower levels probably only know to tell people to reset their password and check their email.

    16. Re:Or maybe Apple is complying with the law ? by Goose+In+Orbit · · Score: 1

      And you miss mine.

      Your birth certificate defines you.

      It can also be faked.

      Your Social Security ID is thus a fake.

      Your driving licence is thus a fake.

      Your passport is thus a fake.

      You are not who you say you are.

      At some point - someone has to trust something.

      If your birth certificate is enough... then her death certificate, will, and solicitor's word is enough.

    17. Re:Or maybe Apple is complying with the law ? by UnknowingFool · · Score: 1

      And you miss mine

      No I didn't. Your point is irrelevant.

      Your birth certificate defines you.

      What does this have to do whether Apple can know any particular iPad belong to an individual especially when the the individual's relatives do not know basic information like the AppleID of the that individual.

      It can also be faked.

      What does this have to do whether Apple can know any particular iPad belong to an individual especially when the the individual's relatives do not know basic information like the AppleID of the that individual.

      Your Social Security ID is thus a fake.

      What does this have to do whether Apple can know any particular iPad belong to an individual especially when the the individual's relatives do not know basic information like the AppleID of the that individual.

      Your driving licence is thus a fake.

      What does this have to do whether Apple can know any particular iPad belong to an individual especially when the the individual's relatives do not know basic information like the AppleID of the that individual.

      Your passport is thus a fake.

      What does this have to do whether Apple can know any particular iPad belong to an individual especially when the the individual's relatives do not know basic information like the AppleID of the that individual.

      You are not who you say you are.

      What does this have to do whether Apple can know any particular iPad belong to an individual especially when the the individual's relatives do not know basic information like the AppleID of the that individual.

      At some point - someone has to trust something.

      Finally, some semblance of a point. Apple has said they will trust a court. Period.

      If your birth certificate is enough... then her death certificate, will, and solicitor's word is enough.

      Again, her death certificate only says she died. The will and solicitor only says that her children get her possessions. Nowhere has anyone said legally that the iPad they have was once her possession. All they have is the word of her children which does not protect Apple from any legal liability. A court can say this. Apple will unlock the device when they get this legal proof. I'm sure that this isn't the first time that someone has tried to game a situation.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
  56. Re:Why? by mjwx · · Score: 1

    So...Apple should unlock devices for anybody who calls them and says "grandma died!"?

    Didn't read the summary huh, he presented Apple with the will, a legal document that transferred ownership. The only thing that has more power than that is a letter from the Executor accompanying the will.

    --
    Calling someone a "hater" only means you can not rationally rebut their argument.
  57. Re:Why? by SCPRedMage · · Score: 2

    They're not. They're in charge with helping you regain control of your own property.

    The point here, as has been pointed out here, is that Apple wants proof that the deceased woman in question is, in fact, the owner of that Apple ID. Yes, it's more than a little draconian, and they should have better means of making that connection other than a freaking court order, but the fact of the matter is that security and convenience are on a sliding scale, and while it may be just a tad too far towards security, they're still trying to look out for their customers.

    --
    My sig can beat up your sig.
  58. Probate court, not will, transfers ownership ? by perpenso · · Score: 1

    Apple have no legal standing here as a properly written will IS a legal document with the authority to transfer ownership

    I don't think the will itself has any authority to transfer ownership. Rather it is the probate court that has such authority and the will is the instructions to the probate court on how such transfers are to be made.

    Apple may be complying with the law by requiring instructions from a probate court.

  59. Re:Why? by ozmanjusri · · Score: 1

    This is a case of "silly grandma" Not Apple's problem.

    I believe you're thinking the way Apple's thinking. It's great you're on the same page with them.

    Me, I'm thinking about what it'd be like if my mum or dad died and left me their documents in a storage facility. I'd want to be able to read their recipes, look at the photo albums, read letters they'd saved. I'd expect to be able to do that with reasonable ease by providing the same level of proof I'd need to take possession of all the other goods they left to me.

    Pretty much what the family has already provided.

    If the vendor then chose to deny me access and insist I get a court order, I'd be unhappy, angry and deeply disappointed. And I very certainly would never use that vendor again, and I'd warn everybody I could to stay away from that vendor.

    So I think we all owe Josh Grant a vote of thanks for speaking up and warning us about this heartless company. Anyone who values their family's thoughts and images should avoid buying their product, and warn their friends and family away from it as well.

    --
    "I've got more toys than Teruhisa Kitahara."
  60. Re:Why? by Anonymous Coward · · Score: 1

    And Apple asked for proof the Apple account and iPad they're claiming are hers are actually hers. My grandma died recently too; should I be able to send Apple proof of her death along with her will bequeathing me an iPad and have Apple give me access to YOUR Apple ID and all your devices? [Assume for the sake of argument that you have one.]

  61. Re:It's not difficult by corbosman · · Score: 1

    Have you ever dealt with a death? None of those proof you are the executor. You get a specific document from the courts saying that, yes, this person is by law able to take possession of all of the estate, and distribute it as per the will.

    The death certificate just says "this person died".

    The will just says 'if I die, id like my possessions to be distributed this way"

    A solicitor can write whatever they want. My solicitor wrote a letter I should get all of Job's online content, but they didn't listen to him either.

    The only thing that matters is the document saying you are assigned to execute the will and handle all estate matters.

  62. Re:Just tell the police it has child porn on it by Chrisq · · Score: 1

    That makes it easy

    1. Inherit IPAD
    2. Join Police force
    3. Profit

  63. Re:Why? by DrXym · · Score: 2
    Sadly rights holders own the data. When you "buy" music, books, videos or apps on a device you are only buying the license to use said content. If the license says "non transferable" then that's the end of the discussion.

    It serves everyone right for blindly walking into this situation. Digital content could be regarded as property but it isn't. I suspect the argument made by content owners is that anyone make a copy of a file whereas it takes too much effort to copy a physical item and the copy is imperfect.

    But that's not really a good argument. We've already seen from the likes of digital libraries, Ultraviolet etc. that DRM protecting content is viable. The problem is that the DRM is focussed on protecting the content owners, not the individual. So when I buy a video and watch through Ultraviolet, the services offers no way for me to sell my content, or loan it, or even back it up.

    What is necessary is content neutral DRM that imbues digital content with characteristics similar to physical content. e.g. when I buy an e-book it should be MY book. How could it do that? Well the book could be encrypted against a key held in a token. The token is given to me and I install it onto my registered devices. I can read the book on any of those devices. If I wish to sell the book, then I transfer the token to someone else and my devices lose the ability to read the book. Now within reason it is essentially property - there is only one readable copy of the book at any given time. I can also sell, loan, donate or bequeath the book by using the service to give the token to someone else. The system could facilitate permanent or temporary transfer of tokens. It could even incorporate a form of "wear and tear" by slowing down the time taken to transfer tokens based on how much they were transferred previously, e.g. a book which has been loaned 100 times might much longer to complete transfer of ownership which would incentivize services to buy new copies.

    Aside from allowing people to actually own books or other content, it has other benefits. Many countries treat a license as software and slap a tax on it that other forms of content escape. If I wasn't buying a license but the actual book then I would benefit from the lower rates of tax that apply and the store that sells those books does so for less money. I can move my content to other, better devices, or back it up or do anything else I like with it subject to normal copyright laws.

    The problem of course is the likes of Apple, Google, Amazon etc. don't want people to own content and they certainly don't want people to be able to move it around. Therefore it needs someone strong like the EU to define what digital property actually is, the formats it should be in, the framework it must implement and then compel or incentivize platforms to support it.

  64. Re:Why? by gnasher719 · · Score: 1

    Didn't read the summary huh, he presented Apple with the will, a legal document that transferred ownership. The only thing that has more power than that is a letter from the Executor accompanying the will.

    For security to be 100% secure, Apple shouldn't even have the ability to unlock the device without the right AppleId and password. If Apple can't unlock my iPad, then I'd hope that some common thief can't unlock it, and the NSA can't unlock it. If Apple can unlock it, then thief and NSA might be able to do it as well.

    But also if there is a simple and convenient way for the legal owner to ask Apple to unlock a device, then there is also a simple and convenient way for thief's and NSA to ask Apple to unlock the device.

  65. Re:Why? by Anonymous Coward · · Score: 1

    Are you stupid or just willfully ignorant? Have you heard about the part about furnishing legal documents to prove they were the rightful heirs? This isn't a social engineering hack via telephone. If a thief wants go through this process, he'd also get charges of wire fraud or mail fraud on top of it.

    I also hate to break it to you, but one could use the same legal process to do the same to your house, car, banking and retirement accounts. Now you won't be able to sleep at night knowing that all your major assets are not covered by a "working security model".

  66. Apple == A$$holes by erroneus · · Score: 1, Insightful

    What else is new? Human interest takes a back seat to Apple's interests. I'd suggest they have no respect for the dead, but in this case, they are respecting the will of Jobs by carrying on as he would.

    (yeah yeah, troll modding here I come. He was pretty famous for being a major ass.)

    1. Re:Apple == A$$holes by jo_ham · · Score: 2

      What else is new? Human interest takes a back seat to Apple's interests. I'd suggest they have no respect for the dead, but in this case, they are respecting the will of Jobs by carrying on as he would.

      (yeah yeah, troll modding here I come. He was pretty famous for being a major ass.)

      So, when they were the subject of severe criticism for having lax security (justified in my opinion) after someone used social engineering to reset a reporter's Apple ID you hated them then, and now that they responded to that criticism and improved their security to be less convenient they're still to be hated?

      Got it.

      You're a very angry person when it comes to Apple. How much of your time would you say you spend raging on the internet because people buy products from a company you don't like?

    2. Re:Apple == A$$holes by erroneus · · Score: 1

      1. I don;t know anything about the case you speak of
      2. Providing a death certificate and a will is more than proof needed in this case. There was no one to be protected.

    3. Re:Apple == A$$holes by jo_ham · · Score: 1

      1. I don;t know anything about the case you speak of
      2. Providing a death certificate and a will is more than proof needed in this case. There was no one to be protected.

      2) No it isn't. A court needs to validate the will, which is what is being asked for here. A will can be acted on with a simple executor in most cases, but in areas where third parties get involved (unlocking safes, transferring assets between banks, etc) the will is required to be officially ruled on by the court to ensure that a) it is the only will that will be legally in effect (in case the woman wrote more than one), and that b) she is the actual owner of the iPad and it's not a stolen one that they're trying to pass off as hers.

  67. Re:Why? by GrahamCox · · Score: 1, Insightful

    Actually, the box says "Your Apple iPad" inferring that Apple still own it and you're just using it.

    Disingenuous bullshit. Ford don't own your car, yet it says 'Ford' right there on the front grille!

  68. Re:I am an ex-microsoft shill by gnasher719 · · Score: 1

    Putting all that aside - I'd hate anyone who could look at a dead mothers will and decide to enforce an EULA over a piece of plastic with metal that happened to contain information the children could hold dear. It's just wrong.

    It's not a EULA. It is an anti-theft protection measure that the user took themselves. If I forget the password to my keychain, all information is gone. I would be very, very upset if Apple even had the ability to unlock my keychain. iPads can be protected by requiring anyone to have the Apple ID and password to unlock it. Great theft deterrence.

  69. Re: Why? by Joce640k · · Score: 1

    So... all it takes to hack an Apple account is to send them a letter on official-looking paper?

    I'll stick with "court order", thanks.

    --
    No sig today...
  70. Re:Why? by LocalH · · Score: 1

    Technically correct, but pragmatically useless. Devices running iOS 7 with Find my iWhatever enabled will not be able to activate, even after a DFU restore, without the original Apple ID and password. The only way around this I know of would be to have an A4 device with the requisite SHSH blobs to downgrade below iOS 7.0, and whether one could then change the Apple ID and restore to iOS 7 I don't know.

    --
    FC Closer
  71. Re:Why? by gnasher719 · · Score: 1

    If the vendor then chose to deny me access and insist I get a court order, I'd be unhappy, angry and deeply disappointed. And I very certainly would never use that vendor again, and I'd warn everybody I could to stay away from that vendor.

    So your mum or dad went to the storage facility. They were worried that someone could break in and steal their stuff, or that someone could trick the storage facility into handing over their stuff. The storage facility offered this security feature: They took a photo of mum and dad, gave them a key, and promised that 100% nobody would get the things except if they match one of the photos and have the key.

  72. Re:Why? by gnasher719 · · Score: 1

    If Apple can't plan for a common contingency like this in their security model, then they shouldn't choose to be in control of other people's property.

    They aren't in control. The user is in control. It's an anti-theft protection that the user has to turn on themselves. Once they do that, they mustn't forget the password. Or leave it in a will. Like if you don't write the number of your secret Swiss bank account.

  73. Re:Why? by Joce640k · · Score: 1

    If the vendor then chose to deny me access and insist I get a court order, I'd be unhappy, angry and deeply disappointed. And I very certainly would never use that vendor again, and I'd warn everybody I could to stay away from that vendor.

    Would you feel "unhappy, angry and deeply disappointed" if Apple handed your account over to the first hacker who sent them a letter on embossed paper?

    Apple has a procedure in place for this situation, all you have to do is follow it. You may not like the procedure but it exists for a reason.

    --
    No sig today...
  74. Re:Safe without keys by Joce640k · · Score: 1

    A safe is usually inside a building so ownership of the safe is clear.

    An Apple account in the cloud? Not so much.

    --
    No sig today...
  75. Re:Why? by Joce640k · · Score: 1

    Yep. Granny might have left the iPad but withheld the password for a reason.

    It would be sooooo funny if they went through the whole court procedure and found a load of granny-porn on there (and not much else!)

    --
    No sig today...
  76. Re:Why? by lucm · · Score: 1

    Gender and age mean nothing as far as hardcore stuff goes.

    A long time ago I was working as a field tech in a large organization, and the most disturbing collection of hardcore porn that we ever found was on a laptop belonging to a lady in her late 50s. It was a company laptop, not her own.

    Some of the stuff was so bad that the cops were called. I was not the one doing the inventory but I remember the face of the dude who did, and I bet he still has nightmares. I won't get into too much details, let's just say that some of the files on that computer would have come up if someone had done a keywords search for "rape" AND "diapers".

    --
    lucm, indeed.
  77. Re:Serial number by gnasher719 · · Score: 1

    Why was that marked insightful? You don't put the VIN number for the cars you own in your will either, nor do you put the serial numbers from each electrical appliance, watch or other worldly possessions. Why is it suddenly that this is on the family to prove for this particular type of device, A Will is a legal document, if Apple thinks the item might be stolen then it is on Apple to prove it, not the family.

    That doesn't make sense. If you want Apple to do anything, then it is obviously up to you to demonstrate why Apple should to it. If Apple is asked to unlock your stolen device, do you think the thief should be able to say "it's up to Apple to prove it's stolen, not up to me to prove it isn't"?

  78. Re:Why? by gnasher719 · · Score: 1

    Apple should have no skin in this game, they don't own any part of it.

    Apple would be (rightfully) slaughtered if they had policies that made it easy for every crook to get a stolen iPad unlocked. So yes, they absolutely have the right to care about this.

  79. Re:Why? by Joce640k · · Score: 1

    >

    If Apple can't plan for a common contingency like this in their security model, then they shouldn't choose to be in control of other people's property.

    They HAVE planned for it (duh!)

    Their plan was to require a court order, ie. a judge looks at their paperwork and signs off on it as "genuine".

    --
    No sig today...
  80. Pay a 16 year old to do it... its not complicated by Karmashock · · Score: 1

    The tools for resetting the firmware on an ipad can be found with a simple search. Worst case, jail break it.

    And after that who cares what apple says.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  81. Executor is the legal representative by Peter+Simpson · · Score: 1

    Written authorization from the executor of the estate should be all that's required, as s/he is the legal representative of the deceased for the purpose of winding up the estate.

  82. Re:Why? by AmiMoJo · · Score: 5, Insightful

    If the license says "non transferable" then that's the end of the discussion.

    Not in the UK or EU. Digital sales are treated as sales, not licenses. Doesn't matter what the EULA says, if the said "buy this song" or "purchase app" then you have full consumer protection rights and full legal ownership of the copy. You can sell your legally purchased MP3s.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  83. Re:Why? by Goose+In+Orbit · · Score: 1

    What lawyers? Have you seen their accreditation? It's just a piece of paper after all...

  84. Re:Does Apple have the ability to unlock the devic by fuzzywig · · Score: 1

    They could change the password for the account and give that password to the family, pretty simple really.

  85. Re:Just hack it but what are the laws like UK over by ConfusedVorlon · · Score: 1

    Does the UK have that stupid digital-lock law?

    Nope.

  86. Re:Why? by Lumpy · · Score: 1

    Incorrect. Bought a friends ipad air, I did a complete wipe and DFU restore. IT came up as a "new" ipad, and I was able to giv it my credentials. I never had to know my friends information at all.

    They can simply wipe the ipad using any of the well documented techniques online and restore it to Out of the box condition. This has been the case for every single ipad from ipad 1 to current.

    Otherwise used ipad sales would drop like a rock as you will need the original purchaser's credentials to ever use it.

    --
    Do not look at laser with remaining good eye.
  87. Re: Why? by bobdawonderweasel · · Score: 2

    Let's look at this another way. In the United States if I am the executor of an estate I can get full access to any assets with a certified Death Certificate and copy of the Executor Letter. Any bank will accept that, so why won't Apple?? BTW: The Executor Letter is a court order. Personally I think Apple is being a corporate dick in this case.

    --
    "We'll cross the minefield under the cover of daylight..." -A. Rimmer
  88. Re:Why? by Lumpy · · Score: 2

    Bingo!

    I have a red envelope in my safe that has ALL my usernames and passwords for everything I own and every account I have online. and Yes I update it quarterly.

    If I am dead, I need to give the executors of my estate full control over everything with the least hassle, and that is in the clear written down on the piece of paper in that red envelope.

    --
    Do not look at laser with remaining good eye.
  89. Re:Why? by RabidReindeer · · Score: 1

    What lawyers? Have you seen their accreditation? It's just a piece of paper after all...

    Dewey, Cheatem and Howe.

  90. How is Apple Acting in Bad Faith? by Ronin+Developer · · Score: 5, Insightful

    I have read most of the comments up until now. Frankly, most seem as if they were written by a bunch of Apple haters.

    The article clearly states that while Apple acknowledges the woman is dead and the person to be the executor of her account, they require a court order and/or proof she is the rightful owner of the device. Why?

    We have no reason to doubt the the executor or the heirs that the device belonged to her. But, being unable to provide the unlock code to her iPad nor her Apple Id and associated password (which, could instantly demonstrate it was her device via their FindMyIPhone service), Apple is unwilling to unlock it. They demand further proof of ownership (or, prior ownership).

    Why?

    First, there are DRM considerations. When a person uses an Apple device and "purchases" certain products through iTunes, they have a non-transferable license to use that material. Unlocking the device, without court order, could subject Apple to litigation by the owners of the DRM software.

    Let's assume that the person presenting the iDevice is the legal heir to the device (i.e. it belonged to the deceased and bequeathed to them). Apple is asking for a court order directing them to access the device and remove their legal liability for providing such access to the data on the device and the the violation of privacy. If it were a house or vault, would you not want to make sure that the person you are giving the keys has a legal right to enter the premises?

    Next, let's consider the owner has email accounts. The iDevice will, likely, automatically access those email accounts. Services such as FaceBook, Yahoo!, Hotmail, and GMail try to protect the ownership of the private content of those systems - people have a right to an expectation of privacy - even after death. It's in their terms of service. As an heir, you may or may not have a legal right to access those accounts of the deceased individual.

    Just last year, I think it was, there was a case where the family of a deceased soldier wanted access to his email. It was denied by the company until a court order was granted.

    If Apple unlocks the device and such services are accessed without human interaction (originally, the grandmother had access since she knew the code), you have just violated her privacy (dead or not). Would YOU want to be on the receiving end of a lawsuit where there was information in those private accounts that caused harm to another individual she communicated with via those email accounts? Perhaps, she had a secret life and wanted it kept that way? Maybe she was the mistress of a married man and the disclosure would bring that to light, destroy what was left of his marriage, or open him to a civil litigation? Or, maybe, even a claim against the family of the deceased woman which might go after her assets.

    We all kick and scream here about privacy. And, when a company, such as Apple ACTUALLY tries to do the right thing in protecting it, they are scorned and hated. That's why I say it sounds like most of the posts here are from Apple haters.

    Let the family produce a court order to have Apple access the device. Apple can look up the serial number (assuming she registered the device) and find the associated Apple ID. And, one would presume they could then unlock the device if in their physical possession (assuming, there isn't some master unlock command they can send). They would, legally, have to wipe the DRM material from the devices or follow other instructions in the court order. And, to keep themselves out of trouble, delete the email accounts and other apps that might automatically log in to a private system BEFORE turning it over to the Executor (unless, the court order grants them legal and civil protection).

    Pictures and documents might be stored on cloud services vs on the device itself. In that former case, I hope the family has the passwords to those services so they can access them.

    As I get older, I realize that there is a possibility I could die anytime

    1. Re:How is Apple Acting in Bad Faith? by oh_my_080980980 · · Score: 1

      So let me get this straight, that's a stolen iPad? Is that what you are saying? Because you can't be saying anything else. The whole reason you want this family to jump through hoops is that you believe the iPad is stolen. I suspect it would be a simple matter for Apple to determine the owner of the iPad. They then can compare that against the death certificate to indeed confirm the owner is dead. They can also review the will that indeed the person was bequeathed the iPad. So basically Apple and you, are being a bunch of douche bags.

    2. Re:How is Apple Acting in Bad Faith? by Ronin+Developer · · Score: 2

      No. Never said anything of the sort. I said that for Apple to legally comply, they would require a court order and to make sure that the machine is legally the property of the Estate and that DRM protected items remain as such, and privacy is not violated. When Apple gets the court order, they will comply with that order and within the letter of the law. If they don't, that's another story altogether, isn't it?

      It should give you time to pause and reflect to make sure that you have your affairs in order when it comes to your digital assets should you pass away. The fate of digital assets when someone dies is still, pretty much, a crapshoot, with few companies having stated policies on the matter or legal precedence set.

      Clearly, the owner of the device has passed and the license for the DRM is non-transferrable. Apple has an obligation, under contract, to protect that content since the original licensee - has, sadly, passed away. This is is an issue that should be taken up by the higher courts and resolved as our laws have not evolved as quickly as technology. Yes, I feel for the family and I understand their frustration. At the same time, I can see Apple's reluctance to just unlock the device because someone arbitrarily says so and risk opening themselves up to litigation.

      And, I would encourage you to think about such things as you prepare your own Will so as to prevent such a situation for those in your family when the time comes. Make sure that important account information is left in the Will or with people you trust. It's not something most people think about, is it? Maybe, its time we do.

      So, how exactly, does that make Apple or me a bunch of douche bags?

    3. Re:How is Apple Acting in Bad Faith? by jo_ham · · Score: 2

      So let me get this straight, that's a stolen iPad? Is that what you are saying? Because you can't be saying anything else. The whole reason you want this family to jump through hoops is that you believe the iPad is stolen. I suspect it would be a simple matter for Apple to determine the owner of the iPad. They then can compare that against the death certificate to indeed confirm the owner is dead. They can also review the will that indeed the person was bequeathed the iPad. So basically Apple and you, are being a bunch of douche bags.

      A will is not enforceable in the UK until a court says so. Usually it's not necessary (and cheaper), but until it's done (the hassle that the family are complaining about) it's just a piece of paper.

      Apple is following the law and has seriously tightened up their security after the last debacle involving social engineering and a reporter who had his Macbook remote wiped by a third party. They got slammed for that, so they fixed it. Now they're getting slammed for being on the side of security instead of convenience.

      With that court order (which will be trivially granted) Apple will reset the Apple ID. Until then they only have the word of the children and a fancy solicitor's letter that the iPad belonged to the mother - I mean, they don't know the login details - and they want to be sure. It's almost certainly not stolen, and almost certainly has been included in the will - there can be different wills that say different things, until one is determined to be the actual one, as defined by (guess what) a court of law).

      Hate Apple all you want, but what they're doing is pretty standard and is adhering strictly to their updated security policies - policies that were put in place after they took major flak for a pretty serious security breach in the past. But you know, hate them if they are too lax, hate them if they are too secure - it's all gravy for an Apple hater.

  91. Re:Why? by Anonymous Coward · · Score: 1

    It's only been a year or so since Mat Honan got all his Amazon, Google, and Apple data wiped because someone was able to trick their way into his accounts. Apple got castigated over that, and implemented a lot of extra security to try to prevent that sort of thing from happening again. Well, guess what? You can't have it both ways. One way or the other, there will be problematic edge cases - and this sort of thing is one of them.

    Apple has to stand their ground here, otherwise they would be promoting murder. Who wouldn't kill their grandma to get an ipad?

  92. Re:Why? by tbuddy · · Score: 1

    Apple has a part in making sure their locks are good. If I lose my passcode to my iPad I'm out of luck. Regardless of how compelling the story is it doesn't change their unlocking policy. If they could convince the police that grandma was involved in some sort of illegal activity and get a court order they may have better luck.

  93. Re:Why? by Anonymous Coward · · Score: 1

    Incorrect. Bought a friends ipad air, I did a complete wipe and DFU restore. IT came up as a "new" ipad, and I was able to giv it my credentials. I never had to know my friends information at all.

    Then your friend had never registered it with iCloud.

    They can simply wipe the ipad using any of the well documented techniques online and restore it to Out of the box condition.

    No, they can't. Go try this with your iPad Air:
    1) Make sure you can find it via Find My iPhone, if not, get it registered with iCloud
    2) Back it up
    3) DFU it
    4) Reinstall it

    The first thing it will do is say "hey, this iPad is registered with iCloud, you need to enter that user's password before you can do anything with it".

  94. Re:Why? by jedidiah · · Score: 1

    >> You're saying they should just hand over the keys to anybody who calls claiming "grandma died"?
    >
    > Yep. That sounds like a working security model.

    There are these things called legal documents. They establish ownership of personal property and can allow for transfer of such property. Been like this for centuries. Millenia even.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  95. left apple, happy by tatman · · Score: 1

    this article justifies my reasoning to give up on apple products. they make great products but when its comes to solving problems, you're pretty much screwed. I've had similar situations. Other than hardware reset of the devices (and losing content), I've received no help from apple.

    --
    I've always said English was my second language. Had Romeo and Juliet been written in C, I might have understood it.
    1. Re:left apple, happy by jo_ham · · Score: 1

      this article justifies my reasoning to give up on apple products. they make great products but when its comes to solving problems, you're pretty much screwed. I've had similar situations. Other than hardware reset of the devices (and losing content), I've received no help from apple.

      You're justifying leaving them because they're following the law?

      That's a new one on me, but whatever floats your boat I suppose.

  96. Re:Why? by Marxist+Hacker+42 · · Score: 1

    This is why it is vitally important to have *TWO* wills for any piece of electronic equipment, the open one and the sealed one. The sealed one contains the passwords.

    --
    SJW: a person who perceives an injustice, and while correcting it, commits a greater injustice.
  97. Re:Why? by Rene+S.+Hollan · · Score: 1

    Perhaps, but anything not belonging to third parties DOES belong to the deceased and should be bequethed as directed.

    Now, getting a court order in a case like this should be trivial: the order is quite specific, the motion to the court to make the order simple, and the evidence clear.

    --
    In Liberty, Rene
  98. Over complicating by joelbell82 · · Score: 1

    Why not just get access to the email address and send the password reset. Now you have access to the device password and password access to device. It's not that complicated.

    1. Re:Over complicating by jo_ham · · Score: 1

      Why not just get access to the email address and send the password reset. Now you have access to the device password and password access to device. It's not that complicated.

      They don't know the email, or the password.

  99. Re: Privacy by PC_THE_GREAT · · Score: 1

    Well journals couldn't be secured that much in the old days. Now we can hence we have no excuse not to respect the privacy of the dead.. Following ur logic if u found a journal which had a lock in it u wud still have had to break it if u were not given the key. Hence breaking in :)

  100. Re:Why? by technomom · · Score: 1

    I can't speak for data ownership for the others but at least Google has its Inactive Account Manager which lets you "will" your data to someone else. You can also, at any time, download all your photos, video, and other content using Google Takeout.

  101. Re:Why? by gnasher719 · · Score: 1

    I can't speak for data ownership for the others but at least Google has its Inactive Account Manager [google.com] which lets you "will" your data to someone else. You can also, at any time, download all your photos, video, and other content using Google Takeout [google.com].

    Which doesn't help you if you don't have the username and password. If the sons had the Apple Id and Password, there would be no problem. Let me summarise what actually happens:

    1. If you use a passcode (4 digit PIN or more) and forget it, nobody can access the data on your device anymore. However, you may be able to reset the device.
    2. If you haven't turned no theft protection ("Find my iDevice") you can always wipe the device, So you just have a new, empty device. If "Find my iDevice" is turned on then you need the AppleId + Password to wipe the device.
    3. If you wiped the device, have AppleId + Password, and used the free iCloud backup, then all the data can be restored from the cloud.

    It seems that "Find my iPad" was turned on and they don't have AppleId + Password.

  102. Re: Why? by oh_my_080980980 · · Score: 1

    You mean like a court order, which is an official looking piece of paper....dumb ass.

  103. Re:Why? by mlts · · Score: 1

    I would never claim even close to 100% security (in fact, when I hear that term, "100% secure", it is something that means Murphy (or Muphry [sic]) is right around the corner.

    However, I do like the fact that Android uses dm-crypt. AFIAK, the standard is well documented, well tried and true, and doesn't have any backdoors in it. Of course, they can be added, but for any disk encryption implementation, it is as good as it gets. iOS encrypts as well, but I am leery of its "magic chips" that control the keys, as opposed to just typing in a long passphrase on device bootup, then using a short screen lock PIN when the device is running. (You can separate the two via a root app or via "su -c vdc cryptfs changepw newpass" on a root ADB shell.) I am far more confident that my insanely long passphrase (similar to "correct horse battery staple") will do a decent job in warding off a brute force attack, than trusting a chip which I know has a backdoor in it.

    Of course, there are remote attack vectors, but on a local level, dm-crypt is pretty secure.

  104. Re:Why? by oh_my_080980980 · · Score: 1

    LMOL ok moron...yeah that's planning....where is this listed that you need a court order. Let's see that advertised. Google should be drawing up commercials, "you don't need a court order to bequeath your android device to your loved ones"....

  105. Re:Why? by oh_my_080980980 · · Score: 1

    No they don't have a procedure. If they did they would have instructions about transferring an iPad to someone else. But yeah Apple is going to get deluged with a bunch of official looking letters....FYI a court order is an official looking paper. Pinhead.

  106. Re:Why? by SecurityGuy · · Score: 1

    The inheritor is legally entitled to the data on that device (as they would to any other intellectual properties like writings, patents and works of art created by the deceased)

    That may be true, but I don't see how you giving someone your iPad creates an obligation on the part of a 3rd party to help you read it. If you're going to give someone your iPad after you die, give them the password, too. Maybe dear old mum is quite happy for them to have the physical device, but didn't want her children pawing through her digital life. Who is Apple to decide that?

    Jokes aside here, Apple is just being a dick, which is really what we can expect from Apple.

    Quite possibly. Were I Apple, I'd want to help out, but I also wouldn't want to set the precedent that you can call me up and ask me to unlock someone else's device and I'll do it. Now if you give me solid legal cover, like, oh, say...a court order, then absolutely I can help you out.

  107. I'm just fuckin' with ya by NicknamesAreStupid · · Score: 1

    It would not be the first time the deceased left a will with a prank inside. Given the vulture-like disposition of some relatives, she might have left the map to her fortune inside the iPad. I would. Without the password, the data would be lost, as the password is used to encrypt the data.

  108. Re:Why? by Zalbik · · Score: 1

    Apple is right, your mother gave you the iPad, not the data on it.

    Bullshit. If his mother had left him her journal, which had a lock on it, would you consider it reasonable that a locksmith refuse to open the journal based on the same argument?

    This idea that the "data" is somehow magically separate and distinct from the device is as ridiculous as Descartes idea of mind-body dualism.

    Or to put it another way: If they found a piece of paper with her password on it, unlocked the device and sold all the pictures on it, would this be illegal? According to your theory yes, as they don't "own" that data.

    They own the physical device, including the configuration of electrons contained within that device. Apple not allowing them access to that configuration is a convenient fashion is just a jerk move by Apple. Luckily now that this is getting some press, the will likely back down. It's unfortunate that this is what it takes for people to do the right thing nowadays though....

  109. Re:Car Analogy by SecurityGuy · · Score: 1

    No, but you also can't call the manufacturer and insist they unlock it for you. If they happen to offer that service, sure, you can use it, but the manufacturer might very reasonably require you to prove you have the legal authority to do so, which is pretty much what Apple is doing.

  110. England has had probate since the 14th century by perpenso · · Score: 1

    Christ have you read any of this thread or even TFA? It's in England there is no probate!

    From wiki:

    "A representative example of a complete probate clause, from the 14th century (or earlier) onwards ...
    "This will was proved at London before the worshipful Sir Richard Raines, knight, Doctor of Laws, Master Keeper or Commissary of the Prerogative Court of Canterbury, lawfully constituted, on the twenty third day of the month of June in the year of our Lord one thousand six hundred and ninety seven, by the oath of Mary Bathurst, relict and executrix named in the said will, to whom administration was granted of all and singular the goods, rights and credits of the said deceased, sworn on the holy Gospel of God to well and faithfully administer the same. It has been examined"."

  111. Re:Why? by KingMotley · · Score: 1

    More like.. Here at google, you don't need a court order to get access to accounts you don't own, we give that information away to anyone!

  112. Counterpoint by Voyager529 · · Score: 1

    I subscribe to a service called PrimeCuts. It's a service that gets music in the hands of mobile DJs and radio stations, with the full blessing of the RIAA (not that I necessarily desire to be in the RIAA's good graces, but if the Tannenbaum and Thomas-Rasett cases prove anything, it's that they aren't fair regarding noncommercial infringement, thus, commercial infringement in the context of being a mobile DJ would involve that much less fairness...). I cannot (legally) sell the CDs they send me on eBay. I'm pretty sure I can't even legally give them away, for free, even as a permanent transfer. My only recourse, should I wish to absolve myself of the CDs, is to sell my DJ business. The discs are a business asset and they can be permanently transferred as a part of the whole business being transferred, but not as discs by themselves. I think that there is merit to some sort of parallel in this case.

    Usual not-a-lawyer disclaimers apply, but my logical reasoning says that a permanent transfer of the iTunes account would allow for digital content to be used by the beneficiary of the will. The apps/music/videos are still tied to the same iTunes account and aren't being transferred between accounts (a requirement for your 'secondary market' analogy to apply), but the account is being used by the beneficiary of the will. Now, for this to work, there needs to be a few things determined:

    1.) is digital content given to an account, or a human?
    1a.) If account, is it a reasonable argument that since the iPad was left, that the account is an inexorable part of the device? e.g. if a house is stated in a will, but the keys are not, is the beneficiary thus not allowed to enter the house?
    1b.) If human, does the Apple EULA explicitly state that the rights cannot be transferred within a will? If so, it seems grounds for a court battle, since intellectual property is transferred all the time as a part of a will - art, vinyl records, DVDs, computer software on plastic disc, etc. Is there sufficient legal precedent to state that content purchased from Apple is not subject to the same laws that allow DVDs to be subject to the terms of the will?
    2.) Could it be argued that the only reason this case exists is because there is a passcode on the device, without which, Apple probably wouldn't have been contacted in the first place?
    3.) It is entirely possible that there are notes, voice memos, photos, and videos that were generated by the deceased, not by Apple or its licensors. Apple's withholding of the passcode prevents the user from accessing that data, which seems like shaky ground as well.

    Then again, this is the problem with 'magic boxes' - people don't quite understand exactly how things interrelate, which means that things that aren't explicitly specified are subject to ambiguity for no reason.

  113. Re:Why? by KingMotley · · Score: 1

    Resorting to name calling because your argument is weak, is pretty typical. Apple has a procedure in place for this situation, it's codified in a giant set of books entitled "LAW". Follow them, and it works.

  114. Re: Why? by Ronin+Developer · · Score: 1

    Uh no. It will give you access to many things and help pave the way. If the policy of a company is not disclose the information without a court order, the Executor can request one on behalf of the Estate. If the court agrees the request is reasonable (in this case, it probably is), you get the order. Just make sure to file in the right jurisdiction so the order will be followed. Often, this is based on the state where the company filed their incorporation papers.

    That's why you designate an Executor in your Will and Last Testament. The Executor doesn't have to be a family member so the responsibility doesnt have to fall upon a grieving family. Executorship gives them the legal authority to act on the deceased's behalf with the courts. But, I am not sure that every state or other countries have to honor that authority. And, if you don't have a Will, the responsibility goes to the State's Probate Court - seldom a good idea. Write a Will and assign an Executor.

  115. Re:Serial number by rk · · Score: 1

    If I could hatch and execute a plan like this, you can bet that I would set my sights on a prize a little bigger than a few 400 dollar iPads.

  116. easy to bypass by luther349 · · Score: 1

    as long as you can unlock the device its self easy enough assuming she just has the stock unlock style. you connect the ipod to a 3rd party soft where to dump the mp3s and data. then go ahead and just reflash the ipad under a different account then send all the data back i have done this.

  117. Re:Pay a 16 year old to do it... its not complicat by jo_ham · · Score: 1

    The tools for resetting the firmware on an ipad can be found with a simple search. Worst case, jail break it.

    And after that who cares what apple says.

    Since iOS 7 if you DFU restore a locked iPad it will be bricked without the Apple ID that locked it. This is an anti-theft measure installed after they had major criticism for their security being too lax.

  118. I hate Apple because it is..... by cheruscii · · Score: 1

    I have fond memories of the good old days when I packed up all that Apple crap and sold it.

  119. Sounds logical, but uncool by nurb432 · · Score: 1

    They are not obligated to violate any contacts they had with the deceased. They also are not obligated to violate the person's privacy.

    With no explicit permission how is Apple to know that the dead person was going to be ok with their family trampling thru her files, browsing history, email? its one thing to give out the device, but its another to give out the data and should be spelled out explicitly.

    As a compromise Apple could either remote wipe it for them, or give them a new one. I support their stance to keep private data, well private.

    --
    ---- Booth was a patriot ----
  120. Re: Why? by shilly · · Score: 1

    He was distinguishing between official looking and actually official. I'm sorry that was too subtle for you

  121. Re:Why? by gsslay · · Score: 1

    Apple should have no skin in this game

    In which case they should just walk away... but wait. They are being asked to provide access to it. Guess they are back in the game, by specific request.

    In which case it is not unreasonable that they ask for proof over who exactly owns it.

  122. Re:Why? by geekoid · · Score: 1

    Apple an reset the password is nothing else.

    But that's not the issue.Apple isn't saying they can't, they are saying they don't want to.

    "But also if there is a simple and convenient way for the legal owner to ask Apple to unlock a device"
    So having a will, a death certificate, a solicitor, and willing to personally meet with Apple is now simple and convenient?

    --
    The Kruger Dunning explains most post on /. http://en.wikipedia.org/wiki/Dunning%E2%80%93Kruger_effect
  123. Re:Why? by bev_tech_rob · · Score: 1

    They have all the freaking documentation they need to prove that gramma died!!! QUIT BEING A TROLL!!!! >:(

    --
    You're messin' with my Zen Thing, man.....
  124. Re:Pay a 16 year old to do it... its not complicat by Karmashock · · Score: 1

    I'd be surprised if there were no way to bypass that.

    You know apple has a backdoor. If you gave them a locked machine they could unlock it. Which means there is a backdoor...

    I haven't looked into it recently so you could be entirely correct. But I'd be very surprised if you can't root a locked ipad.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  125. Re:Why? by BronsCon · · Score: 1

    Because they sold a metal safe that can be unlocked with a proprietary key and they're the ones holding the key. If you wish to make yourself the keymaster, you're opening yourself up to being asked to do some unlocking once in a while.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  126. Re:Pay a 16 year old to do it... its not complicat by jo_ham · · Score: 1

    I'd be surprised if there were no way to bypass that.

    You know apple has a backdoor. If you gave them a locked machine they could unlock it. Which means there is a backdoor...

    I haven't looked into it recently so you could be entirely correct. But I'd be very surprised if you can't root a locked ipad.

    The "backdoor" is the Apple ID - you need that password to bypass the lock. Apple obviously has this (well, they have a hash of your password and the ability to reset it). If they want to unlock it all they have to do is reset the password to the Apple ID. They don't need a special backdoor to get around this.

    This feature was added because of the massive theft problem and the "easy" way to circumvent the security - just restoring the device then, boom, you have a new iPad/iPhone that you can sell on.

    Now the Apple ID that is entered when "Find my iPhone/iPad" is turned on (and it's on by default, or at least you are prompted during setup to turn it on) you absolutely cannot restore the device without it. You can get as far as wiping the device, but from then on it will be impossible to restore it in working condition since the installer will fail the server check because the device is locked. It will prompt you to put in the Apple ID and password.

    It used to be far more trivial to convince Apple to do a password reset, but it resulted in a social engineering security breach, so now they are *much* more stringent about it.

    Now, as to whether you can root a locked iOS 7 device to get around this, I have no idea.

  127. Re:Why? by gnasher719 · · Score: 1

    So having a will, a death certificate, a solicitor, and willing to personally meet with Apple is now simple and convenient?

    It has entered this thread quite late, but there is a big problem: If the old lady hadn't died, and had forgotten her Apple Id and password and went to the Apple Store, Apple wouldn't just reset the iPad. They would want some serious proof that it is really hers, and that she isn't trading in stolen iPads. That's the point of "Find my iDevice". Making it hard for crooks to access stolen iPads, which is unfortunate if the legal user forgets his password.

    Now even with will, death certificate, and solicitors, the heirs can at most prove that they have the rights to the iPad that the mother used to have. But that might still mean no rights at all, if the iPad was stolen. They'd still have to proof that their mother was the legitimate owner in the first place.

  128. Re:Why? by gnasher719 · · Score: 1

    Apple has to stand their ground here, otherwise they would be promoting murder. Who wouldn't kill their grandma to get an iPad?

    If your cynical like that... A slightly less cynical scenario: Thief steals an iPad but finds it is locked. Now by bad luck the thief's mother dies and leaves him everything in her will. The thief goes to Apple with the stolen iPad, claiming it belonged to his dead mother.

  129. Re:Pay a 16 year old to do it... its not complicat by Karmashock · · Score: 1

    The rooting operation typically takes place at the firmware/bios level. At that level, iOS 7 is irrelevant. If you wipe... utterly erase storage memory on an ipad or smart phone that still tends to leave the bios/firmware memory intact. Access that, trigger the flash program... and simply overwrite. You'd need a default ipad rom to write but those can't be hard to find.

    --
    I've decided to stop wasting my time responding to AC trolls/sockpuppets... so if you want a response from me... login.
  130. Re:Serial number by antifoidulus · · Score: 1

    Because dipshit cars are registered in people's names when they register the car. Why the fuck was this dumbassery marked insightful?

  131. Re:Why? by technomom · · Score: 1

    I was just speaking to the "rights holders own the data" statement, that's all. Just pointing out that lumping Google in with others who don't provide a means to download or transfer ownership of your data is incorrect.

  132. Re:Why? by gig · · Score: 1

    > Apple has once again proven their overbearing stranglehold on everything they touch.

    AKA “security.”

  133. Re:Why? by gig · · Score: 1

    > It may be problematic for Apple, but it's not the family's responsibility to resolve it.

    It *is* the family's responsibility to have the Apple ID if they want the data that is locked up in that Apple ID.

    It's not Apple's responsibility to be iPad hackers because the guy was given an iPad but not given the keys to the account that is currently running on the iPad. You reset the iPad and you sign in with your own Apple ID. It is a very basic system of user accounts.

    It is standard that when you sell or give away an iPad or even a Windows PC, the data does not come with it.

  134. Re: Why? by gig · · Score: 1

    A certified Death Certificate and copy of the Executor Letter will not enable you to get into the deceased online user accounts. For that, you would have to know the username and the password. That is how online user accounts work.

    If you want to pass on the contents of an online user account, you need to put the credentials in your will.

    In case I die, I gave my girlfriend the username, password, and encryption key for my online backup service so she can get the data if it is useful. I did not just give her my MacBook Pro. If I gave her the MacBook Pro, that would be giving her the MacBook Pro, not the data.

    > Personally I think Apple is being a corporate dick in this case.

    If you are responsible for the private user accounts of a billion people and their linked credit cards and all of the data on all of their iPads, iPhones, iPods, and Macs, then your customers expect you to be a dick about security. That is how security works. You can't talk your way into someone else's account. If they want to give you access, they have to give you the username and password.

  135. Re:Why? by gig · · Score: 1

    > If Apple can't plan for a common contingency like this in their security model, then they shouldn't choose
    > to be in control of other people's property.

    If the user can't plan for a common contingency like this in their will, then they shouldn't put their data into an Apple account.

    How much more basic can security get than “if you want to give someone access to your account, you have to give them the credentials.”

    The user is responsible for their data, not Apple. You can backup an iPad to a Mac or PC running iTunes, which is almost all of the Macs and PC's in the world.

    If you want to pass on data, YOU HAVE TO PASS ON DATA. You can't just pass on an iPad and expect to get access to all of the user's online accounts.

    Do you think that this guy got access to all of his mother's Yahoo, Google, Facebook and other accounts without even having her username?

    Think for a second.

  136. Re:Why? by gig · · Score: 1

    Yes, the user is in control:

    - of passing on the account credentials to someone else
    - of passing on the data to someone else
    - of backing up their own data

    The user is not in control:

    - of Apple
    - of Apple's security policies

    The Apple ID does not just give a user access to a particular iPad. It also gives them access to all of the user's other Apple devices, all their iCloud documents and backups, all their iTunes purchases, their credit card information, and their personal details.

    If I can steal an iPad from you and then make a convincing case to Apple that they should give me your Apple ID and password, I can then wipe your iPhone, Mac, all your online backups, all your documents, and then use your credit card to buy a bunch of new Macs and iPads and iPhones from the Apple Store.

    Apple has been criticized in the past for resetting the password too easily on an Apple ID. In this case, the user does not even have the Apple ID, and they are not even the person who created the account. Apple is not being unreasonable at all.

  137. Re:Why? by gig · · Score: 1

    Google doesn't need to brag about the lack of security on Android.

  138. Re:Why? by gig · · Score: 1

    You're way off on the facts. Put your bleeding heart back in your body.

    > Me, I'm thinking about what it'd be like if my mum or dad died and left me their documents in a storage facility

    No, no, no. The woman died, and SHE DID NOT LEAVE HER DOCUMENTS TO HER SON. That is the whole problem. He wants them anyway.

    To continue your analogy, if your parents did not leave you the number of their storage locker, did not leave you the passcode to the building, did not leave you the key to the storage locker, and you went to the storage facility to get your deceased parent's documents without all of that, THEN YES YOU WOULD NEED A COURT ORDER TO GET THE CONTENTS OF YOUR PARENT'S LOCKER. At the very least you would need that.

    > Anyone who values their family's thoughts and images should avoid buying their product,

    Anyone who values their family's thoughts and images SHOULD SHARE THOSE THOUGHTS AND IMAGES WITH ANOTHER MEMBER OF THE FAMILY, and also BACKUP THOSE THOUGHTS AND IMAGES. Apple provides a 1-click iPad backup to any Mac/PC running iTunes, and a Mac can further be 1-click backed up to an external hard disk. AND, there are about 1000 ways to share media from an Apple device user to any other user.

    The user is responsible for their data, not Apple.

    The user is also responsible for passing on account credentials if they want to pass them on, and if they don't, then their family is responsible for getting a court order in order to untangle all of that.

  139. Re:Why? by gig · · Score: 1

    Apple has instructions for transferring an iPad to someone else.

    There are all of 3 steps:

    1. Back up your device.

    2. Go to Settings > General > Reset, then tap Erase All Content and Settings.
    This will completely erase your device and turn off iCloud, iMessage, FaceTime, Game Center, and other services.
    If you're using iOS 7 and have Find My iPhone turned on, your Apple ID and password will be required. After you provide your password, the device will be erased and removed from your account so that the next owner can activate it.

    3. Contact your carrier for guidance on transferring service to the new owner.

    What to do before selling or giving away your iPhone, iPad, or iPod touch
    http://support.apple.com/kb/HT5661?viewlocale=en_US&locale=en_US

    So, again, if you want to will your iPad to someone, you have to give them the Apple ID account credentials and the decryption password for your iPad so that they can wipe it and activate it for themselves.

    If you want to will some data to someone, that is a whole separate issue. There are about 1000 ways to do that, both using Apple tools and 3rd party tools. It has nothing to do with iPads or Apple ID's.

    One way NOT to will some data to someone is to lock it up in an Apple ID account and not give them the credentials for that account. That is how you DON'T share your data. That is how you keep data private.

    Every problem with a will has to be resolved in court. If a person has no will, the court makes all the decisions. If you say the deceased wanted to will you the contents of their safe but you don't have the combination and you want the safe manufacturer to give you that combination, you will need a court order. Safe manufacturers are not in the business of cracking safes for anyone with a heart-wrenching story. A court has to decide if the story is true and what to do about it.

  140. Death needs to be handled better in Tech by Uloi · · Score: 1

    My brother committed suicide and its was 2 weeks and tons of emails to get his Facebook page removed.

  141. Whatever we do, do not ever RTFA by Ol+Olsoc · · Score: 1
    Jesus Christ on a pogo stick.

    Teh Evilz that iz Apple enthusiasts are always at the ready to cruzify them.

    Since it appears that the haters have forgotten to take their Ritalin, and are now in the

    !!! Ponies! mode, here is the end of the article:

    Since publication, Apple has acknowledged it misunderstood the request to unlock the device. The company has now restored the factory settings. It maintains a court order would be needed to access the iCloud./i>

    Shame on you for 6 weeks Samzenpus. Couldn't put that the device is in use now, eh? The only argument left is whether or not she intended her family to have unfettered access to all her personal info on the computer. Perhaps the fact that she did not give them her passwords is illustrative that she might not have.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  142. Re:Serial number by Mashiki · · Score: 1

    That is why you can't take a will to the DMV to get an automobile title changed..

    Actually you can, just did it not more than 6 months ago in the state of Florida. As the PoA, and I did the same thing in Ontario(cdn). In both cases I had to do a written and sworn affirmation that what I was doing was totally within my rights as the PoA, and was acting in good faith at the behest of the person in the will.

    --
    Om, nomnomnom...
  143. Excuse my ignorance, but.. by doccus · · Score: 1

    If you remove the harddrive and mount it, can you see the files on it from another OS? In order to save them? If so, then do that, wipe the drive and reinstalliOS. Or is that impossible in an iDevice? I don't have obne so I don't know..

  144. Re:Why? by lsatenstein · · Score: 1

    It's only been a year or so since Mat Honan got all his Amazon, Google, and Apple data wiped because someone was able to trick their way into his accounts. Apple got castigated over that, and implemented a lot of extra security to try to prevent that sort of thing from happening again. Well, guess what? You can't have it both ways. One way or the other, there will be problematic edge cases - and this sort of thing is one of them.

    ===
    This is different when you provide a death certificate, a will, a notarized or legally (court recognized document). Probably best to call a kid or hacker who can bypass the security that Apple thinks is unbreakable, as that will cost less money than all the fees for the other documents.

    If there are no personal pictures on the cell, my recommendation is to just trash it.

    --
    Leslie Satenstein Montreal Quebec Canada
  145. Civil law... by couchguy · · Score: 1

    I Am Not A Lawyer. I am, I hope, a reasonable, educated human being. Those of you screaming "Moron!" at each other are working very hard to make anyone who reads your comments write you off as a raving loon instead of a reasonable, educated human being. If you can't maintain some sort of civility, no one really cares what you say. I cannot speak to the legality of Apple's actions here, in either the USA or England. I reasonably figure Apple DOES have people who can speak to that and advise them. I also haven't seen anything that indicates the screamers have any more real expertise than I. What I do know is that I don't want Apple to guess at what I want done with my property, or to take the word of my relatives as to what I intended. That's what probate courts are for, folks. If one is truly empowered to handle and dispose of portions of the estate, a competent court of jurisdiction can easily certify that -- and no one else can. A will is only a legal document when a probate court says it is. Wills get tossed out every day. And in my day job (customer service for a utility company) I hear about six times a day from people who claim to be the "executor" of someone's estate -- only to back off the claim when we suggest they need to prove it. I want Apple to insist on a court order if someone should come in to ask them to bypass my account security. If I didn't give them the passwords and codes to do it themselves, they should -- they'd BETTER -- assume I don't approve.

  146. Re:Privacy by Trillan · · Score: 1

    It would if full disk encryption was on and the user didn't leave their encryption key/password.

  147. Old School Solution by weweedmaniii · · Score: 1

    My fiancee has a hard copy with all my passwords, PINs & usernames in a strongbox in a sealed envelope. I have hers in the same in my strongbox. If anything happens to either of us, the other one can move forward with anything that might be password protected. Yes we update regularly since passwords change (or they should). Why couldn't Mum write it down somewhere? I have a friend from high school who died a few years ago. His widow modified his FB page to be the page for the scholarship foundation created in his honor. She had the pw and posted that she was going to change the page.

    --
    "If stupid things work...then they are not stupid."
  148. But they do... by sl3xd · · Score: 1

    Apple should have no skin in this game, they don't own any part of it.

    Has anyone stopped for a second to consider that there are a lot of attempts to use social engineering tactics to get into a person's account, and/or unlock a stolen device?

    Apple gets reamed when a prominent user's account is hacked using similar social engineering tactics, but is supposed to let it pass when someone uses easily forged documents?

    I give Kudos to Apple (or anyone else) for being pedantic about authentication. Court orders are far more difficult to forge than a death certificate or a letter from a solicitor.

    --
    -- Sometimes you have to turn the lights off in order to see.
  149. Ability to unlock != ability to authenticate. by sl3xd · · Score: 1

    The ability to unlock isn't the same thing as the ability to authenticate. Many documents (such as a will, death certificate, and notes from a legal professional) are easily and commonly forged. Fraudsters use this route all the time to pull identity theft.

    A court order, on the other hand, is positively verifiable.

    Here, I think any company (Apple or otherwise, be it a bank, Google, Amazon, whatever) is damned if they do, damned if they don't, so they aught to go with the most secure option.

    --
    -- Sometimes you have to turn the lights off in order to see.