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18th Century Law Dredged Up To Force Decryption of Devices
Cognitive Dissident writes The Register has a story about federal prosecutors using a law signed by George Washington to force manufacturers to help law enforcement access encrypted data on devices they manufacture. The All Writs Act is a broad statute simply authorizing courts to issue any order necessary to obtain information within their jurisdiction. Quoting the Register article: "Last month, New York prosecutors successfully persuaded a judge that the ancient law could be used to force an unnamed smartphone manufacturer to help unlock a phone allegedly used in a credit card fraud case. The judge ordered the manufacturer to offer 'reasonable technical assistance' to make the phone's contents available." What will happen when this collides with Apple and Google deliberately creating encryption that they themselves cannot break?
Assumming that you're talking about the Fifth Amendment's prohibition on compelled self-incriminaton, no. If you're suspected of a crime, *you* can't be compelled to incriminate yourself. But third parties that aren't protected by a privilege (spousal, attorney-client, doctor-patient, etc.) can be compelled to produce evidence, testify against you, and definitely to provide technical manuals and expertise. Third parties can be compensated for the cost of complying with subpoenas in cases that they are not party to.
The protection against self-incrimination isn't well-defined either. There's conflicting case-law as to whether you can be compelled to hand over encryption keys.
Nope. The 5th Amendment only means you can't be compelled to be a witness against yourself. Well, some other stuff too, but that is the relevant part.
You're really looking for the 4th Amendment anyway. It provides for protection from unreasonable search and seizure, not prohibiting all search and seizure.
I would say no. They aren't forcing anyone to incriminate themselves. It is forcing a 3rd party (the phone manufacturer) to help extract the information. Unless the phone manufacturer was the suspect of the crime, then its not a 5th amendment issue.
No. The 5th Amendment applies to the Accused. The court can't order the accused to crack the encryption on a device, but they sure can request the manufacturer (or an expert) to try to do so. People are over-thinking this. This is is like getting a handwriting expert to analyze handwriting, getting a tire manufacturer to testify about your tires, or getting a code-breaker to decipher the mob's coded cooked books. Just because this is "tech" doesn't mean it somehow gets a free pass on the law.
The 5th says that you can't be compelled to be a witness against yourself. It doesn't say the courts can't drag 3rd parties into being witnesses against you even if they don't want to. There is no conflict.
And even if you specify chicken eggs, it's *still* the egg. By the process of evolution, the first chicken would have been a mutation from parents that were almost, but not quite, chickens. The almost-but-not-quite-chicken mother would have laid an egg, out of which hatched the first chicken. So the egg came first.
The corporate build of Apple OSX that's used by employees has a "corporate key" for filevault.
Yes, and every computer I deploy at my company has a Institutional Recovery Key for its FileVault encryption (we do a combined Institutional/Personal deployment). This is a key I generated on-site, and is only stored locally (in a very secure manner)
If an employee is walking around with a company-issued machine, and storing company-owned data, of course the company is going to use tools to make sure it can access any/all data on the machine if something happens to the user.
This has nothing to do with my personal iPhone, and even less to do with the US Constitution.
Your comment is a complete red herring.
More information on what Apple is using: http://training.apple.com/pdf/...
Uhm, no.
Mutations happen all the time in every cellular organism on the planet. There are mechanisms in place to deal with those mutations and squash them in many cases, but not all, this is part of the way evolution works. It does not have to occur only in the initial cellular division or zygote. Even 'identical twins' can have minor cellular differences due to mutations that happen in the process of gestation after the eggs are split into two distinct units.
Cancer is a very specific group of extremely rare of mutations that isn't detected and stopped by the normal methods cells use to protect themselves. It is in fact a mutation that prevents the mechanism which stops out of control cell growth.
Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
The only thing "clear" in the 2nd Amendment is that keeping and bearing arms is a right. There is not a word there about "army" (standing or otherwise), much less "navy".
And, yes, both parties tend to treat that right (which can only be taken away by the Judiciary) as a mere privilege (which may be granted and withdrawn by the Executive on a whim).
But only the Left would argue, Constitution is "too old" to apply...
Even if the Constitution really is "clear" on this matter (and let's not get side-tracked), the point was not, whether parties willingly ignore it, but that only the Illiberals (though few among even them) would openly argue, the entire document is "ancient" (and written by White old slave-owners to boot) and therefor should not apply...
In Soviet Washington the swamp drains you.
Citations, please.
I found the following related to the above quotes. The first one I couldn't find anything in context, only that Bush supposedly said it, and the second one is part of the the Constitution being just a piece of paper quote which was false. As to the rest. . .
"I'll be long gone before some smart person ever figures out what happened inside this Oval Office." George W. Bush - Link
"See, in my line of work you got to keep repeating things over and over and over again for the truth to sink in, to kind of catapult the propaganda." - George W. Bush - Link
"You can fool some of the people all the time, and those are the ones you want to concentrate on." - George W. Bush - Link
"You know, one of the hardest parts of my job is to connect Iraq to the war on terror." - George W. Bush - Link
We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
Laws have existed for various odd things in the UK in the past, and certain examples like that and being allowed to kill Scots within York's walls at night were claimed to still be technically valid in widely spread urban legends. IIRC there isn't any law allowing the murder of someone in the UK that is still valid.