Slashdot Mirror


Apple To FBI: Encryption Rules Out Handing Over iMessage Data In Real Time

Mark Wilson writes that Apple has balked at a court order to provide the FBI with the contents of text messages among users of its iMessage service, claiming that the encryption it uses to protect these messages makes handing over the messages themselves impossible. From the article: The Justice Department obtained a court order that required Apple to provide real time access to text messages sent between suspects in an investigation involving guns and drugs. Apple has responded by saying that the fact iMessage is encrypted means that it is simply not able to comply with the order. The stand-off between the US government and Apple could last for some time as neither side is willing — or possibly able — to back down.

44 of 306 comments (clear)

  1. Why not ... by zeugma-amp · · Score: 5, Insightful

    ... give them what they are asking for? Just hand over the encrypted data and say "good luck with that".

    --
    This is an ex-parrot!
    1. Re:Why not ... by MasseKid · · Score: 5, Insightful

      Exactly. This is the data apple has, it's the data being requested, the fact that neither apple nor the FBI can do anything useful with it should be of no legal concern to apple.

    2. Re:Why not ... by Daniel_Staal · · Score: 5, Interesting

      Because the FBI will argue that's not the contents of the messages - it is something else. So Apple would be resisting the court order anyway.

      In fact, Apple may well be doing that, and this is how it's being reported.

      --
      'Sensible' is a curse word.
    3. Re:Why not ... by FlyHelicopters · · Score: 4, Insightful

      Apple will end up doing that I imagine, but they also want the publicity of "not handing over iMessage data to the FBI" before they do it.

    4. Re:Why not ... by Gr8Apes · · Score: 3, Insightful

      This exactly, if there is a warrant hand over the information you have. I don't believe safe makers have to open safes subject to a warrant. So why is this any different? (The FBI could always contract Apple to attempt to crack the message, similar to a safe company being hired to attempt to break into a safe, but that's different than the "real time" access asked for)

      --
      The cesspool just got a check and balance.
    5. Re:Why not ... by macs4all · · Score: 4, Insightful

      Apple will end up doing that I imagine, but they also want the publicity of "not handing over iMessage data to the FBI" before they do it.

      Or, maybe, just maybe, they don't want to force the Court into finding Apple in Contempt, with possible sanctions of who-knows-how-much per day until they "comply" with an Order with which they really can't comply (because they really don't have a "master key").

      Or even worse, the DoJ gets some fascist Judge to Order Apple to install a backdoor, and it turns into a REALLY ugly (and expensive) fight.

      BTW, this really should shut up all the slashtards that say that Apple secretly colludes with the Gummint; but it won't.

    6. Re:Why not ... by dunkindave · · Score: 3, Insightful

      BTW, this really should shut up all the slashtards that say that Apple secretly colludes with the Gummint; but it won't.

      I think your faith in a human's ability to logically think past their biases is overblown. They will just claim it is a PR stunt to fool people into believing Apple can't read the messages while they secretly handing over all the data. Never try to argue with a conspiracist since, no matter how sound your evidence, you will never win them over. As the saying goes, never argue with a fool, lest you are brought down to his level.

    7. Re:Why not ... by FlyHelicopters · · Score: 2

      Just because the FBI says they cannot crack it . . . doesn't mean that our feathered friends in the NSA can't crack it.

      They can crack it, if Apple has a master backdoor key. But Apple would be pretty stupid to do that, if it exists, someone will find it sooner or later.

      Private things tend not to stay private forever and Apple is a business that needs a product to sell.

    8. Re:Why not ... by Anonymous Coward · · Score: 3, Insightful

      Your belief that secrets must exist, because if they did they would be secret, speaks to your paranoia.

    9. Re:Why not ... by ShanghaiBill · · Score: 2

      Or even worse, the DoJ gets some fascist Judge to Order Apple to install a backdoor, and it turns into a REALLY ugly (and expensive) fight.

      This fight has already happened. The Clipper Chip fiasco of the 1990s clearly showed that the American public is not willing to tolerate either the loss of privacy or the loss of tens of thousands of jobs that would result. The government would have no greater ability to monitor us, because we would switch to equipment manufactured outside America.

    10. Re: Why not ... by pr0fessor · · Score: 5, Insightful

      More like a cop asks you to open someone else's locked car because it's parked in your parking lot. They can tow it and break into it but you can't unlock it because you don't have the keys.

    11. Re:Why not ... by DrVxD · · Score: 4, Insightful

      As always, the question is not "are you paranoid", it's "are you paranoid enough"

      --
      Not everything that can be measured matters; Not everything that matters can be measured.
    12. Re:Why not ... by Anonymous Coward · · Score: 5, Interesting

      Because the FBI will argue that's not the contents of the messages - it is something else. So Apple would be resisting the court order anyway.

      They will never, ever, ever argue that in court. Because if the judge agrees, that would be precedent that would pave the way for a solid Fifth Amendment defense against surrendering encryption keys. As much as the FBI would like a ruling on that -- it's currently a legal grey area, as there's not been a good test case -- they *really* don't want to set precedent that key surrender would be testifying against one's self... which, if they argue that encrypted data is fundamentally different from the desired decrypted data, they will have done. (If encrypted data is fundamentally different (and is not simply a "locked" version of the data, as the FBI would prefer people to mis-understand it...), then forcing people to decrypt their data is forcing them to create evidence against themselves.)

    13. Re:Why not ... by cayenne8 · · Score: 4, Informative

      Ah, the "since conspiracies have happened before, that proves it is happening now" fallacy that conspiracy followers like to spout.

      Well, at the very least, if it has happened before or at least been planned and suggested before ...then it should be considered that they might suggest something might could indeed happen.

      It always pays to ask questions and be vigilant.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    14. Re:Why not ... by U2xhc2hkb3QgU3Vja3M · · Score: 2

      And Apple's computers aren't analog, Einstein...

    15. Re:Why not ... by ihtoit · · Score: 3, Insightful

      why would Apple have the keys anyway? This is what they're basically trying to say, they might have the algorithm but without the salt (key) which only the USERS will have, and to each one totally unique, it's fucking useless.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    16. Re:Why not ... by HiThere · · Score: 2

      Given National Security Letters, I think we can be rather certain that there are shared secrets. Calling that a conspiracy (on Apple's part) requires an unvalidated assumption.

      P.S.: I'm not saying that such shared secrets are guaranteed to exist, I'm saying that's the most reasonable default assumption.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    17. Re:Why not ... by Anonymous Coward · · Score: 3, Insightful

      It wasn't designed for criminals. It was designed for - and is mostly used for - legitimate purposes. They cannot control what every single user of their platform uses it for. Otherwise the phone system would be liable every time a criminal makes a phone call, the post office would be liable every time a criminal sends a letter, etc. If they'd intended it to be used by criminals, that would be something else.

  2. Well, they COULD also encrypt for the FBI... by xxxJonBoyxxx · · Score: 5, Interesting

    As I understand the iMessage, Apple hides some of the key selection process from end users. (This is considered a good thing - without it, fewer people would use it because it would be like using PGP.) If Apple was compelled, they could also encrypt outgoing messages with one of the FBI's public keys and either send the same message across the wire (where the FBI could pick it up) or send a second message encrypted just for the FBI to the FBI. Either method would be discoverable, but Apple could paper over that issue in its interface because it controls the software. (Apple could also limit the discoverability of such a "feature" by using its phone home key request to request the FBI's key for and encrypt only certain monitored people's communications - that way most security experts WOULDN'T see a change.)

    Long story short, Apple COULD provide real-time access to encrypted messages, but it would take a little work to sneak that in, and eventually someone would find it.

    1. Re:Well, they COULD also encrypt for the FBI... by Gr8Apes · · Score: 3, Insightful

      This would be akin to backdooring a safe. Not something Apple wants to do. It's not that it cannot be done, it's that doing so violates the security and integrity promises made to customers, and then those customers would go elsewhere, effectively ruining the business.

      --
      The cesspool just got a check and balance.
    2. Re:Well, they COULD also encrypt for the FBI... by macs4all · · Score: 2, Insightful

      Long story short, Apple COULD provide real-time access to encrypted messages, but it would take a little work to sneak that in, and eventually someone would find it.

      Or maybe, just maybe, Apple really doesn't like what the Gummint is doing, and is doing everything in its power to passively-resist.

      Did you ever ONCE stop to consider that possibility?

    3. Re:Well, they COULD also encrypt for the FBI... by Nidi62 · · Score: 2

      Long story short, Apple COULD provide real-time access to encrypted messages, but it would take a little work to sneak that in, and eventually someone would find it.

      Or maybe, just maybe, Apple really doesn't like what the Gummint is doing, and is doing everything in its power to passively-resist. Did you ever ONCE stop to consider that possibility?

      Or maybe, just maybe, Apple really doesn't like the Gummint trying to force it to do something that could hurt profits.

      --
      The only thing necessary for evil to triumph is for it to be pitted against a slightly greater evil
    4. Re:Well, they COULD also encrypt for the FBI... by Anonymous Coward · · Score: 2, Informative

      He is serious, and stop calling him Shirley

  3. So, the FBI doesn't need to ask for Android? by BoRegardless · · Score: 2

    Pretty well defines what is good.

    Once the industrialized countries outlaw encryption, I don't know how the banking system can survive.

    But, of course, the US govt. will continue using encryption for their docs.

    1. Re:So, the FBI doesn't need to ask for Android? by Opportunist · · Score: 4, Insightful

      There's an easy solution for this. You simply apply to your government to use encryption. And of course deposit the master key with them. Then you may encrypt as you please.

      You do trust your government, don't you?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    2. Re:So, the FBI doesn't need to ask for Android? by Solandri · · Score: 5, Informative

      Android uses regular SMS for texts, which was never encrypted on any OS. The FBI would be asking the carriers for copies of those, unless it's over the Google Hangouts app using a Google Voice number, in which case they'd have to ask Google.

      Apple runs the iPhone texts over their own iMessage service, which has a gateway to SMS for messages sent to non-iPhone users. (Which is also a problem since if you used to have an iPhone but switched to any other phone, Apple keeps iMessage texts sent to you within iMessage and blackholes them to a non-existant iPhone, instead of forwarding them over the SMS gateway to your new phone. Part of their user lock-in strategy. They're actually fighting in court for the right to keep doing this, instead of not being dicks and fixing it.)

    3. Re:So, the FBI doesn't need to ask for Android? by LordLimecat · · Score: 2

      thousands of Android Apps.

      Apps cannot (CANNOT) keylog without you having rooted your OS intentionally (its not something that can be sneakily done as it generally involves wiping your phone).

      Lets not let ignorance cloud the discussion.

    4. Re:So, the FBI doesn't need to ask for Android? by Opportunist · · Score: 3, Insightful

      What difference do you think guns make? Do you honestly think you would still be allowed to have them if if made a difference?

      And please, don't come with "but, but, but the 2nd". Bullshit. They steamrolled over 1st, 4th, 5th, 6th, 8th, 9th... without even blinking. What makes your 2nd on-so-special that you honestly think they wouldn't simply circumvent that one, too, if it somehow bothered them?

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:So, the FBI doesn't need to ask for Android? by jo_ham · · Score: 2

      Android uses regular SMS for texts, which was never encrypted on any OS. The FBI would be asking the carriers for copies of those, unless it's over the Google Hangouts app using a Google Voice number, in which case they'd have to ask Google.

      Apple runs the iPhone texts over their own iMessage service, which has a gateway to SMS for messages sent to non-iPhone users. (Which is also a problem since if you used to have an iPhone but switched to any other phone, Apple keeps iMessage texts sent to you within iMessage and blackholes them to a non-existant iPhone, instead of forwarding them over the SMS gateway to your new phone. Part of their user lock-in strategy. They're actually fighting in court for the right to keep doing this, instead of not being dicks and fixing it.)

      No they're not - they have a website you can go to that will de-register your number and fix the problem of vanishing SMS messages if you move to a non-iOS phone if you don't switch off the iMessage system on that number before changing phone.

      It takes about 5 minutes and you receive a text message when it completes.

      The official method to shut off iMessage is to do it before you stop using the iPhone, and that used to be the only way (leaving people stuck, since it's easy to forget to do it), but the website has been around for some time now.

      There's no "fighting in court" or "not fixing it" because they fixed it, a long time ago, and the system to fix it is very quick and easy to use and fixes the problem immediately.

  4. You could also swap out receiver's key... by xxxJonBoyxxx · · Score: 4, Informative

    Also, "Black-box" testing uncovers several ways the NSA could tap iMessage (from 2013)
    http://arstechnica.com/securit...

  5. Re:send it anyway by macs4all · · Score: 2

    Just send the encrypted messages. That way you're complying with the order.

    Apple knows good and well that the DoJ could easily fool some ignorant/fascist Judge to conclude that Apple was being "unresponsive" to the Request, or even worse, was deliberately "Obstructing Justice".

    Isn't this wonderful? From the Fourth Amendment, we now have a situation where Privacy == Obstruction.

    How in the FUCK did THAT happen?!?

  6. Is this all just a false flag? by epyT-R · · Score: 4, Interesting

    If the FBI really wants access, they could get an NSL issued, forcing apple to comply by compromising their own system..and they couldn't tell their customers about it.

    Until this is fixed, there's no way in hell I will believe any grandstanding on the part of any vendor.

    1. Re:Is this all just a false flag? by epyT-R · · Score: 2

      I'm fairly sure an NSL can compel them to break future updates of hardware and software so that a wiretap is workable, and the gag order will prevent them from telling anyone about the new compromise.

    2. Re:Is this all just a false flag? by dunkindave · · Score: 3, Insightful

      Well, the EFF is only reporting what the government official 'said' was true.

      Do you have a creditable source that says otherwise, or just statements by people speculating to fit their theories?

  7. Re:send it anyway by fustakrakich · · Score: 4, Insightful

    How in the FUCK did THAT happen?!?

    The voters keep reelecting corrupt politicians. How could it NOT happen??!

    --
    “He’s not deformed, he’s just drunk!”
  8. Re:send it anyway by dunkindave · · Score: 4, Insightful

    Isn't this wonderful? From the Fourth Amendment, we now have a situation where Privacy == Obstruction. How in the FUCK did THAT happen?!?

    Because the Fourth Amendment doesn't guarantee you absolute privacy, it grants "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures", meaning until a court has issued an order to grant such access "upon probable cause". In this case the court issues such an order. The question is, given the circumstances, what Apple is legally required to do. Hint: they are not required to change their software to create the ability for the government to get access, only to give the government what they already have access to.

  9. Re:Blowing smoke iMessage? by ramriot · · Score: 2

    This is iMessage not your iTunes account. The 'keys' are generated per-device and the private key remains there, if you lose your device or access to it you have to generate new ones. Also if your device has the Apple 'secure enclave' TPM, good luck anyone getting access to it without your unlock password.

  10. Rationalization by Etherwalk · · Score: 2

    Actually, I'm surprised they still feel somewhat obliged to justify anything. We're past the stage they should actually say "shut up and comply or we'll kill you and your family".

    Human beings rationalize. It's not like the intelligence agencies take away your privacy rights because they're trying to be the bad guys--they're trying to be the good guys and save everyone and go after the big bad criminals, it's just that their profession gives them a really warped view of what privacy should look like and the consequences of losing it. Basically they trust themselves with your information so most of them don't seriously believe or really understand how much of a threat it is to democracy for a government force operating mostly in secret to have that information.

    It's a little like trying to make today's Americans understand the vitriol of the Protestant-Catholic wars, or the Sunni-Shiite divide. There's no real frame of reference or an inability to project that frame of reference onto the conflict.

  11. Disinformation? by dszd0g · · Score: 3, Interesting

    I wonder if these fights are just disinformation to try to convince criminals/terrorists that they can use iMessage. The government lets a criminal get away with it in a case they don't really care about or can convict them without it anyways and makes a lot of press, and then has access to it in all the cases they do care about.

    iMessage is designed with warrants in mind if you read over the protocol documentation. Each device has its own key and is tied to your Apple Id. If you have a iPhone, a Macbook, and an iPad each device has its own encryption key. When someone sends you an iMessage, Apples sends them the public key for each of the 3 devices and then the encrypted message is sent to each device which uses its private key to decrypt the message.

    When a warrant is issued, all Apple has to do is add a 4th, "FBI device" to your Apple Id and anyone sending you an iMessage also gets encrypted with that key.

    As Apple controls the user interface and they provide no way to view how many keys an iMessage is being encrypted with, there is no easy way to see if an extra key for ease-dropping is being used. There may be ways if one monitored the size of the traffic, but I am not aware of that work being done. Anyone who had the need to make sure they weren't being spied on by the government, wouldn't use iMessage.

    --
    This message is encrypted with Quad ROT-13 to protect the author's copyright under the DMCA.
    1. Re:Disinformation? by guruevi · · Score: 2

      But then you would be able to 'see' that device on your list of devices or at least see the extra traffic. Additionally you can't just add an extra device to your list without entering a pin number or password which acts as access to your private key.

      There is no way of hiding the extra device with such public key exchanges (your device needs to encrypt an extra message) and even when Apple can do that, someone will find out the functionality and then nobody will trust anything Apple ever says again.

      You can't just backdoor something you release to the general public without risking your entire business.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
  12. Re:send it anyway by CeasedCaring · · Score: 3, Insightful

    How in the FUCK did THAT happen?!?

    The voters have no choices BUT corrupt politicians. How could it NOT happen??!

    FTFY!

  13. Re:send it anyway by Foobar+of+Borg · · Score: 2

    Bullshit. They have primaries, and a process for putting anybody on the ballot they want. Voters are just lazy and submissive, and antipathic towards each other.

    Yes, the primaries, where we get to choose between a small group of pre-vetted candidates, thus giving us the illusion of choice.

  14. Re:send it anyway by jo_ham · · Score: 2

    No way would the FBI want to do this, since it would set the precedent that surrendering the encryption key to that data would be self incrimination.

    They have a vested interest in the encrypted data being treated as legally the same as the unencrypted data, since they don't want legal precedent for a fifth amendment defence on encryption keys being ruled on by a court. There's no solid case law on that one way or the other right now.

  15. Re:Just bought my first apple product ever by macs4all · · Score: 2, Insightful

    My father and his friends all worked for Big Blue during their golden years selling/installing mainframes and I've had a PC in the house my entire life. Never once have I ever considering paying for over-hyped over-priced Apple "toys" until now. I simply cannot ignore the facts anymore that Apple makes the best phones on the market with sound security while Android and Windows erode away, and articles like this go a long way towards making me feel confident about my purchase. I'm very impressed with my 5s.

    So, stick your other foot in the water and buy a MacBook Pro and run OS X on it. You'll wonder why you ever waited this long. Trust me.