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Apple Court Testimony Reveals Why It Refuses To Unlock iPhones For Police (dailydot.com)

blottsie writes: Newly unsealed court transcripts from the U.S. District Court for the Eastern District of New York show that Apple now refuses to unlock iPhones for law enforcement, saying "In most cases now and in the future, the government’s requested order would be substantially burdensome, as it would be impossible to perform." “Right now Apple is aware that customer data is under siege from a variety of different directions. Never has the privacy and security of customer data been as important as it is now,” Apple lawyer Marc Zwillinger said at the hearing. “A hypothetical consumer could think if Apple is not in the business of accessing my data and if Apple has built a system to prevent itself from accessing my data, why is it continuing to comply with orders that don’t have a clear lawful basis in doing so?”

231 comments

  1. Re:The obvious solution by TheCarp · · Score: 1

    The sad part is, you could probably accomplish the same thing by requiring them to implement data access fire walling, since most will probably buy the canned 'solution' that comes to market cheapest and fastest, with the least amount of code review or thoughtful design.

    --
    "I opened my eyes, and everything went dark again"
  2. Say what you will by Anonymous Coward · · Score: 4, Insightful

    It takes guts to stand up to government, especially the U.S government.

    1. Re:Say what you will by wonkey_monkey · · Score: 2

      Or failing that, lawyers and money.

      --
      systemd is Roko's Basilisk.
    2. Re:Say what you will by avandesande · · Score: 4, Funny

      You have to wonder how they ever solved crimes before there were smartphones

      --
      love is just extroverted narcissism
    3. Re:Say what you will by penguinoid · · Score: 5, Insightful

      People and companies will stand up to the government all the time, if there is profit in doing so.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    4. Re:Say what you will by Anonymous Coward · · Score: 1

      Talk about FUD. Why are you afraid that some company is willing to do the right thing? People like you are the reason that it takes guts to stand up to world governments.

    5. Re:Say what you will by Forgefather · · Score: 2

      And it's not possible because Apple decided to implement a solution that made it impossible. We aren't having this discussion concerning any other smartphones.

      --
      "There are lies, there are damn lies, and there are statistics"
    6. Re:Say what you will by TFlan91 · · Score: 1

      The 200+ billion in their bank doesn't help at all. No sir.

    7. Re:Say what you will by Kjella · · Score: 2

      They aren't standing up to anyone. They are saying it isn't possible currently. But if the government really insisted they would put a system in place where it was possible. As a bonus they would take some tax money to implement the system.

      Well, they can hardly take the "we're above the law" position, but I very much doubt they will. Because if the US government officially forces them to include a backdoor, then everyone else wants to know if it's in the rest of the world's phones. And Apple would have to either say "yes" and watch world sales drop due to US spying concerns or "no" in which case foreign phones become a hot item. And you can't very well stop tourists and businessmen bringing phones to the US, so it'd leak like a sieve. The secret programs didn't affect sales because people didn't know, but an official backdoor would be the Clipper chip II.

      --
      Live today, because you never know what tomorrow brings
    8. Re:Say what you will by 110010001000 · · Score: 0

      That is because implementing a solution that is impossible is easier and better than implementing some crazy escrow system or whatever half-assed system they are wanting to create. They aren't doing it to stand up to anyone. They are more than willing to hand over your data. None of these companies are your friend, or on your side.

    9. Re:Say what you will by Anonymous Coward · · Score: 0

      Apple has never given NSA access to their databases. You are referencing FUD. Stop spreading lies.

    10. Re:Say what you will by Anonymous Coward · · Score: 1

      No, it is actually much much much easier to design a system in which all data is unencrypted and trivially accessible on disk. It is quite significantly more difficult to encrypt users data on disk in a way that preserves usability of the device.

    11. Re:Say what you will by 110010001000 · · Score: 1

      Yeah right. You must be kidding. It is funny how quickly people forget how the NSA got their access.

    12. Re:Say what you will by 110010001000 · · Score: 0

      Correct. But if you are going to design a encryption system it is easier to design a proper one, than a complex escrow system.

    13. Re:Say what you will by Anonymous Coward · · Score: 0

      Cite it or shut your mouth. You don't care about me either, why should I believe your crap? You're just a troll.

    14. Re:Say what you will by spamking · · Score: 2

      You have to wonder how they ever solved crimes before there were smartphones

      You mean before when smartphones weren't around and folks just committed crimes via payphone? :)

    15. Re:Say what you will by Anonymous Coward · · Score: 0

      How is that a serious argument? Why wouldn't law enforcement use every available (lawful) means of catching suspected criminals?

    16. Re:Say what you will by amRadioHed · · Score: 1

      Let's not pretend that technology in the hands of smart criminal's can't make things much, much more difficult for police. Trailing suspects and intercepting their phone calls isn't exactly going to do much when the criminals are using strong encryption for all of their communication.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    17. Re:Say what you will by 110010001000 · · Score: 1

      Don't worry. Apple is your friend, buddy.

    18. Re:Say what you will by chispito · · Score: 2

      It takes guts to stand up to government, especially the U.S government.

      I think you're mistaken about who usually needs more courage to stand up to whom in the Huge Corporation/US Government relationship. This time it was the corporation whose interests aligned with the average Joe.

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    19. Re:Say what you will by currently_awake · · Score: 1

      Standing up to the Government, and Telling people you are standing up to the Government are two very different things. From a business point of view they must be seen to be defending their customers, else their customers will switch to using jailbroken Android phones that have been locked down (can't do that with an Iphone, no source code). Apple is (therefore) the most vulnerable phone maker, they must be seen to take a leadership role or they will die.

    20. Re:Say what you will by Anonymous Coward · · Score: 0

      thanks for enlightening me about the Clipper Chip, I had no idea this idea has been around for that long (but I'm not surprised.) We owe a lot to the cypherpunks who fought for our freedom

    21. Re:Say what you will by 93+Escort+Wagon · · Score: 4, Funny

      You have to wonder how they ever solved crimes before there were smartphones

      They made a GUI using Visual Basic.

      --
      #DeleteChrome
    22. Re:Say what you will by stephanruby · · Score: 1

      It takes guts to stand up to government, especially the U.S government.

      As long as they don't say one thing publicly and a different thing privately.

      During the Democrat primary debate, when asked specifically about that, Hillary Clinton implied that the Tech companies were on board (despite them being publicly against it). If she were lying, I wouldn't be surprised. But then again, there could some truth to what she is saying.

    23. Re:Say what you will by tompaulco · · Score: 1

      "Your transaction isn't currently possible. Please insert $10,000.00. Thank you. Your transaction is now possible."

      --
      If you are not allowed to question your government then the government has answered your question.
    24. Re:Say what you will by Anonymous Coward · · Score: 0, Interesting

      Why do you think there is a concerted effort in the mainstream press to smear their popularity and in the financial sector to tank their stock? It's not a coincidence that all you hear is doom and gloom about Apple all of a sudden. They aren't playing ball, so they're getting sunk. That's the way it works here in the new America, if you haven't been paying attention.

    25. Re:Say what you will by Anonymous Coward · · Score: 1, Interesting

      Via the communications lines from AT&T, Verizon, and the tier 3 providers. We've heard it. Microsoft, Apple, and Google had nothing to do with it and in fact all of them moved to encrypt all comms once they found out about it. Again you are FUDing.

    26. Re:Say what you will by Anonymous Coward · · Score: 0

      So who's paying apple to do that, because it sure as hell isn't the USG or the billion sheeple buying them. Give you a hint; they somehow manage to comply with the law in other countries they do business in ... in other countries where they are required by court order to decrypt them. I have no doubt, at all, that iphones in China are compromised and crackable.

    27. Re:Say what you will by currently_awake · · Score: 1

      Absolutely true. The East German secret police never had half the abilities the NSA has now, and there is nothing the police can do about it.

    28. Re: Say what you will by ZeroWaiteState · · Score: 2

      Or, they could just wait for Sean Penn to do an interview. I hear that works.

    29. Re: Say what you will by ZeroWaiteState · · Score: 1

      Hillary implies a lot of things. She said her email server wasn't used for classified info. When Hillary says things, you have to consider them in light of available facts. It's hardly surprising that she would represent Apple's position in a way that is sympathetic to her own, but that doesn't mean I'll just take her word for it.

    30. Re:Say what you will by Forgefather · · Score: 4, Informative

      The simpler solution that you are describing was the kind of system that was implemented prior to iOS 8. iOS devices have had encryption as long as I can remember but the implementation was changed into one that Apple could no longer access. Thus Apple did have access in another system now they don't. Ergo they spent development time and money to implement a solution that they could not access. Whatever your beef with Apple at least acknowledge that this is a positive step forward.

      --
      "There are lies, there are damn lies, and there are statistics"
    31. Re:Say what you will by Anonymous Coward · · Score: 4, Insightful

      IF the government told you to turn over a copy of the key to your house, just in case they need to search it. Would you?

      If so, you are obviously the type of citizen the government loves, willing to roll over for your belly rub.

      If not, they why would you submit the keys to your entire personal life.

      Do you actually trust them to keep their word?

    32. Re:Say what you will by tlhIngan · · Score: 3, Insightful

      Standing up to the Government, and Telling people you are standing up to the Government are two very different things. From a business point of view they must be seen to be defending their customers, else their customers will switch to using jailbroken Android phones that have been locked down (can't do that with an Iphone, no source code). Apple is (therefore) the most vulnerable phone maker, they must be seen to take a leadership role or they will die.

      The other reason is that it's the only stance Apple can take that genuinely Google cannot.

      That's why Apple is committed to privacy and moving a lot of former cloud based services to on-device services. Because they can go and say they don't sell or transmit your information or need to violate your privacy, while Google can't (because Google needs the information for ad purposes). Sure, you can hack an Android phone to be more privacy aware, but out of the box is a lot better than having to do a million steps to secure it.

      It's the one thing that Apple can say iOS is better than Android, and one that can stick until Google changes their business plan.

    33. Re:Say what you will by Anonymous Coward · · Score: 0

      Because in this case, the right thing happens to coincide with a market strategy that Apple sees as being potentially successful in light of what the competition is doing.

      I use Apple products, but I have no delusion that they are going on this legal crusade out of altruism. I also don't care - if they're willing to go to bat for my privacy, I'm willing to toss them a purchase every few years.

    34. Re:Say what you will by Anonymous Coward · · Score: 0

      The doom and gloom on the stock market for them isn't some conspiracy theory lol. It is basic economics, they have underperformed in growth and were priced for massive growth. They failed to meet expectations for the last year or so and hence their stock tanks./

    35. Re:Say what you will by Anonymous Coward · · Score: 0

      The main difference is that if the government ever gets a warrant to search your house they can (legally and practically) break down your door if you did not give them the key.

      If they get a warrant to read your encrypted files, they can legally decrypt them themselves but they cannot practically do so in nontrivial circumstances.

      Law enforcement does not want people using locks they cannot defeat, and the right of citizens to own unbreakable locks is not explicitly guaranteed in the Constitution, at least not unless they go back to classifying encryption as a munition.

    36. Re:Say what you will by TheGratefulNet · · Score: 2

      you've just put in simple words, this complex issue.

      simple words are what are needed to explain this to joe sixpack, who really does not yet understand what all the fuss is about re: encryption.

      this should be the EFF's (etc) message: "if your house had a super strong door that could not be broken into, and if the government was thinking of asking everyone for a copy of their house keys 'just in case' - would you happily give them a copy of your house key?"

      it puts things in simple terms, and most americans would not enjoy the idea of some stranger entering their home at their will, without asking your permission (and respecting your wish). and yet, this is exactly what the gov is asking of us. worse, since searching my home can only find what is there; searching my online info (that I chose to keep non-public) could have many times worse of an affect.

      imagine the tv ad; a burglar breaks into your house and walks away with some physical things. the government breaks into your system and the screen shows snippets of all aspects of your life being revealed.

      I hope that we can have such tv ads so that people are given the other side of the untold story; re: encryption and the power-grab from the various governments and authorities. we really need to inform people what they stand to risk and lose if we just hand over the keys to the kingdom, so to speak.

      --

      --
      "It is now safe to switch off your computer."
    37. Re:Say what you will by avandesande · · Score: 1

      Except smart criminals like you see in movies are vanishingly rare. Two high profile case recently with a linked phone being used order take out.

      --
      love is just extroverted narcissism
    38. Re:Say what you will by Anonymous Coward · · Score: 0

      More than some random shit talker who can't back up his lies. Go fuck yourself, buddy.

    39. Re:Say what you will by amRadioHed · · Score: 1

      Absolutely. The flip side of technology is that it can make the job much easier for police when dealing with not so bright crooks.

      --
      We hope your rules and wisdom choke you / Now we are one in everlasting peace
    40. Re:Say what you will by namgge · · Score: 1

      The police don't catch smart criminals but the public sometimes elect them.

    41. Re:Say what you will by ChunderDownunder · · Score: 1

      Why doesn't Apple just buy a sunny island in the Mediterranean and declare themselves a sovereign nation?

      That would shut the US government up!

      e.g. Formentera in the Balearic Islands. Population 11,000. Spain are broke and anyway have that pesky problem with Catalan independence. (yes I know the Balearics are separate from Catalonia but still)

    42. Re: Say what you will by TheMeuge · · Score: 4, Informative

      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

      At least in the United States, the intent of the Founders was specifically to discourage that interpretation. You don't need to be granted the right to unbreakable encryption, it is reserved for you by default.

    43. Re: Say what you will by kwbauer · · Score: 2

      Thank you. It really is too bad that our school system no longer teaches anything about the Constitution (with the possible exception of "it was written a long time ago by a bunch of white guys who owned slaves").

      It also doesn't help that our current President is considered a constitutional scholar and has yet to find that little gem, as if it were hidden deep in the bowels of the fine print.

    44. Re:Say what you will by kwbauer · · Score: 1

      Sometimes, only sometimes.

    45. Re:Say what you will by kwbauer · · Score: 2

      Isn't it amazing that this is basically the market at work and Apple is being attacked because "they aren't doing this to help you, they are doing this because it will generate more sales for them." Exactly, doing something people want because that is the easiest and most honest way to make money is now considered an evil thing to be doing.

    46. Re:Say what you will by kwbauer · · Score: 1

      Well, they are dong the "right thing" according to market theory. They are fulfilling a desire that people are willing to pay for in a way that keeps their burden as low as possible. I know that such a thing is considered inherently evil here on slashdot. All of those clashing gears as brains try to figure out whether giving in to market principles is a bigger evil than encryption for the masses is a good thing.

    47. Re:Say what you will by kwbauer · · Score: 1

      Army, Navy, Air Force... just the little things in life.

    48. Re:Say what you will by kwbauer · · Score: 1

      Wait, Hillary lying. Impossible. Never. Why she won't even associate with anyone who even thinks about shading the truth just a tad.

    49. Re:Say what you will by Anonymous Coward · · Score: 0

      You have to wonder how they ever solved crimes before there were smartphones

      They had to [gasp] actually leave the cop station and investigate. You know, visit the scene of the crime, talk to witnesses, gather evidence, follow leads. That's like, so 60's.

    50. Re: Say what you will by slazzy · · Score: 1

      Often these days criminals first step after committing a crime is to brag about it on Facebook.

      --
      Website Just Down For Me? Find out
    51. Re:Say what you will by Anonymous Coward · · Score: 0

      "I have no doubt, at all, that iphones in China are compromised and crackable."

      Oh, if you're looking for your doubt, I think I saw it under the bed. It's in that soiled kleenex.

    52. Re:Say what you will by Anonymous Coward · · Score: 0

      Capitalism really does work, and has build in control mechanisms. It's really too bad people listen to trash instead of reading the necessary information.

    53. Re:Say what you will by Anonymous Coward · · Score: 0

      I am not sure many people know how Google was founded and created. It was certainly not "Public" funding and science that did it.

    54. Re:Say what you will by Anonymous Coward · · Score: 0

      And you actually believe anything Hillary Clinton says?

      As the easy and most recent example: Hillary lied, claiming there were "no classified emails" on her private server. After the FBI started leaking how many S to Q documents they found, she changed it to "nothing was marked classified". You know, because it's so easy to put that big red rubber stamp no a fucking email.

      She told the Media and Public that a Youtube video was the reason for the Benghazi attacks, even repeating it when other people brought out the more plausible story and claiming they were all liars. Her email proved her to be the liar.

      I'm anti known liars and people that abuse trust for personal gain, and I'm not alone. Ask why Sanders and Trump are doing so well? (Better or worse, it shows that the gig is up and lots of career politicians are going to have a hard time)

    55. Re:Say what you will by rtb61 · · Score: 1

      OF course right now with M$ Windows anal probe 10, is a really, really good time to push privacy. Likely it will earn Apple a substantial surge in the desktop and notebook marketplace (there is bugger all share to be made out of M$ losephone, what ever they choose to call it). You can expect Apple to do a lot more advertising based around privacy and trust and it will really hurt M$.

      --
      Chaos - everything, everywhere, everywhen
    56. Re:Say what you will by TheRaven64 · · Score: 2

      The problem with that argument is that people might think 'well, if the key is going to be locked away somewhere securely and only used if I commit a crime (which I know I will never do, because I am a law-abiding citizen with nothing to hide), then that's probably fine.' The other part of the issue is that storing that many keys securely is really, really hard. The combined value of those keys to criminals is far more than the contents of Fort Knox. Who would be responsible for keeping it secure from attackers? The other important part of the argument is that, if that key exists, it's not just your government that can access it. How would you feel about Chinese or Russian law enforcement having a key to your house?

      --
      I am TheRaven on Soylent News
    57. Re:Say what you will by MaxSmoke · · Score: 1

      if the government ever gets a warrant

      If they get a warrant

      if

    58. Re:Say what you will by brunes69 · · Score: 2

      I think you are making leaps here for several reasons

      - As of 5.0, All android devices have full disk encryption as an option that is just a checkbox away. If you check that box, Google can't unlock your phone any more than Apple can

      - The metadata Google uses for delivering advertising is mostly anonymous. The few parts that are not anonymous are the types of things the police would know about you anyway, things like your gender, race, and interests.

      - The live metadata Google uses for delivering advertising (like page history) is mostly not stored. I know this because it would serve them no benefit to do so - they don't need to actually store your browser history to build a user profile - so the laws of economics and business say they would not be storing it. Companies wont spend enormous amounts of money to store stuff that they don't need to.

    59. Re:Say what you will by Anonymous Coward · · Score: 0

      Why doesn't Apple just buy a sunny island in the Mediterranean and declare themselves a sovereign nation?

      That would shut the US government up!

      e.g. Formentera in the Balearic Islands. Population 11,000. Spain are broke and anyway have that pesky problem with Catalan independence. (yes I know the Balearics are separate from Catalonia but still)

      Hahahahaha good luck buying an island from the spanish goverment, I don't think you understand what you're saying. Spain is broke yes, but wont let you build a new nation in its land just because you have money, look at gibraltar it's less than half of formentera and it's a sovereign nation by treaty (I don't remeber wich one) and spain is always harrasing them. I can't think about anywhere in the world were someone could be able to buy land and make that land a sovereign nation.
      Also your choice to create a nation is very funny :) and for the catalonia part... well they never gonna get that independence they look for.

    60. Re:Say what you will by Anonymous Coward · · Score: 0

      The police don't catch smart criminals but the public *always elect some of* them.

      FTFY

    61. Re:Say what you will by avandesande · · Score: 1

      None of these people are using encryption, especially take out restaurants.

      --
      love is just extroverted narcissism
    62. Re: Say what you will by AutodidactLabrat · · Score: 1

      And she is telling the truth about classified information
      since it was NOT classified at the time emails were routed through her server.
      Newspaper clippings can not, BY LAW, be classified even if the information in them is considered to be classified.
      And you, as the router, are not liable for the classification of things in your mail UNLESS said content is labelled by appropriate authority as classified.

    63. Re:Say what you will by TechnoJoe · · Score: 0

      Why doesn't Apple just buy a sunny island in the Mediterranean and declare themselves a sovereign nation?

      Once Apple leaves the US, there's no fourth amendment protection at all. The NSA could legally spy-on and break-into anything if Apple leaves.

      Besides, the US has a history of just taking what it wants (at least often enough that's it's worth mentioning). Unless Apple has the international diplomacy and armed forces to fight back the US Army, it's a fool's errand.

    64. Re: Say what you will by Anonymous Coward · · Score: 0

      I'm not your buddy, pal.

    65. Re:Say what you will by KGIII · · Score: 1

      Seven other people, and myself, own a Windows phone and I hear there's still three people who have Blackberries that run QNX or whatever it was on them before they started sticking Android on them. Then there's a few folks with non-feature phones that aren't very complicated at all. In other words, there's more than Android and Apple. Err... There's just not a lot of us - though Windows phone does seem to be catching on. I've actually been pretty happy with it - I was sick of Android and relying on the carrier for updates. I also did not want to buy in, personally, to the Apple ecosystem though (oddly) I've probably purchased more Apple devices than almost everyone here but that's a long story and dinner is almost ready.

      --
      "So long and thanks for all the fish."
    66. Re: Say what you will by KGIII · · Score: 1

      Could you show me this law about newspaper clippings not being classifiable by law? My understanding is that they can be, even if ineffectively, classified.

      I'd address the remainder of your "points" but let's start with this "BY LAW" part, please. Disclosure: I have been trained to handle classified material and am a victim of the OPM hack.

      Note: With her position she was obligated *to* classify material that was handled by her directly, inappropriately mishandling classified data is a felony. Failing to classify material that should be classified, no matter how onerous, is also a felony when one is classed at the level where one has an obligation to assign classification. Those are two points which you negated to mention - we can deal with the others, individually, after you show me this law that I'm unfamiliar with and then I'll at least be aware of your knowledge level and know what I need to explain and what I don't need to explain.

      It has been a long time since I've gone through the training so this law you mention may actually exist - I can find no trace of said law. As far as I know, however useless, they can classify a street sign as top secret and those obligated to treat that data as top secret would, in fact, be legally culpable for failing to do so. You, as a presumably private citizen who is not tasked with handling of classified data, would not be obligated to treat the aforementioned street sign as classified nor would you be penalized for publishing it, talking about it, taking pictures of it, or even telling our enemies about it.

      --
      "So long and thanks for all the fish."
    67. Re: Say what you will by AutodidactLabrat · · Score: 1

      The law of classification of public material as stated in USAF directives as "under no circumstances attempt to classify public information, so as not to draw attention to said material to the benefit of potential enemies"
      Meanwhile, as FAS has demonstrated, Government employees who KNOW a piece of public intel is classified are forbidden to even try to LOOK AT IT. Now that is ignorance.
      So the problem for the Hillary haters is they must now prove SHE knew the material in question was classified....except of course, the FBI admits none of this material WAS CLASSIFIED AT THE TIME it was clipped and included.

    68. Re:Say what you will by Wovel · · Score: 1

      Priced for massive growth? Apple hasn't been priced for massive growth for more than 10 years...

  3. Uh, doi? by Anonymous Coward · · Score: 5, Insightful

    One U.S. attorney argued that it was "more concerned with public perception" than helping catch criminals.

    Duh? No shit? That's not Apple's job, dipshit. They're not here to make your job easier, stop being a bunch of lazy jackasses.

    1. Re:Uh, doi? by Anonymous Coward · · Score: 0

      I was about to post the exact same thing. Since when did it become Apple's job?

  4. catch it in the middle, then, coppers by swschrad · · Score: 2

    get a warrant, use a snooper, spend a week cracking the data.

    haven't the Big Feds said all the terrorist activity is headed into the Dark Web anyway, and Google says best advice is block them from the indexed web?

    lazy ass bastards don't have phone books to read and laugh at silly names any more, so they want to randomly hack phones for fun and profit.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:catch it in the middle, then, coppers by argumentsockpuppet · · Score: 5, Insightful

      spend a week cracking the data

      How do you propose to do that?

      If you assume:

              Every person on the planet owns 10 computers.
              There are 7 billion people on the planet.
              Each of these computers can test 1 billion key combinations per second.
              On average, you can crack the key after testing 50% of the possibilities.

      Then the earth's population can crack one encryption key in 77,000,000,000,000,000,000,000,000 years

      http://www.eetimes.com/documen...

      Anyone who thinks AES 256 (what iPhones are encrypted with) can be cracked by any computer doesn't understand the math.

      That's not to say there aren't potential successful ways to get the information besides brute forcing. I just get a little chuckle out of every time somebody suggests governments have magic computers. Yes, I'm aware of quantum computing and exactly how far along the tech has come and no, it isn't something that anybody has yet. The magic quantum encryption cracking system is still *at least* a decade away. (It may never happen, and if I were guessing, I'd put it at closer to a couple centuries away, but even assuming impossible breakthroughs have already been made, a decade is unreasonably optimistic.)

    2. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      I don't think the iPhone has a hardware crypto RNG.

    3. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      Anyone who thinks AES 256 (what iPhones are encrypted with) can be cracked by any computer doesn't understand the math.

      But iPhones use 4+6 digit pin codes, so that's at most 10000-1000000 codes to test.
      This is impractical to do on an actual phone, but what if they make a copy of the encrypted flash, and load that into a special emulator/simulator?

    4. Re:catch it in the middle, then, coppers by currently_awake · · Score: 1

      The baseband in your phone has access to the memory and microphone, and the NSA can serve a secret order to the chip maker to include a backdoor in the baseband. Why would they need to break the encryption?

    5. Re:catch it in the middle, then, coppers by AmiMoJo · · Score: 1

      If there is a vulnerability, it is probably in the random number generator... Second most likely place is the secure storage used to protect the key.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    6. Re:catch it in the middle, then, coppers by Bob+the+Super+Hamste · · Score: 2

      Hell even if quantum computers do exist the speed up isn't meaningful (yes it is a substantial reduction in effort but still unfeasible) for modern encryption algorithms. Using AES256 as an example if broken using a quantum computer is as difficult as breaking AES128 on a conventional computer. Or to put things in more perspective to break AES256 would take energy close to the total mass energy of the entire universe running on an ideal conventional computer. Similarly AES256 cracked on an ideal quantum computer would require the entire about energy output of our Sun over it's entire projected lifetime. To make matters worse this assumes an ideal computer which even the best modern machines are many orders of magnitude worse than. These are private key encryption schemes, but if we move to public key schemes like RSA it is easily broken on a quantum computer, but there are already replacements available such as Lattice-based cryptography.

      --
      Time to offend someone
    7. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      This is wrong.

      If you have someone's device, you also have the key. The only thing you'd need is the password (hence the device needing your password at boot).

      Guess what? Most people have a 4 digit password with a total combination of 10,000.

      Yes, all your devices could be brute forced in a second.

    8. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      To be clear, 100% of consumer devices use a two stage system.

      The OS holds the actual key, which then uses a user supplied password to unlock. If it weren't like this, you'd have to sit there for hours with a useless device (or suffer performance penalties) if you ever changed your password. It would have to decrypt the content with the old password then reencrypt. This is not to mention forgetting one's password - there would be absolutely no way to "forget my password".

    9. Re:catch it in the middle, then, coppers by macs4all · · Score: 0

      The baseband in your phone has access to the memory and microphone, and the NSA can serve a secret order to the chip maker to include a backdoor in the baseband. Why would they need to break the encryption?

      Oh, so you have a schematic of an iPhone?

      Apple designs their own SoC. And you have NO idea what the Baseband chipset does, or does not, have DIRECT access to in an iPhone.

      Period.

    10. Re:catch it in the middle, then, coppers by Kjella · · Score: 2

      This is wrong. If you have someone's device, you also have the key. The only thing you'd need is the password (hence the device needing your password at boot). Guess what? Most people have a 4 digit password with a total combination of 10,000. Yes, all your devices could be brute forced in a second.

      Stop trolling. Six failed attempts = one minute lockout, seven = five minutes, eight = fifteen minutes and nine = one hour. After ten failed attempts, the system will lock you out completely (default) or erase your data. So there's a 0.1% chance to unlock by chance and you can set up more advanced passwords if that's too much. Otherwise you're stuck unless you can reset the counter or read the embedded key that is fused into the chip, which is physically impossible using the chip itself. Maybe if you get a blueprint from Apple and spend ages under an electron microscope mapping it out you could unlock one phone.

      --
      Live today, because you never know what tomorrow brings
    11. Re: catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      You're not in IT are you? Nobody serious about cracking an iPhone taps the code in. They image the flash chips and run the code breaking in a script.

      Now go back to naturalnews.com or whatever moron website you came from. Over here we demand participants actually know something before posting.

    12. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      Anyone who thinks AES 256 (what iPhones are encrypted with) can be cracked by any computer doesn't understand the math.

      There is a long history of encryption flaws based on poor random number generation in many implementations.

      Do you trust Apple?

    13. Re: catch it in the middle, then, coppers by vux984 · · Score: 1

      You're not in IT are you? Nobody serious about cracking an iPhone taps the code in. They image the flash chips and run the code breaking in a script.

      While that would give you lots of time to work on the encrypted drive contents, that's not to work for brute forcing the 4 digit pass code though. At least not that simply.

      You might be able to break open the iphone and do some "rewiring" so as to be able to run against the unlock code using the iphone hardware, using your own custom software, but its going to be a lot more work than simply imaging the contents of the flash memory chips.

      Maybe.

    14. Re:catch it in the middle, then, coppers by grub · · Score: 1

      iOS devices can have alphanumeric (with special characters) passphrases that can be very, very long.

      --
      Trolling is a art,
    15. Re:catch it in the middle, then, coppers by rahvin112 · · Score: 1

      The magic quantum encryption cracking system is still *at least* a decade away.

      I would agree it's a decade away form widespread commercial deployment. But this research is being heavily funded by the NSA and Google already has a quantum computer deployed, but the real question is how many the NSA has deployed. Every qubit makes the decryption about 10 times easier and early research has said you would only need double digits of qubits to make breaking RSA 256 possible. Google's quantum computer is 4 qubits for reference and the maker claimed to have built an 8 qubit just recently. The one worrying thing here is the NSA has vast resources to throw at these problems, both in money and people. On top of that they are doing state of the art research in these fields and funding much of said research that's going on outside their own labs. Quantum computers change the game entirely.

    16. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      Anyone who thinks AES 256 (what iPhones are encrypted with) can be cracked by any computer doesn't understand the math.

      Anyone who thinks the NSA and GCHQ don't already have backdoors in most modern encryption systems doesn't understand history. Why do you think the FBI relies so heavily on parallel reconstruction? So they don't have to disclose that the NSA gave them a hot tip. Just like the Brits did to Germany in WWII after Turing broke Enigma.

    17. Re:catch it in the middle, then, coppers by HiThere · · Score: 1

      No. The most likely place is in the implementation of the crypto algorithm. And I doubt anyone will check that. (It's not actually impossible, but the first step would be to turn the binary into assembler...and I'm guessing it's easy to read the binary.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    18. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      ...and of this capability is developed, it'll be highly classified and not used to prosecute petty criminals.

    19. Re:catch it in the middle, then, coppers by gweihir · · Score: 1

      Anyone who thinks AES 256 (what iPhones are encrypted with) can be cracked by any computer doesn't understand the math.

      There are a lot of those people, and usually they are Dunning-Kruger sufferers too, i.e. they have no clue that they have no clue.

      Without a severe vulnerability in the cipher or its use, AES 256 can likely not be broken in this universe. Even a working Quantum Computer of sufficient size (and it is doubtful that one is possible, _and_ the model may break down at these complexities anyways) would not be able to do it.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    20. Re:catch it in the middle, then, coppers by gweihir · · Score: 1

      That is uninformed bullshit. Breaking block ciphers with Quantum Computers (if they turn out to be feasible at all for the sizes required) _halves_ the number of bits. AES256 would go down to 128 bit strength, which is still quite unbreakable.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    21. Re:catch it in the middle, then, coppers by adamstew · · Score: 5, Informative

      You mistake an iPhone's unlock code with the iPhone's encryption key. the iPhones do typically use a 4-6 digit pin as an unlock code. The user also has the ability to create a full alphanumeric password for the unlock code as well. However, that is simply the code that's used to unlock the actual full encryption key that is stored within dedicated crypto hardware. Apple uses a dedicated chip to store and process the encryption. They call this the Secure Enclave.

      Within the secure enclave itself, you have the device's Unique ID (UID) . The only place this information is stored is within the secure enclave. It can't be queried or accessed from any other part of the device or OS. Within the phone's processor you also have the device's Group ID (GID). Both of these numbers combine to create 1/2 of the encryption key. These are numbers that are burned into the silicon, aren't accessible outside of the chips themselves, and aren't recorded anywhere once they are burned into the silicon. Apple doesn't keep records of these numbers.

      The second half of the encryption key is generated using a random number generator chip. It creates entropy using the various sensors on the iPhone itself during boot (microphone, accelerometer, camera, etc.) This part of the key is stored within the Secure Enclave as well, where it resides and doesn't leave. This storage is tamper resistant and can't be accessed outside of the encryption system. Even if the UID and GID components of the encryption key are compromised on Apple's end, it still wouldn't be possible to decrypt an iPhone since that's only 1/2 of the key.

      The secure enclave is part of an overall hardware based encryption system that completely encrypts all of the user storage. It will only decrypt content if provided with the unlock code. The unlock code itself is entangled with the device's UDID so that all attempts to decrypt the storage must be done on the device itself. You must have all 3 pieces present: The specific secure enclave, the specific processor of the iphone, and the flash memory that you are trying to decrypt. Basically, you can't pull the device apart to attack an individual piece of the encryption or get around parts of the encryption storage process. You can't run the decryption or brute forcing of the unlock code in an emulator. It requires that the actual hardware components are present and can only be done on the specific device itself.

      The secure enclave also has hardware enforced time-delays and key-destruction. You can set the phone to wipe the encryption key (and all the data contained on the phone) after 10 failed attempts. If you have the data-wipe turned on, then the secure enclave will nuke the key that it stores after 10 failed attempts. Whether the device-wipe feature is turned on or not, the secure enclave still has a hardware-enforced delay between attempts at entering the code: Attempts 1-4 have no delay, Attempt 5 has a delay of 1 minute. Attempt 6 has a delay of 5 minutes. Attempts 7 and 8 have a delay of 15 minutes. And attempts 9 or more have a delay of 1 hour. This delay is enforced by the secure enclave and can not be bypassed, even if you completely replace the operating system of the phone itself. If you have a 6-digit pin code, it will take, on average, nearly 6 years to brute-force the code. 4-digit pin will take almost a year. if you have an alpha-numeric password the amount of time required could extend beyond the heat-death of the universe. Key destruction is turned on by default.

      Even if you pull the flash storage out of the device, image it, and attempt to get around key destruction that way it won't be successful. The key isn't stored on the flash itself, it's only stored within the secure enclave itself which you can't remove the storage from.

      Each boot, the secure enclave creates it's own temporary encryption key, based on it's own UID and random number generator with proper entropy, that it uses to store the full device encryption key in ram. Since the encryptio

    22. Re: catch it in the middle, then, coppers by adamstew · · Score: 2

      You're not an expert in cryptographically strong systems are you? See my previous post on this subject here: http://apple.slashdot.org/comm...

      tldr: What you are suggesting is actually impossible. Brute forcing the unlock code isn't at all possible through pretty much any means...reasonable or even unreasonable...maybe...JUST MAYBE...it's possible through absurdly unreasonable means.

      If what you are suggesting was actually possible, then the FBI, CIA, and nearly all law enforcement agencies across the USA and the world wouldn't currently be having a hissy fit over the way the iPhone is encrypted.

      Now go back to naturalnews.com or whatever moron website you came from. Over here we demand participants actually know something before posting.

      couldn't have said it better myself.

    23. Re:catch it in the middle, then, coppers by LordWabbit2 · · Score: 1

      I would mod up if I had any points, thank you for an interesting read.

      --
      There are three kinds of falsehood: the first is a 'fib,' the second is a downright lie, and the third is statistics.
    24. Re:catch it in the middle, then, coppers by maeka · · Score: 1

      What about backups? Or are they lost forever if I break my phone?

    25. Re:catch it in the middle, then, coppers by Anonymous Coward · · Score: 0

      Okay so it's encrypted at rest... and the screen can be locked... and you can't functionally interact with it while it is locked...

      Can software be deployed on it while it is connected similarly to the way U2 apps are delivered, or software updates? Can software access the unlocked user file-system in the background after the phone is booted?

      When software updates are signed, are they verified to be a known key or do they confirm only that they are signed by a certain Verisign root CA.

    26. Re:catch it in the middle, then, coppers by adamstew · · Score: 1

      Backups can happen in one of two ways: Backup over-the-air using iCloud or Backup through a connection to your local computer via iTunes.

      iTunes backups aren't encrypted by default, but you can encrypt iTunes backups with a password you select when you enable encryption of your iTunes backups. Obviously, selecting a good strong password for this increases the strength of your encryption.

      iCloud backups are a bit trickier:

      Pretty much everything stored in iCloud backup is available for Apple to decrypt on demand. The only parts of it that Apple can't decrypt are your iCloud keychain (stored passwords).

      Basically: If you don't want your data to be subject to government search, don't store your backups on iCloud. Use iTunes backups and make sure you turn on encryption.

      You can make iTunes backups be somewhat similar to iCloud backups in the sense that you can turn on wifi sync. If your iPhone and computer are on the same network, then your phone will sync with your computer and backup over wifi without having to plug the phone in. These backups will be encrypted and safe from government search, assuming your password is strong.

  5. Love - hate affair by Anonymous Coward · · Score: 5, Insightful

    For one, I love the fact that Apple is saying "fuck you" to the cops.

    On the other hand, it shows the power of multinational corps - they're above the law. Meaning one day, they may do me or others some serious harm and get away free - like Wall Street did.

    And as far as my personal privacy is concerned, neither can be trusted.

    1. Re:Love - hate affair by frnic · · Score: 5, Insightful

      Uh, I hate to break the news to you, but that day is already here. The oligarchs can do as they wish to you or anyone else.

    2. Re:Love - hate affair by ArhcAngel · · Score: 1

      It's OK, Alec Sandler will invent time travel and send Kiera Cameron and Liber8 back in time to set those evil corporations straight!

      --
      "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    3. Re: Love - hate affair by Anonymous Coward · · Score: 0

      I don't think this means they're above the law. They aren't breaking the law, they just aren't complying with authorities as much as the authorities want them to.

    4. Re:Love - hate affair by rhazz · · Score: 2

      On the other hand, it shows the power of multinational corps - they're above the law.

      If they were really above the law, they probably wouldn't already servicing these police requests (which they are), and they probably wouldn't be in court fighting against having to do it in the future.

    5. Re:Love - hate affair by mattventura · · Score: 2

      In what way are they above the law? Apple doesn't comply with requests to decrypt phones because it's not physically possible for them to do so. If law enforcement told me to walk on water, being unable to do that doesn't put me above the law.

    6. Re:Love - hate affair by Anonymous Coward · · Score: 0

      This is all Snowden's fault.

      As soon as he showed that the law was above the Law, Apple refused to touch that subject even with a 10' pole.

      Thanks Obama!

    7. Re:Love - hate affair by fred911 · · Score: 1

      " it shows the power of multinational corps - they're above the law."

      No it doesn't. It shows they are following the law. Just because a cop makes a request, doesn't make it a law. The law doesn't lie or distort fact to obtain results. The law is set by courts and enforced by courts, cops are just minions who are currently out of control.

      --
      09 F9 11 02 9D 74 E3 5B - D8 41 56 C5 63 56 88 C0 45 5F E1 04 22 CA 29 C4 93 3F 95 05 2B 79 2A B2
    8. Re:Love - hate affair by Anonymous Coward · · Score: 0

      Not helping law enforcement is not making oneself "above the law". Drop the "hate" part of Your "Love - hate affair" or at least be accurate in stating what You "hate".

    9. Re:Love - hate affair by Anonymous Coward · · Score: 0

      The oligarchs can do as they wish to you or anyone else.

      What about Vladimir Putin? Oligarchs who cross him always seem to wind up dead, even if they're living abroad.

  6. Maintaining personal control, privacy and freedom by nightfire-unique · · Score: 1

    .. is worth risking a few lives.. including my own.

    --
    A government is a body of people notably ungoverned - AC
  7. When you say "impossible," do you *mean* impossibl by wonkey_monkey · · Score: 3, Insightful

    the government’s requested order would be substantially burdensome, as it would be impossible to perform

    That, to me, would seem to be the end of it. It's impossible. Can't be done. Don't even bother asking.

    But then the lawyer goes on to image a hypothetical customer asking:

    "why is [Apple] continuing to comply with orders that don’t have a clear lawful basis in doing so?"

    How is it complying if it's supposed to be impossible to do so?

    --
    systemd is Roko's Basilisk.
  8. A hypothetical consumer? by Anonymous Coward · · Score: 0

    This whole statement doesn't make sense.

    A hypothetical consumer could think...

    A hypothetical consumer could think of anything, including that an iPhone will give them god-like powers and cause women to swoon at the mere presence of said iPhone. In fact, the distortion field has people thinking that spending the extra money gives them perceived status.

    if Apple is not in the business of accessing my data and...

    Okay, so they "don't access your data", but have control to add and remove applications from your iDevice remotely. If they can install/uninstall remotely, how is it they don't have access to my data?

    if Apple has built a system to prevent itself from accessing my data,...

    How? If the phone is encrypted... that's unlocked at boot, or maybe at a folder level. If they can push stuff, how can they not pull? Not even app version numbers?

    why is it continuing to comply with orders

    Assuming 'it' is Apple...

    that don’t have a clear lawful basis in doing so?

    what doesn't have a clear lawful basis? you mean the court-ordered subpoenas for information that could be stored on a phone? Or those search warrants that were legally obtained?

    What the hell do they mean "clear lawful basis in doing so?" doing what?

    I'm no lawyer, nor do I pretend to be one. I'm also a big advocate for personal privacy and really don't like the idea of reversible encryption. I don't think it should fall on Apple, Microsoft or Google to crack a phone. If the proper legal process was followed, then it should fall to the owner of said phone to decrypt.

    1. Re: A hypothetical consumer? by Anonymous Coward · · Score: 0

      This!

      Rather than creating a law that puts us all at risk, why not a law that says that a suspected terrorist given a warrant to allow searching your devices for a terrorist investigation from NSA, you must unlock a device or face up to 20 years in jail in solitary confinement.
      If the information is sought, it should be clear what Information is being requested. It shouldn't be for fishing expeditions.
      If they are searching, it's because of other information they do have.
      ANY other solution WILL be abused.

    2. Re: A hypothetical consumer? by Anonymous Coward · · Score: 0

      5th amendment?

    3. Re:A hypothetical consumer? by Anonymous Coward · · Score: 0

      if Apple has built a system to prevent itself from accessing my data,...

      How? If the phone is encrypted... that's unlocked at boot, or maybe at a folder level. If they can push stuff, how can they not pull? Not even app version numbers?

      This is my big issue. We aren't talking about somebody in their mom's basement trying to crack an iPhone. We're talking about a government agency that has funding to hire professionals and experts. TFA had some hand-wringing about a guy who had his phone set to self-wipe after 10 failed authentication attempts.

      I mean, so fucking what? They have physical access to the device! There is a chip or program somewhere that can read and write this data for an authenticated user. Is it a key-derivation function where the password could be brute forced? Is it a chip that needs to be physically extracted and connected to some other equipment that will give it the ciphertext and a decode command? In fact, I have no reason not to believe that the NSA or whoever does have a machine or procedure to obtain a decrypted disk image given the physical device.

      All this is is an authoritarian power trip by small minded tyrants who want the public to believe that iPhones are powered by pixie dust. If they don't have such a device or procedure, then they're imbeciles. Yes, consider this my offer to create such a device or procedure given a reasonable budget and a hardware person if we're talking about a black box chip that does the crypto. (Granted, I might need ample compensation. Everybody has their price.) People need to stop acting like computers are magical palantirs powered by waldos.

      Why does Apple even need to be involved in this? Why is law enforcement serving Apple with a warrant? What the fuck did they do outside of creating a popular device that most likely uses industry standard crypto and best practices? Standard car analogy: when the fuck are they going to go after a luxury car manufacturer because it's a popular brand that terrorists and drug dealers also happen to use?

      Yet, at the end of the day, we won't slide back into the dark ages because of power-tripping authoritarians and 1%ers. It'll be because nobody cares to even learn the fucking basics about technology they use on a daily basis. I'm not a mechanical type person, but I at least understand the basics of 4-stroke and 2-stroke engines. People don't need to get PhDs to understand the fucking basics. All they need to do is a Google search. Yes, you ignorant palantir-using cows, the fucking basics can be understood by anyone as soon as you realize that you're using technology instead of a magical palantir hand-built by the high wizard Steve Jobs' disembodied spirit.

      I should put the keyboard down. Computers are sufficiently advanced technology indistinguishable from magic, and I don't have the words to express my frustration with the general public who think Lawnmower Man was a documentary.

    4. Re:A hypothetical consumer? by MachineShedFred · · Score: 1

      A hypothetical consumer could think of anything, including that an iPhone will give them god-like powers and cause women to swoon at the mere presence of said iPhone. In fact, the distortion field has people thinking that spending the extra money gives them perceived status.

      You mean it doesn't?! Fuck!

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    5. Re: A hypothetical consumer? by Anonymous Coward · · Score: 0

      They don't have a procedure because they designed it with the express goal of that procedure not existing.

    6. Re: A hypothetical consumer? by kwbauer · · Score: 1

      Oh, now you're just talking crazy shit.

      sadly and unfortunately.

    7. Re:A hypothetical consumer? by adamstew · · Score: 1

      Physical access doesn't necessarily get you the encryption key. The encryption key is stored on the device in some very complicated silicon that is not easily read outside of the device itself. For a full explanation see this: http://apple.slashdot.org/comm...

      Basically, the only chip that has access to the key also does all of the encryption itself. the key never leaves this chip and it's not really possible to get the encryption key from the chip. You can't use a different chip or brute force the key from the chip because the chip intentionally slows brute force attempts to once per hour after 9 attempts and can be set to destroy the key after the 10th attempt.

      maybe...JUST MAYBE...you might be able to extract the key from the chip using an electron microscope and a large quantity of labor (man months worth) and it would cost millions of dollars to do so. And it is possible they designed the chip such that exposing the silicon so it can be scanned by the microscope could be destructive.

  9. So Apple is the hero? by Anonymous Coward · · Score: 0

    So Apple is the lone defender of the free world nowadays?

    Weep or laugh, that is the real question.

  10. Showdown coming in China by ebob · · Score: 1

    It will be very interesting to see how Apple's intransigence holds up when China goes through with its threat to prevent the sale of phones that don't contain a back door. It seems they could be painting themselves into a corner.

    --
    To avoid seeing this message again, always shut down your computer properly by selecting Shut Down from the Start Menu.
    1. Re:Showdown coming in China by argumentsockpuppet · · Score: 1

      Interesting indeed. I'm guessing Apple will put "Government X Approved" stickers on those phones they build dual access into and people buying copy-cat stickers and phones from other countries will become big business.

    2. Re:Showdown coming in China by currently_awake · · Score: 1

      China makes those phones, they can alter the design as required.

    3. Re:Showdown coming in China by gweihir · · Score: 1

      Or alternatively, there will be a lot of smuggling of iPhones into China in the future.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    4. Re:Showdown coming in China by Anonymous Coward · · Score: 0

      China merely assembles the phones.

      The components of the phone are made by over 200 suppliers in over 40 countries.

      Apple actually ties critical hardware components together with crypto to prevent the workers from simply running the production line after hours to make countrified phones. They have supply chain integrity in a way that very very few vendors do.

      Thats why all the fake iPhones you see are running skinned Android, not iOS, and rely on the "dumb" components.

    5. Re:Showdown coming in China by thejynxed · · Score: 1

      I thought the iPhone was manufactured in Taiwan? If so, then the Chinese government will just do what they do with every other foreign company - use the designs they outright steal to make their own knockoffs modified in the manner that they want to sell domestically (and to gray market importers).

      --
      @Mindless Drivel: 100% of Twitter posts ever Tweeted.
  11. Of course, that's why they want to propose... by mark-t · · Score: 4, Insightful

    ... that it be illegal for phone manufacturers, such as Apple, to *NOT* be able to decrypt customer data upon request by law-enforcement.

    The problem with this of course, is that it will not really stop the really bad guys from using strong security, since they are going ahead and breaking the law anyways, and while it might stop the otherwise too incompetent person who wouldn't know how to use such facilities from getting away with something they might have otherwise, in general, all this does is mean that most of the stuff that law enforcement is able to access is stuff that is entirely benign and wouldn't be of interest to them.

    But of course, no matter how well intentioned the government and law enforcement may claim to be, and even if they *COULD* be fully trusted to not abuse such access to the general public's highly confidential and private data (leaving aside the whole matter that they may not be as trustworthy as they claim aside, and suggesting that even *IF* they could be trusted so completely), if they can decrypt it, then so can the bad guys, who will abuse it and invariably cause harm to completely innocent people. And suddenly, law enforcement actually has a harder job than they had before, because while their job may have become slightly easier with respect to catching otherwise incompetent criminals that don't know how to use strong encryption that isn't legally available, and that they might have been able to catch in other ways anyhow, now they *ALSO* have to work harder to protect the public from the new potential attack vector on completely innocent parties that such regulations would give the bad guys.

    1. Re:Of course, that's why they want to propose... by 110010001000 · · Score: 1

      Ding. Ding. Ding. We have a winner. That is exactly what this court case is about.

    2. Re:Of course, that's why they want to propose... by vux984 · · Score: 0

      The problem with this of course [...]

      The reason this is NOT actually a problem is that the majority of people (including the "really bad guys") suck at security. Period.

      So they won't go ahead install and use strong security properly.

      Especially when it becomes exceedingly hard. (Its not just by default on their phone, Its not even just an app in the app store.) So they have root their phones, and side-load stuff, and the stuff they choose to side load has to be selected, installed, configured, and USED properly to actually get them real security.

      Yes, some SMALL portion will be sophisticated and do it all. But they can still catch most of what they want. And the small portion they can't monitor just painted a target on themselves; and they don't even have to be caught doing a crime now... just being caught using "rooted phones with illegal encryption software" will itself be a crime.

      So while you gnash your teeth and say "it'll never work because then only criminals will have strong encryption" if you think about it a bit harder you'll realize that :

      a) no, most of them won't. because most criminals, and most terrorists are just your usual run of the mill idiot, and not comic book super villains.

      and b) the ones that are sophisticated enough on the IT side can be prosecuted for that by itself under such a regime; merely for possession of a device that isn't properly government back-doored.

    3. Re:Of course, that's why they want to propose... by currently_awake · · Score: 2

      The Paris attackers used normal cellphones, and they got away with it. Osama Binladen had couriers using normal cellphones, and he got away with it for many years. We'd probably have had more success on both fronts if they had used good crypto, as it would have stood out from all the noise.

    4. Re:Of course, that's why they want to propose... by Lab+Rat+Jason · · Score: 4, Insightful

      Two things: First, US law doesn't extend to other nations... so making encryption illegal here won't stop it from happening anywhere else. Bank fraud and ransom are already illegal in the US... does that stop Russian hackers? Nope. Chinese hackers? Nope.

      Second, go read up on Watergate, and tell me you want the government to have the capability to look at the contents of any person's phone. I'm not concerned at all about someone reading my emails. They're pretty boring. I'm worried about the incumbent political party (Dems or Reps... doesn't matter which) ensuring that they STAY the incumbent party... once the democratic process has been subverted, we will never be able to return to it. People keep saying "but warrants" and I keep saying... warrants must be read and obeyed by people... there isn't some technical interlock that ACTUALLY prevents a law enforcement tech from using the back door... just look to newly coined terms like "loveint" to better understand the fallacy of trusting regular people with such power.

      It's CRAZY to me to see how many people append "gate" to the end of their meaningless little scandals, because it cheapens the actual nefariousness of the actual Watergate scandal. Imagine where we would be today if they hadn't been caught?

      --
      Which has more power: the hammer, or the anvil?
    5. Re:Of course, that's why they want to propose... by mark-t · · Score: 1

      From your response, I can only conclude that you didn't bother reading the third paragraph.

    6. Re:Of course, that's why they want to propose... by mark-t · · Score: 1

      Third, and this is reiterating the point that I made above, even *IF* the government could be completely trusted to not abuse the ability to decrypt the general public's communications when so needed by law enforcement, and no matter how benign their intention may be, if law enforcement can decrypt such communications, then so can the bad guys, because while making something illegal may possibly dissuade some significant percentage of people from doing that thing, it is by no means proof against people doing that thing (if it were, there would be no traffic tickets, for instance). And suddenly, law enforcement has *MORE* work to do, trying to protect the general public from harm that may be caused by opportunistic bad guys exploiting the weaker security measures that wouldn't even have been a potential attack vector in the first place if the government wouldn't outlaw strong encryption.

    7. Re:Of course, that's why they want to propose... by vux984 · · Score: 2

      Two things: First, US law doesn't extend to other nations... so making encryption illegal here won't stop it from happening anywhere else.

      So? A backdoored device is still backdoored even if its used where its not mandatory. And if enough important countries require them, then it'll affect the rest too. Because: economics.

      Bank fraud and ransom are already illegal in the US... does that stop Russian hackers? Nope. Chinese hackers? Nope.

      Relevance? I never argued that backdoors would reduce crime.

      Second, go read up on Watergate,

      Hold up!

      I am NOT for the government to have this capability, I'm simply explaining why giving it to them isn't as automatically "ineffective" as some people think. If the government has backdoors, it REALLY WILL let them into most criminals and terrorists phones (along with everyone elses). I'm definitely not saying that makes it a good thing, nor even that its justifiable, or even that it will make us safer. I don't think any of that.

      . People keep saying "but warrants" and I keep saying... warrants must be read and obeyed by people... there isn't some technical interlock that ACTUALLY prevents a law enforcement tech from using the back door... just look to newly coined terms like "loveint" to better understand the fallacy of trusting regular people with such power.

      Agreed.

    8. Re:Of course, that's why they want to propose... by vux984 · · Score: 1

      Your third paragraph is really about a whole separate issue of backdoors; that it gives malicious entities a new attack point... the backdoor itself.

      This is true and a good point to make; and I don't dispute it at all.

      But it doesn't really address the fact that the backdoors really will affect the majority of criminals TOO which you glossed over implying that criminals would all be using good encryption. That simply wouldn't happen.

    9. Re:Of course, that's why they want to propose... by Lab+Rat+Jason · · Score: 2

      I'm simply explaining why giving it to them isn't as automatically "ineffective" as some people think.

      I believe that it IS automatically ineffective. The government has yet to point to a single example of a major crime being disrupted through their spying programs, and I suspect it will continue to be that way in perpetuity. The reason is, when you are awash with data, getting even more data rarely helps. One must have a starting point. One must already have a suspect to consider. Once a suspect is identified, then the search through the data can be meaningful, but in every material case that people point to and say "see this is why we need access to their data" the truth is even more simple: the case was cracked by some other means. The other side of the coin is that millions of people will be ransomed and robbed online by untouchable criminals in countries with no extradition, and the government will be completely ineffective at stopping it. Look to the OPM breach to see how the government punishes those who hack and steal American data. Their advice to those affected by the breach is to never make a new friend, never trust a stranger. We have lost our humanity because our government is the lowest common denominator when it comes to proper information security.

      --
      Which has more power: the hammer, or the anvil?
    10. Re:Of course, that's why they want to propose... by vux984 · · Score: 1

      I believe that it IS automatically ineffective. The government has yet to [..]

      I totally agree. But that's a difference nuance for "ineffective". I am saying it will effectively give them a backdoor into (most) criminals devices. I agree completely with you that having one won't necessarily directly help them stop any crimes.

      At best it might make prosecution a bit easier, and cut the cost of surveillance down on a legitimate target. But the cost of actual working security isn't worth that.

    11. Re:Of course, that's why they want to propose... by mark-t · · Score: 1

      I suggested that *competent* criminals would use good encryption, and it is a specious claim that an ability for law-enforcement to decrypt communications as needed would actually significantly increase the number of criminals that they would catch. It may make some difference, but it would not be significant. As has been noted elsewhere, many criminals don't even use encryption at all. Considering how much EXTRA work it would create trying to protect innocent parties from being exploited by opportunistic criminals taking advantage of the holes that would necessarily exist in security if strong encryption were actually outlawed, the result is net loss for law enforcement, and a net loss for the general public. Only the criminals would stand to gain.

      Some people might even suggest that is actually the whole idea, but I don't want to get into that kind of political argument, I only argue that the viewpoint exists.

    12. Re:Of course, that's why they want to propose... by vux984 · · Score: 1

      I suggested that *competent* criminals would use good encryption

      Yeah, but what does that mean? "competent criminals". Does a criminal have to be both competent at their usual actual criminal enterprises AND have a cross disciplinary expertise in strong crypto alongside that; just to be counted as a "competent criminal"? Because if so, fine, but then the vast majority of criminals, even the really successful ones, aren't going to pass that bar. And it would be pretty misleading to call them "incompetent".

      and it is a specious claim that an ability for law-enforcement to decrypt communications as needed would actually significantly increase the number of criminals that they would catch.

      No argument there. I never suggested once that it would do that.

    13. Re:Of course, that's why they want to propose... by mark-t · · Score: 1

      One does not need to be a security expert to know how to use strong encryption today, and one wouldn't need to be any more of an expert if the technology were suddenly illegal. The only thing one would have to show some competence at doing in order to use strong encryption under such a system is getting access to equipment that happens to be illegal in the first place. If it suddenly became law right now that phone manufacturers had to be able to decrypt customer content on demand by law enforcement, all a person would have to do to bypass this is use a phone that was made before today, because the number of innocent people that use such phones is too high to distinguish any of them from someone with criminal intent.

    14. Re:Of course, that's why they want to propose... by mark-t · · Score: 1

      But it is actually IN-effective because of the extra work that they will create for themselves trying to protect innocent people from opportunistic criminals that will try and use those same backdoors to cause harm to people that otherwise could have enjoyed at least a first layer of defense via strong encryption. This extra work will tie up resources that they could otherwise use to be catching the people that they are alleging that having such backdoors would simplify.

      So yeah.... it's automatically a losing situation for them, as well as for the general public.

    15. Re:Of course, that's why they want to propose... by vux984 · · Score: 1

      One does not need to be a security expert to know how to use strong encryption today,

      In a world where all else is the same, but Apple is required to backdoor its devices. One would presume that downloading a strongly secure app from the apple app store would be similarly blocked.

      So... our non expert needs to root his device, locate from secure sources a secure solution (and correctly evaluate it as actually secure and legitimate and appropriate to his needs). Given how difficult this is even using legitimate software (given to how shitty "encrypted flash drives" and certain "password managers" are... now just speculate how hard it would be for a non-subject expert to find the correct solution when the porn and malware peddlers are all pushing repackaged and riddled with crap versions.

      Plus I'm betting the majority would fail to realize why using Facebook messenger with a dummy account over TOR has huge security flaws.

      If it suddenly became law right now that phone manufacturers had to be able to decrypt customer content on demand by law enforcement, all a person would have to do to bypass this is use a phone that was made before today

      Take a longer view. While that might be true tomorrow, 5 years from now they're still going to be using 2016 phones. 10 years... still 2016 phones... or maybe 10 years out the phone networks just changes tech again... and nothing from 2016 works at all. Like your old analog motorola flip no longer works today.

    16. Re:Of course, that's why they want to propose... by kwbauer · · Score: 1

      Wait, are you actually proposing that making otherwise law-abiding citizens jump through another set of hoops to exercise a fundamental human right will not prevent criminals from being criminals?

      I'm hearing the exact opposite on CNN and MSNBC.

    17. Re:Of course, that's why they want to propose... by mark-t · · Score: 1

      I'm not suggesting that.... I'm only suggesting that its effect will probably be minimal, and regardless, it will be positively *DWARFED* by the increased work that law enforcement will then have to undertake in order to try and protect innocent parties from being exploited by the weaker security that they have been compelled by law to use, so the net effect is *MORE* work for law enforcement, not less.

    18. Re:Of course, that's why they want to propose... by gweihir · · Score: 1

      This whole thing only helps catching small-time criminals as it requires the criminal in question to be unaware or too stupid to understand what is going on. Hence it is a) not needed to fight small-time crime, as the stupid criminals usually make plenty of other mistakes and b) for competent criminals it does not help, as nothing will be on the phone.

      This is not about fighting crime at all, unless law-enforcement has gotten terminally incompetent at their job.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  12. Only for peons by Anonymous Coward · · Score: 0

    It takes guts to stand up to government, especially the U.S government.

    Only for peons. For big mega corps, it takes guts to stand up to them. See, if any cop gets out of line, big mega corp - Apple in this instance - uses their political power to have said cop(s)/entire departments destroyed.

    In Heinlein's "Friday", he predicted corporations being the super powers. And they are even getting their own armies! (See, Halliburton and Xe services)

    1. Re:Only for peons by HiThere · · Score: 1

      Aspin's "Cold Cash War" was before that, and Mack Reynolds stories even before that. And I'm not sure he was the first.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    2. Re:Only for peons by TheRaven64 · · Score: 2

      You know what they say about people who don't study history? That they've never heard of an East India Company.

      --
      I am TheRaven on Soylent News
    3. Re:Only for peons by HiThere · · Score: 1

      That wasn't fiction, and wasn't set in an era with fast transport. If you want to use the East India Company as a horrible example, you need to have either at least interplanetary travel or some sort of post catastrophe scenario where travel is again slow enough that it can take months for a message to get through.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
  13. Backdoors? Why? by jetkust · · Score: 1

    What even is the point in designing security where this is possible? If Apple can just circumvent the security and hand over any data, then who else can? Isn't that just admitting that their security/privacy is flawed?

  14. From the docket by l0n3s0m3phr34k · · Score: 1

    The Government's argument to force Apple is because Congress has yet to specifically pass a law saying "don't do this" it's all legal and fine.

    THE COURT: So short of Congress passing a law prohibiting what you want here, it's fair game? Anything else that Congress may have done in terms of considering legislation one way or the other, because it doesn't result in a statutory prohibition, wouldn't be enough to say, it's off limits for the All Writs Act?

    MS. KOMATIREDDY: Yes. Short -- essentially yes

    1. Re:From the docket by kwbauer · · Score: 1

      Someone earlier posted the fallacy of the "Congress hasn't yet told police they can't do this so they can" argument. It is called the 10th amendment to the Constitution of the United States of America. Closely related is the "hey, retards, people have way too many rights for us to bother writing them all down so we just wrote down a few of the more important ones" amendment, the 9th.

    2. Re:From the docket by l0n3s0m3phr34k · · Score: 1

      I totally agree. Apparently the Justice Department, via their lawyer Saritha Komatireddy, either doesn't grasp this idea or is just...you know, being a lawyer and pushing whatever limits she can. It's ridiculous, that the DOJ is purposely once again attempting to do an end-run around the 9th and 10th Amendments. From the docket transcript, it seems the judge doesn't really buy her idea either.

  15. Re:When you say "impossible," do you *mean* imposs by Anonymous Coward · · Score: 0

    I suspect the additional statements were because this specific case involved an iPhone that was using iOS 7. That version, if I recall, does not feature the same level of default encryption and Apple might have the technical means to unlock it. They're saying that it's confusing to a customer when they say "We can't unlock your phone", but then go back and unlock the phone in this case because it was no a specific version of iOS.

  16. Re:five kinds by Anonymous Coward · · Score: 0

    That's only three. Idiot.

  17. Are phones not protected under the 5th amendment? by chewtoy-11 · · Score: 1

    I mean, at the very core, a phone is a tool (let's pretend it's a diary in this example) -- it can contain useful or useless information, but ultimately it is a very private thing. It has the power to incriminate someone beyond the investigation at hand. Law enforcement's desire to decrypt first, ask questions later really is equivalent to violating a person's privacy and fifth amendment protections to abstain from revealing information that could potentially incriminate themselves.

    --
    C. Griffin
    "Can I keep his head for a souvenir?" --Max from Sam 'N Max Freelance Police
  18. Lazy policework by MakersDirector · · Score: 0

    Let's look at the request being made of Apple from a 10,000 foot view. In today's day and age, evidence can be planted and manipulated rather easily in a digital device. In my opinion, if investigators are leveraging these devices to influence convictions in the absence of real evidence, they are doing the individual an injustice. This, to me, is shoddy detective work at best, and at worst just plain laziness.

    So for whatever reason, Apple - a global company being pressured by a hundred different legal requests around the world is pushing back.

    Asserting themselves as an global organization.

    And saying "Do real police work and investigate the individual. This doesn't mean investigating and manipulating the companies they chose to do business with."

    Why are the cultures and rules built into a company such as Apple being ripped apart and the company victimized to satisfy the demands of lazy detectives?

  19. Re:When you say "impossible," do you *mean* imposs by Anonymous Coward · · Score: 0

    Clearly you did not read the article. The two sentences have different contexts.

  20. This sounds a lot like e-discovery rules by ErichTheRed · · Score: 5, Insightful

    I've worked in a few corporate environments where they were extremely paranoid about e-discovery (back when this was a new thing.) Almost always, the answer was to set the retention policy to 30 days, as in, no email backups older than 30 days, no (sanctioned) way to archive email, and everything older than 30 days was purged from mailboxes. This allowed the company to say with a straight face, "I'd love to give you the messages relevant to such-and-such business deal gone bad 5 years ago, but I simply cannot."

    It sounds a lot like what Apple's doing -- they purposely built the encryption system with no way to bypass it so they can push it right back on the police and courts -- "Sorry, can't help you!" That gets them tons of great customer PR, as opposed to Google/Android, so it makes sense.

    1. Re:This sounds a lot like e-discovery rules by Aighearach · · Score: 5, Insightful

      That kinda sounds like a decent analysis, if you don't know what encryption is. If they can give out somebody else's data, it isn't actually encrypted; it is merely obfuscated.

    2. Re:This sounds a lot like e-discovery rules by Lab+Rat+Jason · · Score: 1

      I wish I could +1 this... well said.

      --
      Which has more power: the hammer, or the anvil?
    3. Re:This sounds a lot like e-discovery rules by Anonymous Coward · · Score: 0

      I agree. This is a great move, and good for them. In this case, they removed a costly burden of providing records for questionably legal "court inquiries" by removing themselves from the equation, which I think is frankly brilliant (yes it IS costly. SOMEONE pays for a technician to sit there and do the work, and you can bet the police aren't paying). Not only can they not comply with requests to hand over data, I doubt they can be sued/forced to try successfully. I like this, this is how it SHOULD BE. It's not Apple's fault what I do or don't do with their phone, it's MINE. If some nutter runs over a crowd in a Buick, it's HIS fault, not Buick's. Kinda of like guns....if I shoot someone, it's my fault, not Remington's, and not the gun store that sold it to me after running a background check and finding no felonies....

      Oops, went down that rabbithole.

    4. Re:This sounds a lot like e-discovery rules by kwbauer · · Score: 1

      Yup, you have everybody on your side until that last bit and then they all tripped because it no longer computed for them and they can't figure out why.

  21. Re:When you say "impossible," do you *mean* imposs by phantomfive · · Score: 3, Interesting

    But then the lawyer goes on to image a hypothetical customer asking:.......How is it complying if it's supposed to be impossible to do so?

    You are implying that the lawyers are making an illogical argument (of course, lawyers are always perfectly logical, right? um.....)

    Imagine if the court case escalated and went to the supreme court, where the supreme court decided, "you must change your software to make this possible." That is the scenario the lawyers are trying to avoid.

    The trick to understanding legal arguments is to remember they happen in context of the law, and are only vaguely related to reality.

    --
    "First they came for the slanderers and i said nothing."
  22. Why? - Cause Math by argumentsockpuppet · · Score: 1

    Mechanics of "why not" here: http://blog.cryptographyengine...

    Math of "why not" good introduction here: http://www.eetimes.com/documen...

  23. Re:its just more selective than allowing every LEA by Entrope · · Score: 4, Interesting

    Even if it is possible, there is the question of cost effectiveness. If it takes millions of CPU-hours to crack -- or, worse, days or weeks of some expert's time to take the cap off a chip, peer with an electron microscope, and poke with an electron beam -- then the nation-state will probably limit attacks to cases where they have exceptionally high expectations of return.

    Or the police will break out the $5 wrenches and rubber hoses, which runs into its own set of problems.

  24. Re:its just more selective than allowing every LEA by Anonymous Coward · · Score: 1, Insightful

    So much this. I don't know much about how iPhones work, but how complex is the average person's password? Surely they must use a key derivation function during authentication. I doubt it has something even as sophisticated as a chip that holds the private key or a symmetric key and only performs encryption operations without sharing that key.

    Back when I used to hang out with the local uni computer club, we used to crack passwords for fun using John the Ripper on a cluster of various old hard like 386s and 486s. I started watching Mr. Robot recently and had a laugh at the sad but true nature of passwords people pick.

    This is simply law enforcement being unnecessarily intrusive into everybody's lives. Power-tripping authoritarian assholes. If they had an iPhone that had data of life or death importance, I refuse to believe that the sucker wouldn't be decrypted in under 24 hours.

    As an official from the Department of Homeland Security had previously testified, law enforcement had a device to easily run through every possible passcode to unlock an iPhone. But Feng’s phone was configured to erase all its data if someone unsuccessfully tried 10 times in a row to unlock it.

    I think I see the problem. Law enforcement views iPhones as magical palantirs powered by waldos and doesn't know how to back up the raw contents of the filesystem before running a distributed brute force. Incompetence.

    And the public is so fucking ignorant we're debating whether government should have a back door into magical palantirs powered by waldos instead of debating why cops and elected officials are so fucking stupid when it comes to technology and what we need to do to send them all to the unemployment line.

    There may be some actual technical brilliance here on Apple's part like the crypto chip I mentioned above. Even then it should be possible to hook that chip up to some other device and feed it the ciphertext along with a decode command. But we'll never know for sure because computers are sufficiently advanced technology and therefore indistinguishable from magic.

    (Also interesting trying to separate out the Apple reality distortion field from the normal reality distortion that makes computers magical palantirs powered by waldos.)

    Captcha: tyranny

  25. Re:When you say "impossible," do you *mean* imposs by luiss · · Score: 5, Informative

    I think the statement reads oddly out of context because the case is about an iOS7 phone, where it's not 'impossible' (only burdensome) yet warning them that it will be impossible in the future. They're afraid that un-encrypting it now, just because it's not 'impossible' will mean that in the future they might be forced (by law) to make it possible, so they're arguing that they shouldn't have to do it, even now that it's only 'burdensome'.

  26. ok, we all know the problems, what's the solution? by yodleboy · · Score: 2

    Seriously folks. Is there a way to encrypt my non-rooted phone that does not rely on anything the manufacturer provided and won't kill performance? If we can't trust the manufacturer to leave out backdoors, what's the alternative?

  27. Re:When you say "impossible," do you *mean* imposs by Anonymous Coward · · Score: 0

    How is it complying if it's supposed to be impossible to do so?

    Because it is still possible in some cases.

    Until everyone is running iOS 9, there will still be perfectly good, though crufty, iPhones out there running unencrypted. If the cops bring Apple one of those, then encryption is not a technical barrier to retrieving data from the device.

    If I've got a working phone that I spent $$$ on and Apple wants $$$$$ for the latest incarnation, as long as my old phone does everything I need, there's no incentive to lay out a ton of cash. As long as that's the case, crufty, old, unencrypted phones will be used and, if the cops confiscate one, Apple could technically get at the data for them.

  28. Apple doesn't have a lot of government business by mveloso · · Score: 3, Interesting

    One of the reasons Apple can do this is that its dependency on government contracts is very, very low. Cell carriers are pretty dependent on the Feds and have a lot of revenue/relationships at risk.

    That's not saying what Apple is doing isn't great, it's that it's easier for Apple to do that because the cost of doing it is relatively low.

  29. some contempt of court / accessory changes will by Joe_Dragon · · Score: 1

    some contempt of court / accessory changes will change there tune or maybe some GITMO time.

  30. Re:When you say "impossible," do you *mean* imposs by Anonymous Coward · · Score: 0

    They are talking about encryption. It is impossible in the sense that it would take too damn long to crack.

    Court: "I order you to crack the encryption!"
    Apple: "Understood."
    ~Week later~
    Court: "Why don't we have the information yet?"
    Apple: "We are only through 0.026% of possible keys."
    Court: "How long is this going to take?"
    Apple: "We have a 50% chance to find it within 15 years. Could take up to 30 testing all possibles."
    Court: "Can't you speed up the process?"
    Apple: "We can speed it up by a few years, but the chance of finding it within a reasonable time is mathematically prohibitive with current technology and would put unreasonable burden on our finances."

  31. Magical thinking and mixed agenda. by niftymitch · · Score: 1

    There is just too much magical thinking.

    Apple has built a device and market that gathers money in large
    and small chunks from millions heck billions of people to the
    tune of billions.
    Cash into iTunes must be secure enough.
    Cash to pay for that phone swiped coffee in the morning must be secure enough.
    Connection to HealthCare.Gov must be secure enough.
    Connections to Amazon commerce must be secure enough. ...... all must be secure enough.

    These collectively mandate a secure design foundation.

    If Apple installed a side door to security in all their products as per these
    requests and dreams and that side door was to be hacked the liability to Apple
    could make the airbag recall and regulatory fines seem small.

    Heck Kafka just called to remind me that a class action involving
    all 700 million iPhones would need a secure payment system
    to disburse the judgement. iPads, MacBooks.... too. iTunes
    runs on WindowZ... so iTunes must have its own methods and policy
    because Windows is so fragile.

    The law enforcement goobers that want access via a side door simply
    to make their job easier today FAIL to understand that if the keys to
    the side door were to be stolen they could not keep up with the
    flood of crime that theft enables. CSI is fiction but some magical
    thinking wonks accept it as fact.

    Wonks like this forget that great fiction works because suspension of disbelief
    or willing suspension of disbelief happens and allows the author to explore
    a fictitious story line.

    Watch a TV show then watch the credits. The fantasy is that a couple
    of guys like Jamie and Adam can just do what they want to entertain us.
    Finance, sponsors, writers, production, a support team that scrolls on the
    screen in tiny print permits from fire departments, ATF and more.
    Product placement .....

    Extra points for Cognitive estrangement ....

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  32. Great Judge by mjperson · · Score: 5, Insightful

    It's long, but that transcript is really worth a read. First the judge thoughtfully skewers every argument the government presents, and tries to get to the fundamental principles involved. Then he thoughtfully skewers every argument Apple presents and tries to get them to throw away all of the marketing nonsense and just say what they think the actual issues are. Then he takes it all into consideration and says he'll go try to find the proper balance in his ruling.

    No matter how that case comes out, that's one judge who is doing his job.

  33. Re:ok, we all know the problems, what's the soluti by currently_awake · · Score: 2

    The only way you can trust your phone is if there are no security flaws in the code, the software has been security audited by someone with the source code and tools to do the job properly, the hardware has been security audited by someone with the full hardware design and the tools to verify it, and you trust both people not to lie to you.

  34. Re:Are phones not protected under the 5th amendmen by Lab+Rat+Jason · · Score: 2

    Agreed, but that is a delicate argument, since if a person is already a suspect, then a diary is fair game in a search warrant. However, if someone says "papers please..." and then thumbs through your diary, the search is illegal because they had no cause to search. It's important to point out the difference for those who see it more like a web-blog than a diary.

    --
    Which has more power: the hammer, or the anvil?
  35. Re:ok, we all know the problems, what's the soluti by Anonymous Coward · · Score: 0

    No, you're going to have to root the phone, unlock the bootloader, and install a custom ROM if you want to do that. And there will be a performance impact, just not as much as you think.

  36. Re:Are phones not protected under the 5th amendmen by SwashbucklingCowboy · · Score: 1

    Different rulings from different courts in the US. Let's just say the answer is not clear at this point. See https://en.wikipedia.org/wiki/...

  37. Re: When you say "impossible," do you *mean* impos by ZeroWaiteState · · Score: 1

    By publishing deliberately malicious software on the App store to circumvent their own device security in select cases. Because the data is encrypted in storage doesn't mean it's encrypted while in RAM. This something which has been attempted before, although I doubt Apple themselves were responsible in that case.

  38. Re:ok, we all know the problems, what's the soluti by Anonymous Coward · · Score: 0

    Except for any pictures you've taken, everything on your phone has come from the internet (tracked by ISP and web servers) or is tracked by the phone company (tower pings for location data). All of it can already be uncovered. Why bother encrypting?

  39. Devil's Advocate by Anonymous Coward · · Score: 0

    It became Apple's job when they took a public stance of advertising that they protect criminals from discovery.

    1. Re:Devil's Advocate by thoromyr · · Score: 5, Insightful

      ah, putting words into Apple's mouth is so much fun. Of course, they never said any such thing. Instead, as you could read from the quotes above, they say that they believe in the customer's privacy. You aren't playing devil's advocate, you are willfully misrepresenting Apple's position.

      Nice strawman, btw

    2. Re:Devil's Advocate by Sloppy · · Score: 1

      When did they do that?

      --
      As copyright owner of this comment, I authorize everyone to defeat any technological measure which limits access to it.
    3. Re:Devil's Advocate by Anonymous Coward · · Score: 0

      oh bullshit; it's part of their marketing campaign. Just because they don't post it on an ad doesn't mean it's not part of a well crafted marketing campaign. Keep in mind that this is "apple the walled garden" and "apple the deliberately profiting off stolen iphones". they're not in any way on the side of consumers or good, they're on the side of more profit.

    4. Re:Devil's Advocate by blindseer · · Score: 3, Informative

      Does it matter to me WHY they chose to tell the feds to jump in a lake? Not really. Because they chose to offer a device that has some level of assurance that the government isn't snooping on me illegally they have gained some trust from me, and that means I am more likely to buy their stuff in the future.

      The primary purpose of any entity is to ensure its continued existence. If people lose trust in Apple then people stop buying their stuff. Of course this will make them money. I'm just not sure why you think this is a bad thing.

      --
      I am armed because I am free. I am free because I am armed.
    5. Re:Devil's Advocate by Anonymous Coward · · Score: 0

      You don't even know what strawman means fag.

    6. Re:Devil's Advocate by KGIII · · Score: 1

      You say that like it's a bad thing. When did this twist in public perception become a thing? Why in the hell would you expect a company to not "protect" criminals by providing encryption that can't be broken? Hell, we had companies that gave away secret decoder rings to children as toys when I was a kid. That you're worried a criminal might go free, because of encryption, and think that a private organization should aid the government in the prosecution of said criminal by negating their effectiveness for lawful consumers is disturbing at best an un-American at worst.

      The adage about it being better that ten guilty men go free rather than one innocent one be jailed is more than a pithy saying. If the cops can't break the encryption then good - that means the damned encryption is effective - like it should be. Like all tools, it can be used for good or ill. Like a firearm, it can used for good or ill.

      You're damned right, it protects criminals from discovery. That's a GOOD thing. It protects innocent people from snooping. It protects business from spying. It protects secrets, however benign, from discovery.

      --
      "So long and thanks for all the fish."
  40. Re: ok, we all know the problems, what's the solut by ZeroWaiteState · · Score: 1

    VoIP over wireless. Which essentially is what VoLTE is. So the choice is to either provide customers with the privacy they need, or watch your billion dollar investment in packet voice go up in smoke because everyone is using an open source alternative.

  41. Re: its just more selective than allowing every LE by Rosyna · · Score: 5, Insightful

    Correct, you do not know much about how iPhones work but it didn't seem to stop you from speculating.

    If you want to learn how the encryption works, see this explanation.

    Yes, it does use dedicated cryptography hardware. Yes, the key is protected from the rest of the OS.

  42. Re: some contempt of court / accessory changes wil by ZeroWaiteState · · Score: 1

    Good plan. Send Apple to Gitmo. Your 401k will thank you.

  43. No consequences by Anonymous Coward · · Score: 0

    What's the US gonna do, tell them to pack up all their factories and go to China? :-)

  44. Re:When you say "impossible," do you *mean* imposs by Anonymous Coward · · Score: 0

    You're dealing with lawyers. Given enough time and argument, in their world this, is possible:

    0 = 1

  45. Re: Are phones not protected under the 5th amendme by Anonymous Coward · · Score: 0

    The encryption question applies equally to the diary and the phone, the level of technology is irrelevant. There is no way to Constitutionally mandate that diaries must use no, or easily broken, encryption. Furthermore, decrypting a diary is a testimonial act. The form and intelligibility of an individual's speech is not subject to governmental requirements. From what cesspool of idiocy emerges the idea that all personal data be readable by any government?

  46. Re:ok, we all know the problems, what's the soluti by Anonymous Coward · · Score: 0

    You are a special kind of moron to claim "Except for any pictures you've taken, everything on your phone has come from the internet ...".

    A smart phone is capable of storing any files that could be saved and many people used them for general storage of files that have never been on a public network of any kind. That often includes confidential business documents or personal documents.

  47. Re:When you say "impossible," do you *mean* imposs by Anonymous Coward · · Score: 0

    Because all versions of software are not the same.

    Previous to iOS 8 and iPhone 5, the crypto key was escrowed, thus Apple had access. With iOS 8 and iPhone 5, the key is stored within a crypto chip in the device itself, and never is exposed to anything.

  48. Re:When you say "impossible," do you *mean* imposs by Anubis+IV · · Score: 3, Insightful

    How is it complying if it's supposed to be impossible to do so?

    The short answer to your question is that the phone in this court case is an iPhone 5s that's still running iOS 7, and thus it predates the safeguards in iOS 8 and 9 that prevent Apple from decrypting it. The lawyer is arguing that even though Apple is technologically capable of decrypting it, law enforcement cannot compel Apple's assistance, since doing so would put an onerous burden on Apple by forcing them to undermine their own business.

    To go into a bit more detail, Apple markets itself as being incapable of decrypting their own devices. Which is true...for everything sold in the last two years. But that's a distinction that is lost on most customers, so the lawyer is arguing that if Apple is compelled to assist law enforcement in this case, it would cause direct harm to its business by resulting in exactly the sort of confusion you're having. After all, how would a typical customer reconcile the conflicting information? If Apple is seen decrypting this guy's iPhone while advertising that it's outright incapable of doing so, customers won't buy their products because customers won't believe what's being advertised.

    The long and short of it is that Apple is telling law enforcement that if they want the phone decrypted they should do it themselves, since Apple is under no obligation to assist, nor can it be compelled to assist, any more than, say, a bottled water company could be compelled by law enforcement to tarnish their own product by putting a pollutant in the water.

  49. Re:Backdoors? Why? by MachineShedFred · · Score: 2

    What you call a flaw, the government would call a feature.

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  50. Re: The obvious solution by Anonymous Coward · · Score: 0

    What is so hard to understand about the legal term "substantial burden". Companies build consumer products for consumer, not government designs. Jumping into the way back machine, to remember the Soviet Unions Apple II design by government mandate. Yeh, that worked Greeeeaaaaaaaaaat! "Substantial Burden" happens at the very instant that government design spec begins.

  51. Re:its just more selective than allowing every LEA by FatdogHaiku · · Score: 2

    ... magical palantirs powered by waldos.

    I never even found one waldo... how the heck do you get a set of them?

    --
    You have the right to remain sentient. If you give up the right to remain sentient, you will be elected to public office
  52. Re:When you say "impossible," do you *mean* imposs by Aristos+Mazer · · Score: 2

    The trick is to RTFA. Those two sentences are from different contexts but the summary shoved them together. One is talking about the latest iOS, the other is talking about older versions that aren't end-to-end encrypted.

  53. Re: its just more selective than allowing every LE by Anonymous Coward · · Score: 0

    Yeah, excited cop.

  54. Keeps the low end privacy dream alive by AHuxley · · Score: 0

    Thanks to well placed news like this users, people, city and state law enforcement will still have faith in US brands.
    A flood of sock puppets to contain the topics surrounding the ability of a US company to look after its brand more than follow the color of US telco laws.
    Keep using that cell phone, sending images with gps, carrying a live mic with a battery thats built in.
    All the brand can secure is the transit from a user level in the phone to another user.
    All other hardware and software functions are open to federal law enforcement, mil as sold in the US or UK.
    The security services now like voice prints as been one of the few low cost ways to get total coverage of a city to look of people they have on file.

    No telco or company is going to get to lock out data recovery or a malware push down or a national hunt for voice prints due to its branding.
    "Superspy in the sky could soon be patrolling over British cities to search for hidden terror cells" (26 April 2010 )
    http://www.dailymail.co.uk/new...
    "The aircraft are able to identify suspects using 'voice-prints' ... "
    Leaked catalogue details US surveillance hardware ( 18 December 15 ) has more on the dirt boxes.. and other devices
    http://www.wired.co.uk/news/ar...
    "sound files" ..."SMS data", "pictures", calendar ... "into one report"
    Would any US brand be able to block collect it all?

    --
    Domestic spying is now "Benign Information Gathering"
  55. Page 43 of the transcript: An excellent comparison by garote · · Score: 4, Interesting

    "The last company that makes lethal injection drugs, decides to stop doing it. In fact Justice Alito referred to this in recent cases - guerrilla warfare by these companies. Right. So the last company that has been providing drugs for execution, says to the Government, we are no longer going to help you out when it is time to execute somebody in Terre Haute. Can -- are they thwarting a lawful death sentence by doing that, and can they therefore be compelled under the All Writs Act to re-import something that is held abroad or release something from existing stock or actually manufacture the drug anew?"

  56. Not lawful? by Anonymous Coward · · Score: 0

    hypothetical consumer could think if Apple is not in the business of accessing my data and if Apple has built a system to prevent itself from accessing my data, why is it continuing to comply with orders that don’t have a clear lawful basis in doing so?”

    Is this some sort of Red herring argument? If those requests are not lawful, perhaps there should be a "police law" defining lawful requests, as it is in here in the evil, socialist Europe. Or should Apple just go into business of accessing your data and solve the whole dilemma at once?

  57. Re: its just more selective than allowing every LE by slazzy · · Score: 3, Funny

    You can't, they are encrypted too.

    --
    Website Just Down For Me? Find out
  58. Re: its just more selective than allowing every LE by Anonymous Coward · · Score: 0

    Someone from Apple can jump in and correct me, but as I understand thing, Apple's iPhone iOS security features are as follows:

    0) Apple has turned on device encryption for iPhones, iPads and iPod running iOS 9, by default.

    1) Apple iPhones, iPads and iPods running iOS 9 have a six digit unlock master code, recently updated from a four digit code. The six digit unlock code largely prevents brute force attacks because there are way to many finger smudge patterns to figure out. Four digits of smudge patterns could be logically determined evidently.

    2) iMessage which handle text messaging and FaceTime, encrypts "End to End". The "End to End" encryption generates an public private key pair where the private key never leaves the senders phone and which can't be determined by Apple engineers even if Apple has thousands of years and unlimited CPU cycles. "End to End" scares lawenforcement at the very highest and lowest levels. iMessage appears to be U breakable, to such a degree that Apple's lawyers feel perfectly comfortable walking into any court anywhere in the world and telling the judges, sorry, can't help you. Stunning is all I can say.

    3) Apple CEO has made Apple's unbreakable iOS encryption top priority and he's not backing down. Google and others are doing the same. Apple's powerful position is backed by the "substantial burden" legal rule. Companies can not be forced into changing something that would be a "substantial burden" to change.

  59. Re:The obvious solution by kwbauer · · Score: 5, Insightful

    Maybe, just maybe, because that backdoor provides a vulnerability that can be hacked. One less complication in the system means at least one less vulnerability to be exploited.

  60. Re:When you say "impossible," do you *mean* imposs by kwbauer · · Score: 1

    Maybe Apple will now figure out how to have the newer iOS installed and running on the older hardware, assuming that the older hardware has the necessary encryption support.

  61. Re:When you say "impossible," do you *mean* imposs by kwbauer · · Score: 2

    More specifically politicians but most often that is just a longer spelling of lawyer.

  62. Re: Are phones not protected under the 5th amendme by kwbauer · · Score: 1

    The same cesspool that claims that people have only the rights granted to them by their government. Yeah, many here on slashdot subscribe to that theory.

  63. Apple has royalty to protect! by sethstorm · · Score: 1

    The last thing that Apple wants is another incident that inconveniences people of more-than-modest means.

    --
    Twitter supports and protects racists - by smearing their critics with the "Hate Speech" label.
  64. Re:The obvious solution by HiThere · · Score: 1

    Is everyone not seeing the sarcasm, or am I mis-imputing it?

    To me the parent post was clearly sarcasm, but the moderators and every other respondent seems not to have read it that way.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  65. Re:its just more selective than allowing every LEA by Anonymous Coward · · Score: 0

    I don't know much about how iPhones work, but how complex is the average person's password?

    I hear you, brother.

  66. Re:When you say "impossible," do you *mean* imposs by gweihir · · Score: 1

    It is complying with the orders when they _try_ to do it (which has no result as it is impossible). What they want to do is to be able to reject the orders outright, and that is the only sane thing to do.

    Of course "sane" is not something most in the legal profession can do, as they are all living in their own little fantasy world where they are kings and define what reality is.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  67. Re:When you say "impossible," do you *mean* imposs by adamstew · · Score: 1

    It's AES 256. Try "we have a 50% chance to find it sometime before the heat-death of the universe".

  68. Re: When you say "impossible," do you *mean* impos by adamstew · · Score: 1

    Apple has addressed this as part of the way the iOS encryption system works. The encryption system creates it's own temporary encryption key each boot that it uses to encrypt everything it stores in RAM.

  69. Allowed to charge by ajyand · · Score: 1

    Apple should be allowed to charge a large sum, say a few thousand dollars for unlocking each phone. That would deter most of the casual requests and provide financial incentive to companies to aid in law enforcement.

  70. Re: its just more selective than allowing every LE by TechyImmigrant · · Score: 1

    2) iMessage which handle text messaging and FaceTime, encrypts "End to End". The "End to End" encryption generates an public private key pair where the private key never leaves the senders phone and which can't be determined by Apple engineers even if Apple has thousands of years and unlimited CPU cycles. "End to End" scares lawenforcement at the very highest and lowest levels. iMessage appears to be U breakable, to such a degree that Apple's lawyers feel perfectly comfortable walking into any court anywhere in the world and telling the judges, sorry, can't help you. Stunning is all I can say.

    You're envisaging RSA when you say "public private key pair". Given what we know, it's probably Diffie Hellman, which is a public key establishment protocol that establishes a shared symmetric secret key. There is no key pair.

    --
    I should use this sig to advertise my book ISBN-13 : 978-1501515132.
  71. you just fell to the bottom by Anonymous Coward · · Score: 0

    of your slippery slope. "if the government ever gets a warrant to search your house" does not, and should not, imply that you need to hand them keys when you purchase your house just in case.

    Here is an idea for you. See that homeless guy on the street? Hand him your wallet, car keys, and everything else in your pocket. He "might" rob you and hurt you in the process. Can't take any chances right?

  72. Re:its just more selective than allowing every LEA by Anonymous Coward · · Score: 0

    Or the police will break out the $5 wrenches and rubber hoses

    More like cold temperatures, solitary confinement and sleep deprivation. The Israelis are said to be masters of these techniques. If they can break hardened militants this way, how much more easily would they break you or I?

  73. Re:its just more selective than allowing every LEA by Anonymous Coward · · Score: 0

    So thats exactly what A7 and later devices (pretty much the ones with TouchID) do have: "Secure Enclave" is a separate processor running _may_ be a provably secure kernel, and may be anti-tamper (other implementations are, its just not clear if Apple's is or is not) that acts as a hardware keystone and oracle for application processor running iOS.

    Have a look at their Security Guide. They've had a really decent go at making things very robust against attack, with their more recent features. (i.e. probably nation state resources and a clean room).

  74. Re:its just more selective than allowing every LEA by Anonymous Coward · · Score: 0

    And the public is so fucking ignorant we're debating whether government should have a back door into magical palantirs powered by waldos instead of debating why cops and elected officials are so fucking stupid when it comes to technology and what we need to do to send them all to the unemployment line.

    But we'll never know for sure because computers are sufficiently advanced technology and therefore indistinguishable from magic.

    You have no idea what you're talking about. It's akin to someone seeing a knife in person once or twice and then saying: "Brain surgery isn't so hard. It's just that people are too stupid to do it! I doubt they even thought to try sharper scalpels!". Except you know, there are plenty of neurosurgeons and only a few people at any given time clever enough to create or find an exploit to an effective encryption scheme.

    Back when I used to hang out with the local uni computer club, we used to crack passwords for fun using John the Ripper on a cluster of various old hard like 386s and 486s.

    Using a program created by someone smart (based on math discovered by even smarter people) doesn't make you smart, anymore than driving a car means you could create one from scratch or reverse engineer one given to you.

  75. Re:its just more selective than allowing every LEA by Tyrannicsupremacy · · Score: 1

    Yeah, if Mossad isnt letterbombing old men, they're kidnapping and torturing people.

    --
    http://i.cubeupload.com/T6cyLu.png
  76. Re:its just more selective than allowing every LEA by JKast · · Score: 1

    Or the police will break out the $5 wrenches and rubber hoses, which runs into its own set of problems.

    They should have a Obligatory xkcd upmod...

  77. Re:ok, we all know the problems, what's the soluti by Anonymous Coward · · Score: 0

    A smart phone is capable of storing any files that could be saved and many people used them for general storage of files that have never been on a public network of any kind. That often includes confidential business documents or personal documents.

    True, but that's often done through an app. And those apps are either pre-installed or downloaded off the net. You haven't audited those and mobile apps have a history of sending data home, so much so that desktop applications are starting to mimic them.

    That said, I don't use a smart phone so maybe I am taking out my ass.