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N. Carolina Senator Drafting Bill To Criminalize Apple's Refusal To Aid Decryption (arstechnica.com)

Ars Technica reports that North Carolina senator Richard Burr says he plans to introduce legislation "to criminalize a company's refusal to aid decryption efforts as part of a governmental investigation." In a USA Today op-ed, Burr, griping that "[t]he newest Apple operating systems allow device access only to users," even Apple itself can't get in," drags out the usual bugaboos: "Murderers, pedophiles, drug dealers and the others are already using this technology to cover their tracks."

Updated Friday 12:40pm EST: The Wall Street Journal reports Senate Panel Chief Decides Against Plan to Criminalize Firms That Don't Decipher Encrypted Messages

186 of 296 comments (clear)

  1. Dear Owners by OverlordQ · · Score: 4, Funny

    Fix Unicode already.

    --
    Your hair look like poop, Bob! - Wanker.
    1. Re:Dear Owners by oneiros27 · · Score: 5, Informative

      It's 13 years old, but I still recommend as an introduction "The Absolute Minimum Every Software Developer Absolutely, Positively Must Know About Unicode and Character Sets (No Excuses!)" : http://www.joelonsoftware.com/...

      --
      Build it, and they will come^Hplain.
    2. Re:Dear Owners by nine-times · · Score: 2

      Thanks, that's an interesting primer.

      I jumped over some parts and plan to go back and reread, so forgive me if an answer was mentioned, but I have a question that has bugged me: Why can't we come up with a single text standard that works for everyone? Is it just the standard problem with standards?

    3. Re:Dear Owners by Rising+Ape · · Score: 2

      Every software developer? Really? I'm fairly sure my development of finite difference modelling software won't be improved by knowledge of Unicode (I *have* encountered EBCDIC though, briefly, which is the one thing he claims would never happen).

      Not meant as a comment about you, but the author of the piece, who seems to have a rather limited view of the range of software that's actually developed.

    4. Re:Dear Owners by whipslash · · Score: 4, Informative

      It's a work in progress. Trust me. I want it fixed also.

    5. Re:Dear Owners by tlhIngan · · Score: 1

      Fix Unicode already.

      Why is it so hard to believe that /. has supported Unicode for ages now? (It was courtesy of a patch by Slashdot.jp). However, a bunch of posters realized that the finer points of Unicode could be used to abuse the site (and many sites are still ripe for the abuse) to fake titles and scoring?

      It's a pity the Unicode filter is run again on old comments but use Google to search for the odd phrase "erocS" and even "5:erocS" With a bit of Unicode trickery in the subject, you could fake a score 5 post.

      After this and a bunch of other posters deciding to play with Unicode to screw up the layout, the powers that be installed a whitelist of allowed Unicode codepoints. Which basically ended up being the printable characters form the ASCII set.

    6. Re:Dear Owners by dgatwood · · Score: 1

      Neither. You make it a varchar so that the space it uses varies based on the actual size of the data, and then you don't worry about the length of a particular character.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    7. Re:Dear Owners by F.Ultra · · Score: 1

      While you are correct regarding the lengths of strings you are wrong about printf, it works just fine with Unicode/UTF-8.

      That certain database vendors (read Microsoft) decided that you must declare strings as nvarchar instead of varchar and that you must prefix strings with N such as UPDATE x SET field=N'text'; hasn't really helped either, even though you can connect to the MSSQL with UTF-16.

    8. Re: Dear Owners by dgatwood · · Score: 1

      Only in MS SQL (and in Ingres if you're using UTF-16 for some reason). In MySQL, PostGres, and Ingres, the varchar data type handles UTF-8 just fine.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    9. Re:Dear Owners by dgatwood · · Score: 1

      Nobody sane is going to encode unicode data as UTF-32. I mean sure, you can do it, but it is horribly inefficient. In fact, with the current UTF-8 standard, most Chinese, Japanese, and Korean characters are encoded using 3 bytes, with the exceptions being characters that are relatively uncommonly used. So unless your text consists entirely of special mathematical symbols, emoji, and certain less-common Chinese, Japanese, and Korean characters, you're wasting a lot of space by storing it in that way. And there is no situation in which UTF-32 is more efficient than UTF-8, now that the five- and six-byte characters are considered illegal byte sequences.

      ... unless you just enjoy using about 33% more space for your Chinese characters and 4x as much space for your ASCII characters, in which case, be my guest. But in general, the situations in which it makes sense to inspect the character at a particular index without looking through the preceding characters are few and far between.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    10. Re:Dear Owners by Joce640k · · Score: 1

      Which then makes operations like 'what is the character 10,002 in this string" much slower.

      There's always a trade off.

      No it doesn't, because you don't use utf-8 in memory.

      Memory - wchar_t
      Storage medium - utf-8.

      It's not difficult.

      --
      No sig today...
    11. Re:Dear Owners by Darinbob · · Score: 1

      Anyone sane uses UTF-8 instead of wide characters (and no, Microsoft is not sane). UTF-8 accepts ASCII and ISO-8859-1 (latin1) as-is with no special encoding. Multibyte encodings are trivial to use, you only need to know the longer codes when looking up a font glyph at the point of rendering it. Multibyte existed long before unicode (even though Joel implies that Unicode invented it). And yet so many ignorant people still thought you needed wide characters to do international characters, which had the side effect of getting dreadful wide character support into official programming language standards when it's not necessary. At least it provides job security for some people.

      The real problem is that by being a "universal" character encoding that some languages have to lose out. Thus Chinese characters take more bytes by being in a universal character set than a Chinese-only character set. So there was a lot of resistance from Asian countries to the Unicode invaders. Especially as Unicode committee decided that certain characters just weren't important anymore. It was a political mess, won by the ASCII and ISO using countries that weren't going to lose anything and they had more votes on the committee. With unicode the politics is more important than the technology.

      I also disagree with Joel about the "smart people" at Unicode consortium, or his view that everything was a complete disaster until Unicode made it all work smoothly and sanely.

    12. Re:Dear Owners by Darinbob · · Score: 1

      Multi byte characters just work. 0 is not a valid character in UTF-8, and most other non-Unicode encodings. So all your strlen, strcpy, and so forth still work. Even strstr works for finding substrings in UTF-8! You don't even have to worry about special embedded ASCII characters that could screw up parsing (little Johnny Tables doesn't need to be American). If you need to know characters instead of bytes then use mblen, mbrlen, and family. If you're only passing around data as-is or doing textual parsing then that's all you need to know. At the very last moment when you need to render the string graphically, or are doing more complex language parsing, only then do you need to convert to a full 32-bit value (anything using 16-bit wide chars is brain dead).

      So for the vast majority of programmers it's all very simple with basic 8-bit characters. But it scares so many people away because they don't know it's simple. So they mess things up thinking that they need to do things the hard way, like adding to wchar_t string templates to a language standard and screwing it up for everyone else.

    13. Re:Dear Owners by Darinbob · · Score: 1

      Yup, you can treat a UTF-8 string just like any other string almost all the time. Even with printf, and many other things that were never originally designed for things beyond ASCII. Embedded ASCII characters won't appear accidentally in the middle of a UTF-8 character, so you'll always find the right "%" for printf, or the right "/" for file names, and so forth. There are no embedded 0's, so you can use C strings without worry.

      As for Microsoft, they have a tendency to quickly jump onto something new and create an API or standard for it before they actually understand the subject. Thus the idiocy of NTFS using 2 bytes for each character in a file name; wasted space for most languages and insufficient for the most commonly spoken language in the world! Then there's Microsoft Foundation Classes which were set in stone before they seemed to understand object oriented concepts. They even screwed up Hungarian notation by not understanding what their chief architect was saying.

    14. Re:Dear Owners by _merlin · · Score: 1

      Any time you do any text manipulation (searching, sorting, truncating...) you need to deal with the quirks of your encoding. That can slow you down a lot. Also Chinese, Japanese and Korean text is typically 50% bigger in UTF8 than in UTF16, so using the Windows implementation of wide characters gets you a significant saving in memory usage as well as the big performance boost.

    15. Re:Dear Owners by Darinbob · · Score: 1

      UTF-16 may help with some Asian languages, but it really hurts for other languages that can usually fit in much less on average. Most common Chinese, Japanese, and Korean characters can be handled with 3 bytes in UTF-8, the less common ones in 4 bytes. Although UTF-8 as originally designed can go up to 6 bytes (for code points needing up to 32 bits), this was reduced to 4 bytes maximum. So with UTF-16 you're using 4 bytes for most CJK characters versus 3 bytes in UTF-8; as well as 2 bytes with ASCII/Latin1 versus 1 byte.

      Microsoft used this 16-bit wide character set for file names, which are not normally very long. It caused problems in that you couldn't even use standard open calls because it didn't bother converting UTF-8 to UTF-16 to make it easy for the developers but instead provided a new API.

    16. Re:Dear Owners by _merlin · · Score: 1

      That's not true at all. The huge majority of C/J/K characters in common use are in the Basic Multilingual Plane (BMP) and therefore take two bytes in UTF-16, compared to three bytes in UTF-8. The characters outside the BMP are all infrequently user or included for historical reasons but not in modern usage.

      On your second point, Microsoft couldn't change the existing APIs to expect UTF-8, as they need to use the current ANSI codepage for compatibility. They correctly convert the current ANSI codepage to/from the encoding used by the underlying filesystem. If you want to use UTF-8 with these APIs, you can change the ANSI codepage to UTF-8 for your application.

  2. Except he already decided NOT to submit the bill by Trailrunner7 · · Score: 5, Informative

    Ars might want to update its rewrite of the WSJ story. Burr isn't submitting the bill. http://www.wsj.com/articles/se...

  3. You know who else is covering their tracks? by tysonedwards · · Score: 2, Insightful

    Philandering senators.

    --
    Thirty four characters live here.
    1. Re:You know who else is covering their tracks? by Anonymous Coward · · Score: 1

      When politicians had their unencrypted cell phone conversations listened to, they quickly passed a law making general coverage receivers of cell phone signals illegal.

    2. Re:You know who else is covering their tracks? by Anonymous Coward · · Score: 1

      But when someone intercepted, recorded and released an embarrassing conversation made by Newt Gringrich in Gainesville, FL after this law was passed, no one was prosecuted.

  4. Timothy and the new owners by 110010001000 · · Score: 2, Funny

    Timothy...what the F? What is (TM) and the "a" all over? Unreadable! The new owners need to do something about this.

    1. Re:Timothy and the new owners by LewekLeonek · · Score: 2

      Ha ha! These must be the curly quotes (a.k.a. smart quotes). Copy and paste from MS Word?

    2. Re:Timothy and the new owners by Anonymous Coward · · Score: 1

      Why can't /. hire an English literature major for editing/spelling etc.? Can't /. afford low-wage employees?

  5. If I were Apple by Rhaize · · Score: 1

    I'd put my head of custodial engineering, senior front desk receptionist, and half a dozen mac store geniuses on it.. never let it be said they didn't help in the investigation.. It's just to hard.

    --
    Within the arms of tragedy, there is little comfort in being right.
    1. Re:If I were Apple by supremebob · · Score: 1

      Either that, or Apple should create a help desk procedure for these phone hacking requests that looks like this:

      1) Receive iPhone to be hacked
      2) Take 10 guesses at the password
      3) Let the iPhone get completely erased
      4) Return the phone to FBI/CIA/NSA/DOJ/etc agency with a "Sorry, we tried to help!" type apology letter.

      After "accidentally" destroying a few phones, let's see how many times the government comes back for help.

    2. Re:If I were Apple by Jason+Levine · · Score: 3, Insightful

      Let's assume they could push an update just to that phone that lets the FBI in. Let's also assume that they drop their objections and do just this. Do you really think it'll be "just this one phone"? Do you think that other governments won't demand Apple let them into people's phones? Do you think Apple's update won't fall into a hacker group's hands who will use it to find exploits to get into any iPhone?

      There is no such thing as "we'll just do it this one time". That's just the lie the federal government is telling to make themselves look reasonable in front of the judge until the next "just this one time" and the one after that, etc.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    3. Re:If I were Apple by arbiter1 · · Score: 1

      Apple could do it for 1 phone cause its a court ordered, any other phone that isn't ordered by court they can tell them to "piss off"

    4. Re:If I were Apple by spire3661 · · Score: 2

      I got news for you, even the government has limits. WE have reached it. There are some things that are beyond government reach, accept it, dont condone abuse of the citizenry in your pursuit of perfect justice.

      --
      Good-bye
    5. Re: If I were Apple by Asha2004 · · Score: 1

      Ahh, Yes, a court order. What if it was a court order in the Netherlands or Turkey or Egypt or China? Where is apple supposed to draw the line?

    6. Re:If I were Apple by gnasher719 · · Score: 1

      Let's assume they could push an update just to that phone that lets the FBI in. Let's also assume that they drop their objections and do just this. Do you really think it'll be "just this one phone"? Do you think that other governments won't demand Apple let them into people's phones? Do you think Apple's update won't fall into a hacker group's hands who will use it to find exploits to get into any iPhone?

      Here's what Apple could do: They find the one engineer in the company who has the necessary know-how. That engineer quits in disgust and is hired back at twice the daily rate of a mediocre lawyer (say 2 x $1200). Now obviously you'd have to be extremely careful writing this software: The engineer has to be absolutely isolated from any network, and the software must be absolutely bug free because otherwise that phone could be shot. A few iPhone 5c's used as guinea pigs get bricked. All in all Apple presents a bill of $200,000.

      Then Apple deletes absolutely permanently all the software that was created for this purpose, because they obviously fear that it could fall into the wrong hands.

      The FBI comes with the next phone: "This one should be a lot cheaper since you've written the software". "The software is gone. And that engineer is on holiday. If you want him to come back, he'll want twice the rate. ".

  6. Richard Burr - re-read the Constitution fucktard. by Anonymous Coward · · Score: 5, Insightful

    Apple is protecting itself from charge of Treason, something you yourself are guilty of.

    The Constitution protects EVERYONE, not just "good people", but EVERYONE from unreasonable search and seizure.
    It also allows EVERYONE to refuse to answer on the grounds that they might incriminate themselves.

    When Apple configured it's devices so that they could not decrypt the phones themselves, they were ENFORCING those rights that you would so gladly trample all over.

    I cannot wait until you, your traitorous cronies and the rest of the Congressional, Executive and Judicial branches are held accountable for their Treason and Traitorous activities since 9/11. We can fix the deficit by selling tickets to your executions (the punishment for Treason during a time of war).

  7. What Apple should do by Snotnose · · Score: 2

    Have a special version of iOS that secretly has a backdoor. Record the conversations of politicians. Then start to anonymously trickle the most embarrassing ones out, while releasing an update to iOS that removes the backdoor.

  8. But..but.. by drewsup · · Score: 1

    Think of the CHILDREN that will no doubt die if this phone isn't de-crypted!
    This Senator needs to be recalled..

  9. LOL, OK Senator. by Jahoda · · Score: 1

    Ah, such totally rich political theater, no doubt pandering to his base. I believe we all agree that beginning with Santa Clara County v. Southern Pacific Railroad Co, and culminating with Citizens United, even if this weren't the preposterous legislative proposal of a buffoon used car salesman, the idea of a corporation being held criminally responsible for anything in the USA is utterly hilarious.

  10. Land of the free by MouseR · · Score: 1

    Enough said.

  11. Re:Richard Burr - re-read the Constitution fucktar by Anonymous Coward · · Score: 3, Insightful

    Constitution doesn't apply anymore. Just meandering case law, executive orders, and things like Open Letters from the ATF

  12. American, home of the not so free..or brave by evolutionary · · Score: 5, Insightful

    It's not like we really honored the US Constitution since the so-called "patriot act" after 911. Benjamin Franklin said it best: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." When will we learn?

    --
    "Imagination is more important than knowledge" - Einstein
    1. Re:American, home of the not so free..or brave by Anonymous Coward · · Score: 1

      Benjamin Franklin said it best: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." When will we learn?

      I thought that was from a textbook on what the US government should strive towards?

      "Imagination is more important than knowledge" - Einstien

      Imagine a world were people know things. E.g. how to spell peoples' names... That's pretty importanter still.

    2. Re:American, home of the not so free..or brave by ThosLives · · Score: 1

      This, this, so much this... it is so sad that people don't realize this. It's not even the fact that the Constitution is getting stomped on - it's the fact that people don't even know why that's a bad thing.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    3. Re:American, home of the not so free..or brave by evolutionary · · Score: 1

      It's called a typo. Not sure how that is relevant to the topic...anyway, I reversed the e and i (so perhaps focus on the actual issue at hand...) ;-)

      --
      "Imagination is more important than knowledge" - Einstein
    4. Re:American, home of the not so free..or brave by evolutionary · · Score: 2

      Yep. We could always partner with China on government policy reform. We seem to be trying to adopt similar policies anyway: Do what the government agencies tell you without question...or else. In China being a lawyer is all about relationships with the judge (talk to a few Chinese lawyers of you have trouble believing this...) and the USA this is an example of the same and more to come in my opinion.

      --
      "Imagination is more important than knowledge" - Einstein
    5. Re:American, home of the not so free..or brave by gweihir · · Score: 1

      Never. For these people a human lifetime is not enough to actually see reality and truth. And when they die we may raise a glass to then only good thing they ever did in their life (leaving it), but the next generation of the same type will already be well underway and I suspect that even the most stupid and vicious fuckups get reincarnated to mistreat their fellow human beings once more.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    6. Re:American, home of the not so free..or brave by Rakarra · · Score: 1

      It's not like we really honored the US Constitution since the so-called "patriot act" after 911. Benjamin Franklin said it best: "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." When will we learn?

      That's cool, but I think we've seen that most people in the United States do not hold Franklin's ideals. They're more than willing to give up some stuff they don't really care about in order to make it more difficult for the Terries to come over and kill them and their families.

    7. Re:American, home of the not so free..or brave by Jason+Levine · · Score: 1

      This isn't even sacrificing liberty for temporary security. It's sacrificing definite security now (your device is encrypted) for a small amount of theoretical security in the future (maybe they use the decryption to catch a terrorist before he does something that might possible have impacted you). There is nothing that I've heard to justify this except people spouting "terrorism" as if that's society's root password.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    8. Re:American, home of the not so free..or brave by gnasher719 · · Score: 1

      Adding to what you say, I've heard in discussions people claiming "we are letting the terrorists win", "Apple destroys our security" and such nonsense. (A British newspaper had "terror phone" in a big letter headline. That phone is harmless, it's not going to hurt anyone).

      When I grew up, they had _real_ terrorists in Germany. Terrorists who used violence to try to achieve their goals. Not braindead fucking idiots with guns who kill because they are fucking brainwashed or because they can't get laid because they are too fucking ugly. And "not giving in to terrorists" meant not doing what these terrorists intended: Not turning the country into a police state, not giving up on democratic principles because some people died. Exactly the opposite of what mindless US politicians want to do.

    9. Re:American, home of the not so free..or brave by Darinbob · · Score: 1

      The government certainly isn't striving towards any ideal that I can see.

  13. Re:Except he already decided NOT to submit the bil by StatureOfLiberty · · Score: 5, Funny

    I think the quote went something like this:

    "I do, I offer a complete and utter retraction. The proposed legislation was totally without basis in fact, and was in no way competent, and was motivated purely by ignorance, and I deeply regret any distress that my comments may have caused you, or your family, and any other citizen and I hereby undertake not to submit any such nonsense at any time in the future."

  14. A crime? by DogDude · · Score: 1

    Dickie Burr wants to make it a crime? Well, good luck throwing a corporation in jail there, Dickie, you moron.

    --
    I don't respond to AC's.
  15. Prosecuted and pled guilty by XXongo · · Score: 5, Informative

    But when someone intercepted, recorded and released an embarrassing conversation made by Newt Gringrich in Gainesville, FL after this law was passed, no one was prosecuted.

    The people who taped the conversation were, in fact, prosecuted, and pled guilty to illegal wiretapping. see: http://www.nytimes.com/1997/04...

    WASHINGTON, April 23— The Justice Department today filed charges against a Florida couple who said they had intercepted and recorded a conference call last December among Speaker Newt Gingrich and other Republican leaders.

    The Federal authorities in Jacksonville, Fla., announced this afternoon that the couple, John and Alice Martin, had been charged with an infraction, violating the Communications Privacy Act by using a radio scanner to intercept the radio portion of the conversation. It is the mildest criminal charge the couple could face in the case and carries a maximum penalty of a $5,000 fine. The Government said the Martins had agreed to plead guilty to the charges, and said the couple would cooperate with a continuing investigation into how a recording of the conversation wound up in the hands of a New York Times reporter.

    Or, for more details: http://www.yale.edu/lawweb/jba...

    1. Re:Prosecuted and pled guilty by hey! · · Score: 1

      I believe, in my gut, that no one was prosecuted.

      Apparently you think with your colon. Not surprising, judging from the product of that process.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  16. Aside from Policy... by Etherwalk · · Score: 2

    Aside from the issue that this is a really stupid policy, can we please stop paying attention when so-and-so introduces legislation? ninety-nine times out of a hundred Introducing legislation is a cheap stunt used to run for election, knowing that the legislation will be referred to a subcommittee and will never again see the light of day. It might as well be a press release.

  17. Ex Post Facto laws forbidden by US Constitution by rickyb · · Score: 1

    Sen. Burr must not be up to date on his constitutional law. The constitution expressly forbids ex post facto laws, which are defined as laws "that retroactively change the legal consequences (or status) of actions that were committed, or relationships that existed, before the enactment of the law." From Wikipedia: "Ex post facto laws are expressly forbidden by the United States Constitution in Article 1, Section 9, Clause 3 (with respect to federal laws) and Article 1, Section 10 (with respect to state laws)." https://en.wikipedia.org/wiki/...

    1. Re:Ex Post Facto laws forbidden by US Constitution by mark-t · · Score: 1

      I'm sure they are aware of that, but if the bill were to pass, they would probably ask again.

    2. Re:Ex Post Facto laws forbidden by US Constitution by Tokolosh · · Score: 1

      Constitution - pish!

      http://www.cnet.com/news/senat...

      --
      Prove anything by multiplying Huge Number times Tiny Number
  18. Re:They can have my encryption... by PIBM · · Score: 1

    He will have left the country by then ?

  19. Re:Good luck with this silliness by BuckB · · Score: 1

    Unlike the typical Democratic BS. Both Sec. Clinton and Sen. Sanders said that the FBI was right, but so was Apple. http://www.thewrap.com/clinton...

  20. When iphones are criminalized by goombah99 · · Score: 4, Interesting

    only senators and outlaws will have iphones.

    --
    Some drink at the fountain of knowledge. Others just gargle.
    1. Re:When iphones are criminalized by Trepidity · · Score: 2

      but you repeat yourself

    2. Re:When iphones are criminalized by Darinbob · · Score: 1

      There exists set of criminals which is not contained within the set of senators. By induction, the reverse is not true.

  21. Forcing Services by avandesande · · Score: 1

    Sure they could subpoena source code or existing tools- the issue here is demanding Apple provide a service such as developing a tool to crack the device. This is patently unconstitutional.

    --
    love is just extroverted narcissism
    1. Re:Forcing Services by pegr · · Score: 1

      Can they subpoena signing keys? Can they force Apple to sign a firmware used to bypass protections? That's really the question here.

    2. Re:Forcing Services by avandesande · · Score: 1

      Can they force Apple to sign a firmware used to bypass protections?

      That would be a service... I am sure Apple engineers don't come cheap!

      --
      love is just extroverted narcissism
    3. Re:Forcing Services by Jason+Levine · · Score: 1

      And now I'm picturing Tim Cook offering this service to the US Government...

      Tim (while petting a white cat sitting on his lap): "We can do this for you, but it'll cost *pinky to mouth* One hundred TRILLION dollars."

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  22. Re:Except he already decided NOT to submit the bil by Archangel+Michael · · Score: 3, Insightful

    When Tax rates (combined all government taxes/fees) exceeds 50%, I would suggest to you that we have indentured servitude. Just saying

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  23. Re:Arrogance by Marginal+Coward · · Score: 1

    Here's what I keep wondering: what legal framework compels Apple to change their OS on demand? This seems fundamentally different than the age-old POTS phone tap, in which the government was allowed to tap someone's phone under certain legal auspices by "tapping" into an existing system.

    Here's an alternative. The government could offer Apple a contract to provide a custom version of iOS that has the required features. (The contract could potentially be classified.) If Apple accepts the contract, that's up to them (and their customers who care about it.) If they don't, end of story.

    Regardless, it looks to me like whatever value is gained by decrypting one terrorist's phone isn't worth the value lost to the public if that sort of thing becomes common. As Benjamin Franklin said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."

  24. Re:Except he already decided NOT to submit the bil by Anonymous Coward · · Score: 1

    Odds are he starts quickly, to get his name in the limelight. Boiler-plate effort is initially launched: corporation does X, criminal penalties.

    Then as he garners support for the bill, people better informed that he would have counted on basically state: "No way I'm ever supporting that". And the bill gets altered, or possibly dropped as the Senator gains an education.

    The drafting of the bill, with a (Republican) name pasted all over it was a publicity stunt combined with legislation. The Senator got his name in the papers, and 90% of the time that's enough.

    What is troubling is that I fear if the bill had passed (it takes time, so it's not a deep fear), we would have had to endure hearing of how Apple _broke the law_ when in fact the law was written after Apple acted. If you think that's a dumb fear, keep in mind that Hillary's email server wasn't illegal until years after it was created, and it was shutdown as soon as it was illegal.

  25. Re:Except he already decided NOT to submit the bil by Anonymous Coward · · Score: 1, Funny

    When a 50% tax rate is levied on Billionaires, will those Billionaires be the same as indentured servants? If so, I want in.

  26. And as part of the PATRIOT II act... by Kjella · · Score: 1

    And as part of the PATRIOT II act we'll criminalize any Congress member who votes "no" because clearly they refuse to aid national security. I think Apple picked just the right time to make a stand and put the US in a lose-lose situation, either they back down (unlikely) or lose (lots of good PR) or win and Apple is forced to decrypt this one phone while most their market moves to phones with Secure Enclave, so by the time the case closes (expect appeals) they can rightfully say it's irrelevant now because Apple can't do that anymore. And then the government has to try a new round if they want to force Apple to redesign their hardware to include a backdoor. It's a lot better for Apple than a law suit about the current system.

    --
    Live today, because you never know what tomorrow brings
  27. Re:Richard Burr - re-read the Constitution fucktar by PPH · · Score: 1

    Apple is protecting itself from charge of Treason

    Not really. Either way this decision goes down, Apple is not engaging in acts to overthrow this country, or provide aid to an enemy. Farook is/was a US citizen and the FBI has shown no evidence* that he was working with any foreign nationals. So there's no treason demonstrated there either. Apple has no standing as a defendant in this case, so the Fifth Amendment doesn't apply.

    What Apple is protecting is the intangible value of the perception of security that their technology has. Should Apple demonstrate a method for cracking iOS encryption, others will look for and eventually discover it. I wouldn't trust FBI employees not to divulge it to various totalitarian regimes' security services. Like Mi5.

    *Evidence like call, e-mail or SMS metadata provided by Farook's cellular carrier.

    --
    Have gnu, will travel.
  28. "Murderers, pedophiles, drug dealers" by kheldan · · Score: 1

    Also: 100% honest, hard-working, law-abiding people, who don't want thieves and nosy government types all up in their business. Oh, and by the way, my totally un-scientific estimate says 99.999% of everyone using an iPhone's nigh-unto unbreakable encryption are the law-abiding types. This is just another case of government and 'law enforcement' (in quotes because I use the term loosely anymore) overreach; it's also disingenuous, they just want to put a gun to Apple's head to make them give them a way to unlock and decrypt ANY iPhone, not just the one. Tough shit, don't care, fuck off.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  29. Ask Schlage, Master, Yale, Medeco, ASSA for this by DutchUncle · · Score: 1

    We already have "TSA luggage locks" that have a second keyhole (or additional keyhole for combination locks) so a TSA master key can unlock them for luggage inspection. Ask the average person whether they would put a lock like that on the doors to their home. Ask the heads of the companies that make locks, especially the higher-security locks like Medeco and ASSA Abloy, if they would make them (or even bother designing them).

  30. Re:Arrogance by BuckB · · Score: 1

    I'm not a lawyer. Or a judge. However, the judge that did hear the arguments sided with the FBI. Regardless, I'm surprised how cracking this one phone leads to the demise of liberty. Up until a year ago, all iPhones were decryptable. Somehow, over the course of 12 months civilization itself rests on Apple's new lock-out feature.

  31. Forgot one by Sperbels · · Score: 1

    Murderers, pedophiles, drug dealers and the others are already using this technology to cover their tracks

    Forgot one: Senators

  32. Re:what happened? by Anonymous Coward · · Score: 1

    I've always thought the editors were just simple perl scripts.

  33. Show Government Ineptitude by charles05663 · · Score: 5, Insightful

    So, here is the story:

    The California government purchases an iPhone (hey it is designed in California!) for the terrorist they hired (notice how most news organizations and the president like to call him a mass shooter to further their agenda of gun control instead of a terrorist that they were?).

    Being soooooo tech savvy, their IT department did not install away that allowed them (the gov) to access the phone that they owned and issued. It really seems that this whole encryption debate is design to mask the fact the the government is inept.

    How may companies would issue a device they could not control?

  34. Your legal argument falls flat by Pollux · · Score: 4, Interesting

    A few lessons on the 4th and 5th amendments...

    First, self incrimination, i.e. the 5th amendment, has absolutely no bearing on this case. If a police officer, prosecutor, congressional tribunal, what-have-you, asks you a question that may be used to incriminate you of a crime, you have the right to say, "I plead the 5th." But your constitutional protections end there; they have every right to look for evidence that may incriminate you outside of your own self. In this matter, we have a phone. It's not a person. It is an object that presents itself as evidence, ergo it may be used as such.

    Second, and more difficult to accept, the 4th amendment has no bearing on this case either. The 4th amendment protects an individual's right to be "secure in their persons, houses, papers, and effects." It begins and ends with the individual. This phone was not unlawfully seized. It didn't even belong to the individual; it belonged to the company he worked for. And the company who owns the property surrendered it willingly to law enforcement. (Side tangent lesson: don't ever use a company phone EVER for anything other than business. It may be used against you for any crime.)

    Third, I don't see how treason plays into any of this. Article III, section 3 defines treason as "levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." The charges I believe Apple will be facing is Obstruction of Justice, as, from the perception of the government, they are interfering with an investigation. And, like it or not, current US law requires them to follow the court order, under 18 U.S. Code 2511, which reads, in part, "Providers of wire or electronic communication service...are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with a court order directing such assistance."

    Apple is trying to set a new precedent, one I would consider a push-back for all the illegal surveillance the US Government has done over the last fifteen years. They are attempting to make digital-communication-evidence-gathering impossible if an individual so wills it. I don't know whether they'll be successful or not.

    For the record, I am not a lawyer, but it's my country and my laws as much as the rest of yours, so I feel responsible to understand them.

    1. Re:Your legal argument falls flat by silanea · · Score: 2

      [...] And, like it or not, current US law requires them to follow the court order, under 18 U.S. Code 2511, which reads, in part, "Providers of wire or electronic communication service...are authorized to provide [stuff] to [law enforcement]" [...]

      It literally says "they are permitted to hand over stuff, nevermind what other laws say", and most likely equals "they have to hand over all the stuff they can get their hands on". But I do not see a legal basis for anything more than that. There is a limit to what a court can force you to do to help with an investigation. A landlord cannot be compelled to demolish a whole block just because a LEO thinks there might be a weed pipe under a couch. And being asked to tear down the security mechanisms in your proprietary operating system comes quite close in comparison.

      --
      Rudolf Hess edited Mein Kampf. He was the very first grammar nazi.
    2. Re:Your legal argument falls flat by Trix · · Score: 1

      And, like it or not, current US law requires them to follow the court order, under 18 U.S. Code 2511, which reads, in part, "Providers of wire or electronic communication service...are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with a court order directing such assistance."

      Apple doesn't provide a wire or electronic communication service. The produced the device. I don't think the letter of the law applies in this case.

      --
      I want all of the power and none of the responsibility.
    3. Re:Your legal argument falls flat by oh_my_080980980 · · Score: 2

      The US is using the All Writs Act to compel Apple.

      "At its core, the 18th-century catchall statute simply allows courts to issue a writ, or order, which compels a person or company to do something. In the past, feds have used this law to compel unnamed smartphone manufacturers to bypass security measures for phones involved in legal cases. The government has previously tried using this same legal justification against Apple as well." http://arstechnica.com/tech-po...

      So basically Apple needs to take this to the Supreme Court and hope the court doesn't support this argument.

    4. Re:Your legal argument falls flat by spire3661 · · Score: 1

      First of all, women cant be drafted, so there goes your argument. Stop talking, you are in way over your head.

      --
      Good-bye
    5. Re:Your legal argument falls flat by jittles · · Score: 1

      You're right that the 4th and 5th amendments don't prevent the police from gathering evidence in a lawful manner. However, there is no requirement to provide unreasonable assistance to law enforcement in order to aid them in a case. What if the government forces Apple to decrypt phones and then I turn around and encrypt the phone myself so that Apple cannot get access to it? Then Apple is spending a lot of time and effort to decrypt a phone it may not even be able to decrypt. Throw in these criminal penalties and some Apple employee could go to jail because they are not capable of decrypting a phone that they may never be able to decrypt. It makes no sense. It's not reasonable. And Apple is not doing anything to prevent the police from decrypting the phones. They are just not helping the police decrypt the phone. See the difference? It's a huge difference. If the government wants to get the data badly enough, they will find a way to get it. Apple is not trying to set any new precedents. They are trying to maintain the status quo in criminal discovery. The federal government is trying to set a new precedent in forcing businesses to take unusual measures to provide evidence in criminal matters. And before you try and pull out wiretaps just think about that situation. Does the phone company decrypt any data traveling over phone lines? No. Do they provide the government with translators to assist with language barriers? No. They provide the raw data in whatever form it is. It is up to the government to turn that raw data into usable evidence.

    6. Re:Your legal argument falls flat by Darinbob · · Score: 1

      It is whining. When they have a case they can't solve, they should deal with it. Today there's a case where they want to crack a phone to find out who murdered someone, despite not knowing if there is even any such evidence on the phone. So they whine that they *need* to crack the phone (I do not think that word means what they think it means).

      What did they do ten years ago when no one carried around phones? I'm pretty sure they would have used traditional investigative methods and if nothing came up it'd be put on the unsolved cases list. But today now that they have a phone they whine about it. If no phone had been found at the scened they'd have had to deal with that lack of evidence some way or another.

      So what happens if the compel a way to crack that phone? It opens the doors to compel Apple to assist in every single case of a locked phone showing in a criminal investigation (whether or not there is suspicion of evidence being on the phone). Each time Apple would have to create a one-off break in kit for that phone. And then after it is cracked open the FBI has a look and then tells the victim's family "sorry, all we found were pictures of kittens".

      Law enforcement is ALWAYS pushing to expand the scope of its powers. One of the vital jobs of governments is to restrict law enforcement by saying "NO!" Use of rolled up newspaper on the nose is optional.

    7. Re:Your legal argument falls flat by Darinbob · · Score: 1

      The court order has given Apple a time in which to respond with reasons why it is an undue burden to comply. If they do so then they will have complied with the court order even if they dont crack the phone. Accusing Apple of non compliance is very premature, even though it seems to be today's fashion amongst politicians. There is always an appeal, since a court order from a lower level judge is not the final word on the matter.

  35. Think of the innocent people first by Theovon · · Score: 1

    For law-abiding citizens, good encryption is the first line of defense against criminals accessing our personal information and stealing our identities. With our philosophy of “innocent until proven guilty,” we should first protect the good people properly. Then within those constraints, we can find ways to deal with the criminals without violating people’s rights.

  36. Provably conjecture by mark-t · · Score: 1

    Murderers, pedophiles, drug dealers and the others are already using this technology to cover their tracks

    If they had covered their tracks, then nobody would know they were doing those things, and if they somehow do know, then they aren't using it to cover their tracks are they?

    1. Re:Provably conjecture by gweihir · · Score: 1

      I would also say that the people in question were killed by the police represents a pretty maximal failure to "cover their tracks". But politicians do not deal in truth or honor. They deal in manipulation, lies and power.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  37. Re:They can have my encryption... by wkwilley2 · · Score: 1

    They can have my encryption when they outlaw all firearms.

    So you're willing to get screwed twice then?

    --
    Have you ever fallen asleep at the keybhanusdiog?
  38. Re: Ex Post Facto laws forbidden by US Constitutio by rickyb · · Score: 1

    Would be interesting to see them try that. A US court would/should see that as a blatant attempt to circumvent the ex post facto law prohibition.

  39. Re:Arrogance by ChromaticDragon · · Score: 4, Interesting

    Oh but it IS unreasonable search and seizure.

    To appreciate this you have to step out of the context of this specific case and look at the bigger picture.

    Keep in mind, any and all of that data you presuppose Apple has just lying around is something the Gubmint can very likely already obtain through a variety of legal mechanisms if they don't already have it.

    It all hinges on what the Feds are seeking. If they just went to Apple, handed them the phone, and said "decrypt please" things might be different. If they said "THOU SHALT DECRYPT" based on whatever authority, it might be different. No, what they're asking for is that Apple provide them an alternative iOS firmware to deactivate the functionality of wiping the phone after so many bad password attempts. Then with this, the Feds can themselves simply brute force it and eventually hit upon the right password.

    There may be valid reasons for approaching it this way. This may, for example, increase the sense of validity of the data procured from the phone since the Feds could demonstrate the methodology on any phone. It may also prevent accusations that Apple didn't provide real decrypted data but instead colluded with the Feds to create stuff. Maybe the Feds don't want Apple seeing the data. I imagine there may be other reasions as well.

    Nonetheless, this request to create and deliver an alternative iOS is new and unwarranted. It's probably essentially unconstitutional/illegal. Legalize it's "compelling speech". In vulgar terms, it's slavery. And it grants the Feds to ability to do this to any other phone anytime they want. Next, it essentially reverses and undermines the entire functionality of the device whereby you have some measure of security that if your phone is lost or stolen, the data won't fall into others hands. Once this new alternative iOS is out there, it WILL be leaked. So this suffers from the same problem as almost all backdoor or key-escrow proposals that giving the Feds the backdoor opens it up for thieves as well.

  40. Re:Arrogance by Anonymous Coward · · Score: 1

    Apple can dress this up all they like, but they're a company that sells your location, mines your e-mail, selects which music you listen to, and makes a tidy profit from all of that.
    The idea that somehow one's iPhone now contains your soul and that should be exempt from a court ordered search underscores how Tim Cook views Apple's place in your life.
    This isn't about some unreasonable search and seizure - some mass collect of phone records - some abstract "what will happen next?" This is a specific request for a specific iPhone that a judge has deemed within the constitutionality of the United States.
    I am mystified by the support that Apple is garnering. I am surprised that young people today trust a for-profit multi-national corporation more than a federal judge. I am curious why Apple is thinking that if they break open this one phone, then all the security dominoes fall and civilization is left in ruins.

    This is misguided on a few levels. Clearly you don't understand the encryption used in IOS9 (256-bit AES ). Apple isn't able to break IOS9s encryption on just this phone, if they even can, without that backdoor/software/master key potentially affecting all versions of IOS using encryption, which is IOS8 and above I believe. It's a certainty that were such a piece of software to exist in IOS, hackers woiuld find it in about 20 minutes. A perfect example of this was the supposed "clipper chip" in the 90s from the clinton administration. That thing was hacked on arrival as predicted. (never even went into production)

    Also provide source for apple mining your email and selling your location. You're speculation doesn't count. Apple provides suggestions for music as do all of the players but it definitely doesn't "select music for you"

    This has larger implications than just this one particular iphone.

  41. Re:Ask Schlage, Master, Yale, Medeco, ASSA for thi by in10se · · Score: 1

    Ask the average person whether they would put a lock like that on the doors to their home.

    Do you realize that all kinds of people probably have the exact specific key to your home, and that thousands of people have the master key. Even the most expensive locks you can get at your typical Home Depot only have at most 100,000 different combinations (most brands have fewer).

    --
    Popisms.com - Connecting pop culture
  42. Re:Except he already decided NOT to submit the bil by Archangel+Michael · · Score: 2, Funny

    Envy is such an ugly color on you.

    --
    Agent K: A *person* is smart. People are dumb, stupid, panicky animals, and you know it.
  43. Forgot something by JustAnotherOldGuy · · Score: 1

    "Murderers, pedophiles, drug dealers and the others are already using this technology to cover their tracks."

    As are Senators, Congressmen, and some presidential candidates. *cough*

    --
    Just cruising through this digital world at 33 1/3 rpm...
  44. Re:Except he already decided NOT to submit the bil by Anonymous Coward · · Score: 1

    Don't be silly. Tax rates on Billionaires will never exceed the current 0%. They would never allow it.

  45. Re:Except he already decided NOT to submit the bil by JustAnotherOldGuy · · Score: 2

    I call bullshit. Show me how to do this and I'll retract my statement and issue an apology.

    Otherwise, tell me just exactly how would my wife and I could receive "$75,000 in benefits and credits". From who, from where, and how?

    --
    Just cruising through this digital world at 33 1/3 rpm...
  46. Re:Ask Schlage, Master, Yale, Medeco, ASSA for thi by k6mfw · · Score: 1

    typical Home Depot only have at most 100,000 different combinations (most brands have fewer).

    only need one: Bolt-cutter.

    --
    mfwright@batnet.com
  47. Saber Rattling. by lionchild · · Score: 1

    Legislation is unnecessary. If this is an order from a Judge, then failure to comply means they're in contempt of court, for which there isn't much legal recourse. The Judge can simply have corporate officers jailed until they comply.

    --
    Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    1. Re:Saber Rattling. by gweihir · · Score: 1

      And the corporation can simply take its business elsewhere. Than said judge would be responsible for an economic catastrophe. Hence that is not going to happen.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:Saber Rattling. by Holi · · Score: 1

      What court case would they be in contempt for? Judges cannot just randomly insist that companies perform various acts. There is no pending case regarding this phone as the 2 suspects are dead.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    3. Re:Saber Rattling. by Jason+Levine · · Score: 1

      Do judges have unlimited powers to issue orders? As another poster said, could a judge order a landlord to demolish all of his buildings because the police believed there were drugs hiding in one person's couch cushions? This judge is essentially ordering Apple to demolish their entire security apparatus "just for one phone." (In quotes because we all know it won't end at this one phone.)

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    4. Re:Saber Rattling. by lionchild · · Score: 1

      You are absolutely right. However, as long as their corporate leadership reside in the boundaries of the jurisdiction of the courts, they're subject to their court orders.

      I think this would be something that Apple might take to crazy levels in its defense. Imagine if Apple has to stop selling products that have the type of encryption that's being perused here. Would they have to stop sell Mac's that have iMessage on them, as it too is encrypted?

      --
      Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    5. Re:Saber Rattling. by lionchild · · Score: 1

      Actually, a judge can compel US citizens to do things that are within their purview. This is effectively a search warrant, which puts it in the judges power. However, the law it's based on, the All Writs Act, is what's in contest for Apple. Broadly interpreted, the judge does have the power to compel this assistance, in the same way that a judge can compel someone to give testimony even if they want to plead the 5th, because they are guaranteeing immunity from self-incrimination. Failure to comply, means the judge can hold you on charges of contempt indefinitely.

      --
      Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    6. Re:Saber Rattling. by lionchild · · Score: 1

      Not unlimited powers, but powers that are within their domain. For example a judge couldn't order Tim Cook to fire Ives, or require him to move the Apple HQ to Timbuktu. But, the judge can order the company to cooperate with a search warrant, which is within their rights under the All Writs Act, (when broadly read).

      --
      Awk! Pieces of eight. Pieces of eight. Pieces of seven... ERROR: General Protection Fault. [Paroty Error.]
    7. Re:Saber Rattling. by gweihir · · Score: 1

      We will see. Typically, when somebody tries to call what they suspect is a bluff (as the FBI is doing), they will not escalate to crazy levels. On the other hand, Apple has staked a rather large amount of their reputation on this, so I think they will out-escalate the FBI on this. And they can. I believe the mere threat of moving their business overseas and stopping to sell anything i* in the US would have a lot of political power scramble to their defense. And the FBI is very mush subject to political power.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    8. Re:Saber Rattling. by gnasher719 · · Score: 1

      I think this would be something that Apple might take to crazy levels in its defense. Imagine if Apple has to stop selling products that have the type of encryption that's being perused here. Would they have to stop sell Mac's that have iMessage on them, as it too is encrypted?

      Ahem... we are talking about an old iPhone 5c here. That's an iPhone where there is a debate whether Apple _can_ convince the phone to let itself be unlocked (after trying 10,000 passcode) or not. Newer iPhones, 5s and newer, _cannot_ be made to let themselves be unlocked. The anti-hacking features there are in hardware, with no way around them. (On the 5c, we don't know if there is a way round. On the 5s, there isn't).

    9. Re:Saber Rattling. by gweihir · · Score: 1

      Indeed. We know that except for potentially very expensive and risky things (with regards to making further recovery impossible), there is no way into the new ones. We really do not know what the state of the old ones is. The suspicion is that the old ones have the limitation on the tries just in software, not the secure key-storage chip, but that is a guess. What Apple is saying that if, hypothetically, they could write software to prevent the erasure after 10 failed tries, that software could be applied to any 5c and hence would be a system-break. They say that this is not acceptable to create such a tool and many people agree. One risk is that the software gets stolen from the FBI, for example. They have not really admitted that they can write this software or that the effort needed would be acceptable. These may be further lines of defense if the first argument fails.

      There is also the little problem that software has bugs. What if Apple screws up or this phone is just a little different from expectations and the update erases the keys permanently? Take into account that we are not talking about a regular software-update here, as that requires an already unlocked phone. This new firmware would need to go in via direct flashing or the like and that always carries a risk and you have just one try with this particular phone. In the end, they may be criminally liable (destruction of evidence) for an honest mistake they made on work they were compelled to do. That is not compatible with fundamental legal principles.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    10. Re:Saber Rattling. by Darinbob · · Score: 1

      Apple has not failed to comply yet. The court order granted them time to respond with reasons why the order would be an unreasonable burden. Even with contempt of court you can appeal. A lower court judge does not have the final say in the matter.

  48. Re:Arrogance by BuckB · · Score: 1

    I hate it when people jump in and claim what I said was misguided when they clearly don't understand what (in this case) the Judge ordered Apple to do. The judge ordered Apple to provide a mechanism to disable the self destruct, and an electronic method to enter in the pin. The desire is also there to get rid of the delay between pin submissions. Go to the app store. Get the Waze app. Proof that Apple sells your location. Want more proof that Apple themselves do this? Do a job search for data mining at Apple.

  49. Why NOT? by redelm · · Score: 1

    Of course Apple can aid decryption -- they have a large number of computers that can assist in brute-forcing AES. Done.

    Oh, you mean extraordinary aid to get it done before the heat death of the universe? Well, that may or may not be possible, depending on how the existing code and hardware work. A good look at the source code would settle the matter one way or the other. As for Court Orders, they can only be for things directly before the court. Otherwise, it's "legislating from the bench".

    Forcing backdoors would take a law like this one, if it were constitutional and popular enough to pass. Neither very likely, but our system has been deeply corrupted by powerful interests and bureaucracies.

    But it might pass both if the backdoor required physical access (no remotes) AND a specific search warrent. Send warrent & device, Apple unlocks for $1000. Unfortunately, the DAs have been corrupted by the police (need them to build cases) so there will be abuse since it is unlikely to be punished.

    1. Re:Why NOT? by gweihir · · Score: 1

      Indeed. They _are_ aiding the government already. The problem is that the court order compels them to do so _successfully_ in the face of a non-standard and potentially very difficult problem, and that is not compatible with fundamental legal principles. The word "reasonable" is the key here, and if Apple did the engineering right, nothing they may (or may not) be able to do passes that test.

      If anything, this idiocy will just make very sure Apple will design future generations of their devices so that they really cannot break into them in any realistic way, no matter what.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:Why NOT? by Darinbob · · Score: 1

      But the court said Apple could respond with a statement about how this is an unreasonable burden to comply. Apple still has time left to do this. So it depends upon what "unreasonable burden" would be accepted here. Is it unreasonable to require one man year of work to do this, essentially doing the DOJ's work on their behalf? Will Apple be compensated for all expenses? Will complying with the court order harm their revenue by decreasing the value of their products or having customers leave in disgust that Apple caved in so easily?

      The "reasonable" part is key here, is it reasonable for a unrelated third party to be compelled to assist in an investigation?

  50. Re:Except he already decided NOT to submit the bil by Holi · · Score: 1

    Except that is far lower on the uber rich then it has been in the past. And in that past we were far more innovative and had a healthier society.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  51. Re:Richard Burr - re-read the Constitution fucktar by Anonymous Coward · · Score: 1

    You seriously believe that NSA won't get their hands on this ? ? ? Very naive.

  52. Re:Except he already decided NOT to submit the bil by Holi · · Score: 1

    And now you have wandered into the land of utter bullshit. Please show us all those unemployed people pulling down 75 large from the government.

    --
    Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
  53. Re:Except he already decided NOT to submit the bil by Salgak1 · · Score: 4, Informative
    I've seen this before, so I did a little searching. Looks like a CATO paper, and based on NYC wage-equivalent for two people receiving full benefits, and that's $60,180.

    http://www.cato.org/publicatio...

    Can't find anything to substantiate the $75K figure. . .

  54. Re:Richard Burr - re-read the Constitution fucktar by blackomegax · · Score: 2

    One backdoor against a dead man can be used against the living. It is *very much* a constitutional issue.

  55. Not treason and not about self incrimination by sjbe · · Score: 1

    Apple is protecting itself from charge of Treason, something you yourself are guilty of.

    Spare us the histrionics. Treason is a very narrowly defined crime in the US and it isn't remotely in play here on either side. I think Apple is completely justified to refuse this ridiculous court order but no one at Apple is in danger of being tried for treason or needs to protect themselves from such accusations.

    You do realize that the actual law is considerably more nuanced than you are implying, right? Protections against self incrimination do not necessarily apply to evidence you generate including evidence left on computers. The accused doesn't have to help the government make their case against him but that doesn't mean the government can't take action to gather the evidence. What is at stake here is whether the government should be able to compel a company to take extraordinary action to defeat security measures against a third party. It has nothing whatsoever to do with self incrimination. If the phone was unlocked and unecrypted then this isn't even a conversation.

  56. Re:Except he already decided NOT to submit the bil by Dcnjoe60 · · Score: 1

    When Tax rates (combined all government taxes/fees) exceeds 50%, I would suggest to you that we have indentured servitude. Just saying

    The effective tax rate of all taxes and fees is well below 50%, at least in the US. On the federal level, it is less than 30%, including Social Security/Medicare. Yes, there are local sales and income taxes, but, then, most people like to have police and fire protection, ambulance services, highways, etc.

    In its simplest form, government is funded by taxes with the purpose of the government to be for the protection of people and property. If you take the high road and say one human live is as valuable as another, then the portion of taxes used to protect people is equally distributed. What is left, is the protection of property. Like insurance, shouldn't you pay more for the protection of your property if you have more property to protect? As such, shouldn't the wealthy be paying a larger share of their income to taxes to protect their larger share of the benefit of government protection?

  57. Re:Except he already decided NOT to submit the bil by whipslash · · Score: 1

    Updated

  58. Re: Ex Post Facto laws forbidden by US Constitutio by mark-t · · Score: 1

    To suggest that it would be as you said is to suggest that laws can't ever be made that require companies or people to change what they may have formerly been doing. That is only true to the extent that they will generally not be expected to change things that are genuinely outside of their control, such as trying to change something that has already happened, or control property that may have formerly been theirs, but whose ownership has been lawfully transferred to somebody else. Whether a company cooperates with law enforcement, however, is by definition entirely in their control and so the prohibition against making laws apply to things which happened before the law was made would not be applicable if the company were to continue to refuse afterwards.

    The biggest issue I would have with a law like this is that in some cases, it may be impossible for a company to show that it tried to cooperate with a request, because with particularly strong encryption no indication of effort to try decrypting would necessarily even exist unless the effort were successful, and it can be utterly impossible to guarantee success in any reasonable amount of time. This is further complicated by the fact that understanding why it it is impossible to guarantee success generally requires understanding the mathematics behind it that most people would not want to be bothered learning. The remaining alternatives are to either take an expert's word for it that it is hard without really understanding why, or to equally blindly believe that such so-called experts are actually not being truthful about how difficult it is, and attempting to obscure the issue with mathematics that they can't comprehend.

  59. Re:They can have my encryption... by Rakarra · · Score: 2

    They can have my encryption when they outlaw all firearms.

    What the hell does one have to do with another?

    Until 1992, export of encryption from the United States (basically, any product or software using it had to be in-country only) was banned; classified on the US Munitions List as an "auxiliary military equipment." It wasn't just export, but there were regulatory hurdles regular products needed to go through. I remember using Netscape in the early 90s, and there was a "U.S. version" and an "international version," the latter of which included much weaker encryption, but getting the US version was such a pain in the ass that most people stuck with the international version.

    So encryption was once classified as munitions, but while personal firearms never seem to get much regulation, strong encryption got a ban.

  60. Re:Arrogance by gweihir · · Score: 1

    This is not about that single phone. Remember there is no "covering of tracks" involved here, the perps are dead. This is about abrading civil liberties and more power to the police. Just as is done in any budding police-state. The ultimate outcome is always the same: Full fascism, leading to a slow and terminal decline.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  61. Ex Post Facto laws are unconstituional by Streetlight · · Score: 1

    Laws can't be made that make previous activity criminal.

    --
    In a time of universal deceit, telling the truth is a revolutionary act. George Orwell
  62. Re:Except he already decided NOT to submit the bil by ShanghaiBill · · Score: 4, Insightful

    Like insurance, shouldn't you pay more for the protection of your property if you have more property to protect? As such, shouldn't the wealthy be paying a larger share of their income to taxes to protect their larger share of the benefit of government protection?

    Your argument doesn't make sense. Of course the rich should pay more in taxes. But should they pay a higher percentage? Your "insurance" analogy does not support that. If I insure twice as much value, I pay twice as much, not three times as much.

    Progressive taxation cannot be justified in terms of paying for services. It can only be justified if you believe that government should be an instrument of social justice.

  63. Told you so! by pecosdave · · Score: 1

    This was the plan all along. John McAfee was the only really unexpected thing from the narrative. Taking him up on his offer clears Apple, gets the government what they want, and no legislation has to happen, but they're not going to McAfee up on his offer.

    Nope, they're just going to stick to the original plan and push legislation. Now that justice Scalia is conveniently dead you don't have to worry about the supreme court blocking it.

    --
    The preceding post was not a Slashvertisement.
  64. Re:Ask Schlage, Master, Yale, Medeco, ASSA for thi by Jason+Levine · · Score: 1

    Assuming a thief was going to use a key to get in (as opposed to breaking a window or using a bolt cutter on the lock), they would need to carry 100,000 different keys. Even if they could try one every second, it would take them over 27 hours to try them all. Contrast this with a hypothetical "TSA-Approved Home Lock" which had a master key hole that was the same across all locks. A thief could walk up with one key, put it in the lock, and be assured that it would open.

    So, no, the "100,000 different combinations lock" isn't unbreakable, but it's a giant leap ahead of a line of locks that share the same master key.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.
  65. Treason seems "technically plausible" ... by perpenso · · Score: 1

    Third, I don't see how treason plays into any of this. Article III, section 3 defines treason as "levying War against them, or in adhering to their Enemies, giving them Aid and Comfort."

    I'm playing devil's advocate here, not actually accusing Apple of anything, certainly not treason. That said, if the San Bernardino murderers declared loyalty to ISIS and the government suspects the phone contains unknown information related to ISIS (say a contact) then prohibiting access to that information could arguably be providing aid to ISIS. Additionally it could be argued that ISIS is by its own declaration at war with the USA and thereby be considered an enemy. I wouldn't be so sure that a charge of treason could not somehow be constructed. Now of course that is a political step I doubt any government official would be willing to take, yet it seems technically plausible.

    Keep in mind that all the FBI needs Apple to do is to digitally sign a modified version of iOS so that the phone's hardware will accept and run it. Failure to digitally sign this version of iOS could conceivably be argued to aid to ISIS. I am not saying such an accusation is wise or just, merely that it is conceivable that a government lawyer may make such a claim in court.

    1. Re:Treason seems "technically plausible" ... by whoever57 · · Score: 1

      the government suspects the phone contains unknown information related to ISIS (say a contact) then prohibiting access to that information could arguably be providing aid to ISIS.

      There is approximately zero chance of this. The phone in question was his work phone. He destroyed his personal phone, presumably with the knowledge that it might have actionable information on it. Since he did not destroy this phone, it is very unlikely to have any actionable information on it. The FBI is pushing this case to set a precedent.

      --
      The real "Libtards" are the Libertarians!
  66. Re:Except he already decided NOT to submit the bil by idontgno · · Score: 1

    What I heard was more like "Problem, Freedom?"

    --
    Welcome to the Panopticon. Used to be a prison, now it's your home.
  67. I don't get it by wwalker · · Score: 1

    So, my understanding is that Apple is refusing to create a version of iOS that would allow FBI to crack encryption on this one phone because then it can be used to do the same on other phones, right? I totally get it, privacy of everyone will be compromised and FBI can't be trusted. But in this particular case a (hopefully) independent judge reviewed the case and ordered Apple to help decrypt the phone. It changes everything, and I don't see why it wouldn't be ok to break encryption on a per case basis under judicial system oversight. So, why can't FBI deliver the phone to Apple, and Apple decrypt this one particular phone without releasing the compromised version of iOS to anyone? And do the same if and when a judge orders the same for another particular phone? What am I missing here? Have the "bad" version of iOS encrypted on a USB stick with a passphrase that only Tim Cook knows, so only he can authorize the decryption on a per case basis? Why not?

    1. Re:I don't get it by thestuckmud · · Score: 1

      So, my understanding is that Apple is refusing to create a version of iOS that would allow FBI to crack encryption on this one phone because then it can be used to do the same on other phones, right?

      In A Message to Our Customers Apples Tim Cook described the software ordered by the judge as a "backdoor" and explained that "once created, the technique could be used over and over again". What exactly he means by "technique" is unclear: It seems to suggest that any weakened version of iOS Apple supplied to the FBI might be installed on other phones. Some observers have suggested that even if the software checks the phone's hardware ID, it might still be compromised. There is merit in this argument given the difficult job of designing and verifying highly secure software coupled with at least one new potential channel (hardware ID spoofing) for attacking these iPhones.

      However, I think Cook's argument is actually broader: That the larger risk is the Pandora's box opened by setting a precedent forcing them to undermine the security of their product. If the United States succeeds here, how long will it take for other countries to demand the same access? I find the international implications on the privacy of journalists, dissidents, etc. acting in (even more) repressive countries very worrisome indeed.

      OK. Three more things. First, we have good reason to believe that the US National Security routinely lies to the American people and our elected representatives about the value of their security intrusions. "Terrorism!", "think of the children", never mind that the FBI acts illegally (spying on congress, anyone?, Stingray surveillance?) and openly desires to routinely thwart our electronic security. Second, Apple has a lot to gain by proving the security of its products through this fight. Trust in products from US electronics companies is falling due to revelations of pressures to add backdoors (among other things), and the FBI's failure to access this phone is the best kind of evidence that Apple has not compromised it. Third -- and this is complete speculation on my part -- it is entirely possibly that Apple has previously received even worse orders to compromise security, but secretly, under the auspices of a National Security Letter, and that this is really a proxy fight against a secret court with no appeal process.

    2. Re:I don't get it by Gilgaron · · Score: 1

      I do wonder what the legal consequences would be if they did a 'good faith effort' and failed and the phone nuked itself.

  68. Apple has decrypted in the past by zapadnik · · Score: 1

    Apparently Apple has helped the US Government decrypt iPhones at least SEVENTY times in the past.
    Citation: http://www.thedailybeast.com/a...

    It is curious that Apple does not want to decrypt the phone of a jihadi (fanatical enemy of all Free People, based on Koran 9:29), but has no problem unlocking phones of US citizens. Seems like Apple prefers to defend foreign enemies and doesn't care about citizens (but then, the same can be said of mainstream media and politicians too).

    1. Re:Apple has decrypted in the past by oh_my_080980980 · · Score: 2

      Not quite ass-hole.

      "It has not unlocked these iPhones — it has extracted data that was accessible while they were still locked. " http://techcrunch.com/2016/02/...

      Do some research before looking like an ass-hole.

    2. Re:Apple has decrypted in the past by zapadnik · · Score: 1

      What is wrong with you????? why call someone an "ass-hole" when you have a minor correction to what they've written? it sounds to me that it is you that is the "ass-hole" that needs to take a good look in the mirror at what a douche you are.

  69. Apple merely needs to digitally sign a file by perpenso · · Score: 1

    And being asked to tear down the security mechanisms in your proprietary operating system comes quite close in comparison.

    Apple is being asked to do no such thing. All the FBI needs is a version of iOS that skips the passcode count limit and the delay between passcode entry attempts. Quite trivial modifications. The FBI could certainly make such changes. What is needed from Apple is to digitally sign that updated iOS so that the hardware will accept it and run it. Furthermore if Apple makes such changes they could add code to limit the modified iOS to only run on the device in question. The FBI would be unable to alter this new device limitation as they are unable to alter the passcode retry limit and delays. Any alteration of the code break the digital signature. Such an updated iOS from Apple could not be run on any other phone.

    The real problem is that the government's claim this is a one-time event is BS. There is no limitation preventing another judge on any other case from issuing a similar order to Apple.

    1. Re:Apple merely needs to digitally sign a file by Anomalyst · · Score: 1

      my understandibg is the count is kept by the encryption hardware itself and the OS has no way to reset or overide the count. The OS just reports back what it gets from readonly status registers. modifyiing it is useless and wont provide the results requested.

      --
      There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
    2. Re:Apple merely needs to digitally sign a file by whoever57 · · Score: 1

      All the FBI needs is a version of iOS that skips the passcode count limit and the delay between passcode entry attempts.

      Actually, the FBI needs no such thing. The phone in question was his work phone. He destroyed his personal phone, so there is approximately zero chance that this phone has any data that would be useful to the FBI.

      The FBI is using this issue as a convenient case to set a precedent. There are no 4th amendment issues because the phone belonged to his employer, who already consented to it being searched.

      --
      The real "Libtards" are the Libertarians!
    3. Re:Apple merely needs to digitally sign a file by perpenso · · Score: 1

      Because it is impossible to modify a program written for a specific device to run on any device that runs the same OS?

      For the FBI, yes. Once they modify the program they need Apple to reapply the digital signature. The FBI can not move the software from one device to another on their own.

      Is that what you are claiming? Because that is the most technically ignorant thing I have read in a while.

      Modifying the code to bypass the count and delay is equivalent to modifying the code that checks for a particular device's UDID. If the FBI can not do the former then they can not do the later. Any change invalidates the digital signature. Without a valid digital signature the phone will not run that version of iOS.

    4. Re:Apple merely needs to digitally sign a file by perpenso · · Score: 1

      my understandibg is the count is kept by the encryption hardware itself and the OS has no way to reset or overide the count. The OS just reports back what it gets from readonly status registers. modifyiing it is useless and wont provide the results requested.

      On the iPhone 5C? Which is the model in question. That might be something new for the iPhone 6 and 6 Plus.

  70. Ex Post Facto Bill by AnalogDiehard · · Score: 2

    That bill is proposing an ex post facto law which is explicitly barred by the US Constitution.

    --
    Eternity: will that be smoking, or non-smoking? I Corinthians 6:9-10
    1. Re:Ex Post Facto Bill by theophilosophilus · · Score: 2

      Mod up, I clicked on this thread explicitly to see if anyone caught this fact. https://en.wikipedia.org/wiki/...

      --
      Why have 1 person driving a backhoe when you could employ 20 with shovels?
  71. Re:Except he already decided NOT to submit the bil by Fire_Wraith · · Score: 4, Insightful

    There's other factors to consider. For one, income isn't exactly equal in terms of what it means. You might think a dollar is a dollar is a dollar, but a single dollar to a poor person has a lot more marginal value than it does to a billionaire.

    There's a certain amount of income that's basically your core survival amount. For the sake of argument, let's say $15k (which may vary greatly). Taking money away here is going to seriously threaten your ability to just get by.
    Then comes the next level, where you start to add in basic amenities, and minor luxuries like entertainment, saving money, the occasional vacation. Taking money from this amount doesn't threaten you, but it might lower the niceties that you can afford (maybe you only go out once a week to places like Chipotle rather than going out 2-3 times a week to a steakhouse). It's not the end of the world, but you notice.
    Eventually, we get to the point where you're making so much money that the difference in amenities that more money will buy is approaching a ridiculous level, like a question of 187 diamonds encrusted on the steering wheel of your Yacht rather than 188. We're talking incomes into the millions of dollars here. At this point, you're not even going to notice an extra dollar, because it represents a tiny fraction of your income. And even if we start talking percentages of your income, the amount that you're foregoing may be staggeringly huge, but it has minimal real impact on your lifestyle. If I make $10 million a year, and I pay 10% more in taxes, that's a million more I pay - but I won't notice it the same way that someone making $50k notices losing an extra $5k. Moreover, at this level, I have lots of money I can afford to invest into making even more money.

    So that's partly why progressive taxation can make sense, because of the marginal value of that income. But really, the core problem in many cases is that last sentence above, because the majority of wealth isn't in wage income. Really rich people make their money off investments, and capital gains is taxed far less than wage income, and it's definitely not indexed progressively (or at all).

  72. The "backdoor" could *not* be re-used ... by perpenso · · Score: 1

    Re-using a "backdoor" is preventable. All the FBI needs is a version of iOS that skips the passcode count limit and the delay between passcode entry attempts. Quite trivial modifications. The FBI could certainly make such changes. What is needed from Apple is to digitally sign that updated iOS so that the hardware will accept it and run it. Furthermore if Apple makes such changes they could add code to limit the modified iOS to only run on the device in question. The FBI would be unable to alter this new device limitation as they are unable to alter the passcode retry limit and delays. Any alteration of the code breaks the digital signature. Such an updated iOS from Apple could not be run on any other phone.

    The real problem is that the government's claim this is a one-time event is BS. There is no limitation preventing another judge on any other case from issuing a similar order to Apple.

    1. Re:The "backdoor" could *not* be re-used ... by oh_my_080980980 · · Score: 3, Insightful

      "The real problem is that the government's claim this is a one-time event is BS. There is no limitation preventing another judge on any other case from issuing a similar order to Apple."

      **This** is the crux of the matter, ensuring it won't be used again or misused. As we've seen with the Patriot Act, the FBI misused those powers. So measure need to be taken to prevent misuse if Apple relents.

    2. Re:The "backdoor" could *not* be re-used ... by Darinbob · · Score: 1

      The FBI has not even bothered to provide a compelling reason to crack this particular phone. The FBI already has the meta data, they know who called who and when and from where. They don't know if there's any extra data on the phone, they're just suspicious. The killers are already known and they are dead. The killers used burner phones so they were probably smart enough to not put incriminating data on a work phone. So the FBI is just fishing, crossing their fingers that there might be a text message that contains a roadmap to find all other terrorist plots in the country. As a third party why should Apple be compelled to do the FBI's investigation for them?

      After all there is no limit to how far the FBI will go to protect their terrorism task force budget. Er, I mean citizens, protect the citizens.

  73. Re:Except he already decided NOT to submit the bil by Dcnjoe60 · · Score: 4, Insightful

    Like insurance, shouldn't you pay more for the protection of your property if you have more property to protect? As such, shouldn't the wealthy be paying a larger share of their income to taxes to protect their larger share of the benefit of government protection?

    Your argument doesn't make sense. Of course the rich should pay more in taxes. But should they pay a higher percentage? Your "insurance" analogy does not support that. If I insure twice as much value, I pay twice as much, not three times as much.

    Progressive taxation cannot be justified in terms of paying for services. It can only be justified if you believe that government should be an instrument of social justice.

    I'm not saying they should pay a higher percentage, but the reality is, according to the OMB the top 10% pay the lowest percentage of total income as taxes, while the lowest 20% pay the highest percentage of total income as taxes.

    As for insurance, if you buy a car that cost three times as much as I do, you would expect to pay three times the insurance, assume the other factors being the same. And yet, with taxes, at least in the US, it does not work that way. Again, according to the government's own numbers, the more you earn, the percentage paid in taxes decreases. You often hear quoted that the top 10% pay 50% of the taxes and while that is true, that is talking about in dollars paid, not as a percentage of income. Since the OP was about the cumulative tax burden of local, state and federal, including sales taxes, the more you have, the less percentage of it you pay.

    As for the government being an instrument of social justice or not, that has nothing to do with it. The US had it's best economic growth at the same time it had its highest income tax rates. What determines economic growth is the purchasing power of the middle class, not the poor or the wealthy. However, since the 1980s, the middle class has received the heaviest tax burden (as a percentage of income) and has dwindled. Contrast that with, say, Germany that has a strong middle class and a high tax burden. They have a robust economy, even with many social programs beyond what the US has.

    Social spending isn't the drain, it is the accumulation of wealth by the very top few percentages that drains the economy. Money in the hands of the lower and middle classes is used predominately to purchase direct goods and services, therefore stimulating supply and demand. Everybody wins. However, in the hands of the wealthy, it tends to accumulate which means it is actually removed from the economy. In this way, it has the same effect as government borrowing and actually slows the economy.

    If one million people go out and purchase a new refrigerator, that will create more jobs than one person buying a million dollar boat. In addition the wages paid for those jobs will further stimulate the purchase of goods and services upto seven times the original dollar amount.

    Remember, prior to the 1980s, the United States had a progressive tax system and had it's greatest economic growth period. Since then, when the tax system was flattened, at the expense of the middle and lower classes, growth, outside of speculative ventures, has declined.

  74. Just can fine Apple until it hurts by perpenso · · Score: 1

    Legislation is unnecessary. If this is an order from a Judge, then failure to comply means they're in contempt of court, for which there isn't much legal recourse. The Judge can simply have corporate officers jailed until they comply.

    Or levy a fine. Say a daily fine until compliance. The judge can choose a fine amount that hurts financially. In short, corporations can be compelled.

  75. but justice Scalia is out of the court and the gop by Joe_Dragon · · Score: 1

    but justice Scala is out of the court and the gop is pulling to be able to name there man to replace him.

  76. Re:Except he already decided NOT to submit the bil by JackieBrown · · Score: 2, Insightful

    Liberal/progressives/socialists/etc know this but also know that giving amounts instead of percentages is an easy way to bring hate and anger and resentment to people.

    One guy makes 10 thousand and his neighbor makes 100 thousand. Taxes get cut 5% across the board.

    The guy thinks it's fair when he is told they both get to keep an extra 5% of their salary.

    Alternatively

    The first guy is told that he is being cheated by the rich. Instead of percentages, he is told that the rich guy gets a $500 tax cut and that he is only getting a $50 tax cut. The first guy is now angry and outraged and will want to vote someone in that will make that other guy suffer for screwing him over.

  77. How do you "cover your tracks" with a phone? by kyle3489 · · Score: 1

    I need to learn this technique...

  78. No mention of party... by damn_registrars · · Score: 1, Troll

    What a surprise that slashdot made no mention of the fact that Richard Burr is a Republican. Leaving it out allows the slashdot conservative base to more easily pretend that this bill isn't coming from one of their own.

    --
    Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  79. Re:Richard Burr - re-read the Constitution fucktar by oh_my_080980980 · · Score: 1

    Study the Constitution sometime. The owners of the phone, San Bernardino county, consented to have the phone searched by the FBI and have he encryption broken. So the Fourth Amendment is not being violated. Now if San Bernardino county said no to the search, then yes the Fourth Amendment would be violated.

  80. Re:Richard Burr - re-read the Constitution fucktar by oh_my_080980980 · · Score: 1

    Farook did not own the phone. San Bernardino county owns the phone.

  81. Re:Richard Burr - re-read the Constitution fucktar by oh_my_080980980 · · Score: 1

    No it's not a constitutional issue because Farook did not own the phone. San Bernardino county owned the phone. Research before posting inane comments.

  82. Three birds with one stone by khoult · · Score: 2

    Since Sen. Richard Burr is clearly an expert on this (NOT). Apple should just hire him to do the work for the FBI. 1) Apple can now claim they have put an expert on the job. 2) Judge/FBI can't complain 3) The phone won't get cracked. Win/Win/Win :-)

  83. Re:Except he already decided NOT to submit the bil by lgw · · Score: 1

    The effective tax rate of all taxes and fees is well below 50%, at least in the US.

    I've had a marginal tax rate over 50%, in the US. You may not realize that beyond a certain income level (still well below the 1%) you start losing your deductions. With every dollar you earn, your deductions drop a few cents. This can become a10% or so effective marginal tax rate. The Obamacare tax adds another ~4% marginal tax rate. Add state taxes and your 28% nominal tax rate can pass 50%, without being in the 1%.

    My solution was to move out of California. I make a bit less money, but it's not like I was keeping the extra. Yes, I'm free not to work but that doesn't fund the state!

    Taxes should be seen as a way to fund needed government programs, and not as an instrument of social justice, as the two goals often pull in opposite directions.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  84. Re:Except he already decided NOT to submit the bil by ShanghaiBill · · Score: 1

    Insurance against theft includes the risk of theft. If you have 100 times as much of something, you sure as fuck are going to have reason to pay more than 100 times as much.

    No, this is backwards. The poor are far more likely to be victims of theft than the rich. Where you live is much more important than what you have.

  85. Re:Except he already decided NOT to submit the bil by cayenne8 · · Score: 1
    Ok, then make it easy.

    Everything below $15K or whatever the minimum survivable income is, is tax free.

    Anything above that..pays a flat tax.

    That would be fair, and likely a reasonable amount (has to be less than the current 30%+ amounts I pay now and I am NOT rich) could be found, and pay for the basic Federal Govt, especially if we pare the Fed down a bit more to fit their constitutionally mandated functions.

    Yes, I read how another 10% hits lower than higher wealth folks. But who is to say that a middle income families vacation is any more important that that 188th diamond on a yacht?

    Is that for the govt to say? I hardly think so....I certainly don't read that in the constitution.

    People paying taxes should be able to easily, on a post card....figure "You made $x. You pay y% of that...you owe $z.

    Simple..fair.

    Now..I don't have an answer for the capital gains taxes....sure you might wanna hit the rich there, but when you do...you also hit the lower wealth classes..as that they are investing their retirement and it gets hit with those same taxes, that as you say...affect them worse than it does the wealthy.

    If you wanted to really get every last cent (even the money spent that was gained by illegal means)...do away with all income tax and do a national sales tax. NOT BOTH. You could either exempt necessities of life (food, meds, rent)..or offer a rebate on it EOY....that way you'd not over proportionatly hit the poor.

    But you'd get all the tax from the wealthy that buy expensive things. You'd get money from folks that gain their income by criminal means, which usually is unreported.....but they too have to shop and buy things...etc.

    If you did something like that...then you would have the individual voluntarily paying proportional taxes due to their increased spending power and desire to wield it to have the luxuries in life.

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
  86. Re:Richard Burr - re-read the Constitution fucktar by spire3661 · · Score: 1

    Its a constitutional issue because the government is asking for Apple to CREATE something for them. The government does not have the power to compel people or corps to do actual work for them. The crux of this whole issue is, "can you legally make an unbreakable lock"

    --
    Good-bye
  87. Re:Except he already decided NOT to submit the bil by myowntrueself · · Score: 1

    Actually, it pays more to "not work" in our socialistic economy than it does to work. The unmarried unemployed couple with two children can receive around $75,000 in benefits and credits. Why would anyone want to work?

    I can't imagine being unemployed with two kids.

    Oh wait, yes I can. I can imagine being driven completely insane by being bottled up with my spouse and two kids all fucking day long. Work provides valuable time out from the hell of home life!

    If you were unemployed with a spouse and two kids you better have a very supportive spouse otherwise it'll be a freakin nightmare.

    --
    In the free world the media isn't government run; the government is media run.
  88. seriously.. by Anonymous Coward · · Score: 1

    I mean with so much shit going on in the world.. Are we really taking up time and re-sources on this crap..

    What do we pay these guys for??

    Buncha sniveling brats.. Boo Hoo.. you cant compell people to do things that aren't right..

    I mean there is something in the constitution that prohibits this, and or these tactics,, right?
    As much as I dislike Mcaffee's involvement in this, based on todays events I embrace his inclusion to some degree.. DO what the govt cant, and see what the govt really does about it..

      I think these frivolous claims should be banned on face value alone..
    Insted of wasting time of this non-sense crap, why not focus on a budget.
    focus on your families
    focus on climate change
    focus on food
    focus on famine
    focus on how to clean up RIO-De-Janero's env for the olympics..
    Pathetic.
     

  89. Re:Except he already decided NOT to submit the bil by hhw · · Score: 1

    I disagree. Progressive taxation simply aligns income tax more with disposable income than gross income. Ideally, there would be a straightforward way to calculate disposable income, but sadly there is not. As a percentage of disposable income, the poor are paying a disproportionately greater amount of tax than the wealthy. It also stands to reason that wealthier people are receiving greater benefit from societal structures, so it makes sense for them to make greater contributions to support those structures accordingly.

    --
    http://astutehosting.com/
  90. Re:They can have my encryption... by Anomalyst · · Score: 1

    and campaign contributions and laws whose text is provided by outside parties.

    --
    There is no right to feel safe thru security vaudeville at the expense of everyone's freedom, privacy and tax money.
  91. Re:Except he already decided NOT to submit the bil by ShanghaiBill · · Score: 1

    The poor are more likely to be robbed, but the total value of the robbery is much less.

    Not true. The rich have assets like financial securities and real estate that are not susceptible to theft. But their steal-able stuff, like TVs, cellphones, etc. are not much different than what a poor person has (if you think poor people don't have big TVs, go visit a trailer park). Poor people are more likely to carry cash. Crime is a much bigger burden on the poor.

  92. Re:Except he already decided NOT to submit the bil by Anonymous+Cow+Ward · · Score: 1

    "stole"

    Some people who are at the top are thieves, but I'd argue that most of them aren't, by any reasonable definition of the word "thief".

    --
    Examine even your most deeply held beliefs. Nobody is always right.
  93. Re:Except he already decided NOT to submit the bil by reboot246 · · Score: 1, Informative

    Can you not read? The top 1% includes the billionaires, and they pay more in taxes than you make.

    I know a billionaire who has fed 10,000 Haitian children per day since the earthquake. What have you done lately?

  94. Re:Except he already decided NOT to submit the bil by roman_mir · · Score: 1

    I disagree with the entire concept of slavery through income and wealth taxation and with the entire concept of building political power by redistribution of the stolen resources.

    The poor are not contributing to society at all compare to the rich. Here, I said it: any poor person is contributing nothing compared to any rich person. A person running his or her business is contributing to society in ways that are much greater than any poor person because a business is a gigantic boon for the economy while a poor person is a drain on the economy.

    My position is that nobody should have any income taken from them with any taxes, any income or wealth related tax over 0% is injustice and slavery and oppression and nothing else at all.

  95. Re:Except he already decided NOT to submit the bil by Firethorn · · Score: 1

    Ok, then make it easy.

    Everything below $15K or whatever the minimum survivable income is, is tax free.

    Anything above that..pays a flat tax.

    Hell, make it refundable. I've seen people still seriously argue that my tax scheme is still 'regressive' when this is what I argue for:
    Every adult US Citizen in good standing* receives $500/month as a big.
    30% flat tax rate with exceptions being rare as hell.

    Hell, they'll get upset at me when I mention that the current US tax system is more regressive than a flat tax(with a big standard deductible/exemption) - due to the way long term capital gains are treated, those I consider 'truly rich' make most of their money via capital gains, specifically long term, and end up paying a lower percentage than the upper-middle class.

    Now..I don't have an answer for the capital gains taxes....sure you might wanna hit the rich there, but when you do...you also hit the lower wealth classes..as that they are investing their retirement and it gets hit with those same taxes, that as you say...affect them worse than it does the wealthy.

    IRAs, 401K, etc... With a little bit of thought and the even more favorable capital gains rates for lower income people, it's entirely possible. At my income level I'm doing nearly all Roth IRA.

    The simplest solution, I think, would be to split income into 2 categories - I'll call them 'earned' and 'unearned'. Earned is wage income and such. Unearned is investment income - from what you own, not what you do. If you put short term trading gains into Earned, that's just a rule.

    Anyways, have a standard exemption and tax table for each - and they are to be the same. So if you make $1M in a year, if it's ALL wages or if it's all investment income, you pay $x in taxes. If you make that same $1M, but it's $500k wages, $500k investment, then you pay $y, where $y is less than $x.

    *IE not a criminal on the run.

    --
    I don't read AC A human right
  96. Re:Richard Burr - re-read the Constitution fucktar by dissy · · Score: 1

    Apple is protecting itself from charge of Treason, something you yourself are guilty of.

    Actually this has been the worst part regarding discussing these people and their hatred of America.

    Treason isn't really the correct term.
    These people certainly have over-thrown the American government alright, but not through the use of force or violence.
    In fact they took over by exploiting bugs in the system itself, which means treason isn't a proper description of their actions.

    Terrorist isn't the correct term either, pretty much for the same reason.
    Yes their actions terrify the fuck out of me, but they are not doing it through the use of violence.
    In fact the harm they are causing is (mostly) harm allowed from within the system (IE the use of law enforcement to imprison people)
    Obviously those in the government in favor of torture and other crimes DO fall under the terrorist label, but that is fairly limited (not saying it isn't bad or a problem, far from, but it doesn't apply to many law makers including these people)

    So what term do we coin for these people?

    Law-hackers? Legalese-kiddies? Just America-haters?

    None of those sound to me as strong of a term as is needed for the damage and harm these people have done and are doing to so many millions of people.

    But reusing other less apt terms just derails the discussion away from the topic at hand and onto stupid needless definition-nazi arguments.

  97. Re:Except he already decided NOT to submit the bil by AF_Cheddar_Head · · Score: 1

    Taxes should be seen as a way to fund needed government programs, and not as an instrument of social justice, as the two goals often pull in opposite directions.

    Define needed government programs, because one person's needed program is the next person's waste.

    We must pay for defense, defense spending is a waste and drag on the economy.
    We must pay for contraceptives, Planned Parenthood is an abomination.

    ETC. ETC. ETC

    What we really need to do is make sure that we raise enough money to pay for whatever we are doing. As a society we definitely can afford higher tax rates that we currently have. In the 50s and 60s our parents/grandparents had a much higher tax rate and built the Interstates, fought the cold war and funded the race to the moon. Today we are too cheap to raise the gas taxes to pay for the maintenance to those Interstates they built.

  98. Re:Except he already decided NOT to submit the bil by lgw · · Score: 1

    Higher tax rates don't necessarily mean higher government funding - the more you make, the more choice you have in how, where, and when you get paid. Funding benefits more from a growing economy, over time, in any case - we've never, under any tax structure, manged more than 20% of GDP as federal revenue for long. The difference between a 2% and 4% growth rate is a much larger factor over the decades.

    Our problem with bridges and roads and other clearly legitimate government spending is that it's less than 20% of the federal budget, perhaps less than 10% depending on what you count. The money is there. Five or ten times the money is there. It's not a question of having the money.

    --
    Socialism: a lie told by totalitarians and believed by fools.
  99. Re:Richard Burr - re-read the Constitution fucktar by anegg · · Score: 1

    Right. Or, put otherwise, do US citizens have the right to use unbreakable encryption? Does the government have the right to require that nothing can be kept secret from the government? Do citizens only have the right to privacy if they can keep a secret entirely themselves? (No other parties know it, no other parties created any of the technology used to keep it secret)

    If the government can force a producer of a product that enables secrecy to break that secrecy, then no citizen can have secrecy unless they themselves are the sole keeper of their secret.

    By the way, does the government have the right to keep secrets from the citizens?

  100. Re:Except he already decided NOT to submit the bil by JesseMcDonald · · Score: 1

    As for insurance, if you buy a car that cost three times as much as I do, you would expect to pay three times the insurance, assume the other factors being the same. And yet, with taxes, at least in the US, it does not work that way.

    The "taxes as insurance" analogy isn't a very good one—unless you mean "insurance" as in "protection racket", then it's fairly apt—but also consider this: if you can afford to lose the car, you don't need (comprehensive) insurance on it at all. You'll still need liability insurance, of course, but that's for a fixed amount and doesn't depend on the value of the vehicle (and if you're sufficiently wealthy you may be able to self-insure for liability as well).

    If taxes were analogous to insurance then the rates would be regressive, not progressive. The wealthier you are the less protection you need, proportionally speaking. You have more to lose, but you can afford to lose more without serious hardship. The wealthy do not require proportionally greater levels of government services than the poor, and can easily afford to provide those services for themselves. The purpose of a progressive tax code is redistribution, not fairness.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  101. Re:Richard Burr - re-read the Constitution fucktar by gnasher719 · · Score: 1

    The Constitution protects EVERYONE, not just "good people", but EVERYONE from unreasonable search and seizure.
    It also allows EVERYONE to refuse to answer on the grounds that they might incriminate themselves.

    Your argument is absolutely, totally wrong.

    The owner of the phone agrees with the search. If you are suspected of a crime, the police needs a warrant to search your home and your phone. If you left evidence at your workplace or on your workphone, they don't need evidence. They only need permission of your employer. Actually, I believe they don't even need that, because a search without permission or warrant only means any evidence against your employer cannot be used against them, but evidence against _you_ can be used. (If you threw a bloody knife that you used to kill your wife into your neighbour's garden, and the police searches that garden without a warrant and without permission of the owner, that search isn't violating _your_ rights so the bloody knife can be used as evidence against you. )

    The person who doesn't want the evidence to be found is dead. Shot dead. Totally deserved, after killing over a dozen people. His rights cannot be violated anymore. The search for evidence on that phone is totally reasonable. Even without the permission of the owner, the police would have got a warrant. The right against self incrimination doesn't protect you. The police has the right to see the evidence, you have no right to hide it. Giving the police the passcode is only self incrimination if the police didn't actually know that the phone was yours, and having the passcode proves that it is indeed yours.

    So your reasoning is totally, absolutely wrong. The reason why Apple shouldn't have to help the police is _that it isn't their phone_. Apple has no evidence in its hands. They are not involved in the crime in any way. It's like an FBI agent who needs to get to the court ordering you to drive him there in your car. And then politicians claiming that you support terrorists by telling the FBI agent to call a taxi.

    The owner gave the FBI the permission to search the phone. The owner should have had the passcode then, but they don't. Tough luck. Should have looked better after the phones they own.

  102. Re:Except he already decided NOT to submit the bil by Dcnjoe60 · · Score: 1

    The purpose of a progressive tax code is redistribution, not fairness.

    There is nothing inherent in progressive tax code that leads to redistribution. That is on the spending side of government, not the taxation side. Social programs are not part of the tax code, but instead, how a government uses the funds raised. If the US had a flat tax and still had welfare programs, would people argue that the only purpose of a flat tax is redistribution? No, of course not.

    Taxation and how the funds are used are two totally separate issues.

  103. Re:Arrogance by srmalloy · · Score: 1

    If it is demonstrated to be possible to decrypt an iPhone by doing an end run around its built-in protections, then someone outside of Apple will figure out how to replicate Apple's process. At that point, iPhones spike in value to thieves, because instead of just wiping them and reselling them with different SIM cards, now there's a way to pull all of the credit card and account information off of the device.

    And the FBI's claim that they want to decrypt this one phone only is specious. The information on the phone is 'important' because the owner was a 'terrorist' and a 'murderer', and the information on the phone could lead them to other terrorists. And what happens the next time they recover a phone from a murderer or terrorist? Are they going to just shrug and say 'we used up our one-time cracking with Apple on the last one'? No, they'll whip out another court order and force Apple to do it again. And if it's useful to do it when you're trying to track down terrorist networks, then surely it would be useful to do it to track down the accomplices of a murderer... or a rapist... or an armed robber... And they keep waving the "public safety" flag to justify forcing the cracking of encryption on phones owned by people accused of lesser and lesser crimes, even if they swore on a stack of Bibles it would only be this once... or only when going after terrorists... The police can always make a claim of 'public safety' whenever they want to extend their ability to derive evidence from material they never before had access to; there is nothing restraining them but their own morality. Oh, but Congress could pass a law restricting this use to terrorism cases. And later, under the guise of 'getting tough on crime', extend it to murders. And the people who'd be creating copycat encryption breakers won't care about any of that; they'll just make the tools.and sell them.

  104. Re:Arrogance by srmalloy · · Score: 1

    “No one outside Apple would have access to the software required by the order unless Apple itself chose to share it,”

    And, of course, Applie would lock this up unretrievably; there would be no way for, say, a disgruntled employee to make a copy of the code to crack the OS and auction it on the darknet. No way for someone to accidentally leave the code on a laptop that gets stolen. No way to break into Apple and steal it. Once a dangerous object exists, it must be protected forever to prevent it from being misused.

  105. Re:Except he already decided NOT to submit the bil by JesseMcDonald · · Score: 1

    The purpose of a progressive tax code is redistribution, not fairness.

    There is nothing inherent in progressive tax code that leads to redistribution. That is on the spending side of government, not the taxation side.

    Redistribution depends on both taxation and spending, specifically whether the difference between the amount you pay in taxes and the amount you benefit from the spending is correlated with wealth and/or income. I had already argued that the increased taxes under a progressive tax policy are not balanced by an increase in benefits, which leaves as the only other option a situation where the difference is redistributed to others who pay less in taxes and yet benefit more from the spending.

    --
    "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  106. Re:Except he already decided NOT to submit the bil by Dcnjoe60 · · Score: 1

    That is assuming that the excess isn't used for other purposes, say, research, infrastructure, military, new power sources, space, or whatever. There are other alternatives besides wealth redistribution.

  107. Re:Richard Burr - re-read the Constitution fucktar by Darinbob · · Score: 1

    Also one is always allowed an appeal. Apple is not required to comply without question and is almost certainly going to provide a response to the judge within the time allowed by the judge. Apple is not thumbing it's nose at the courts and it has not violated any laws on this account or ignored any warrants. Yet so many politicians are up in arms that Apple is not responding immediately, some saying that Apple has to comply because "it's the law". More politicians who just don't seem to understand what the law really is, which should logically make them ineligible for the office they are seeking.

  108. Re:what happened? by Darinbob · · Score: 1

    Nonsense, it's easy to write Perl. The hard part is trying to read it.

  109. Re:Except he already decided NOT to submit the bil by sumdumass · · Score: 1

    Yep there sure is. For starters, billionaire doesn't say shit about how much someone earns. Likewise, the amount someone earns doesn't say shit about how much they are worth.

    You do realize that you pay taxes on what you earn and generally not on what you saved or accumulated right?

  110. Re:Show Government Ineptitude by catprog · · Score: 1

    Or more likely the government did not purchase the iPhone or hire the terrorist.

    It is just a likely as the federal government being behind 9/11.

    --
    My Transformation Website
    Kindle Books http://www.catprog.org/rev
    Interactive CYOA http://www.catprog.org/st
  111. You There! by IBitOBear · · Score: 1

    Create a master key, keep it to yourself. We won't ask you to give it to us, we promise. We don't care how you do it, we promise. It's only this once, we promise.

    But whatever it takes, you go ahead and do it.

    As a bonus, you will perform this work using people and equipment you get to pay for all by yourself. I'm sure it will be no burden at all and you should be ready to pay these expenses now because you didn't have the foresight to compromise all your products proactively.

    And of course we'll never use this a precedent to force you do to this for all other products you make, and we'll not be forcing all the other companies to do likewise. ... we promise.

    It's such a simple request... and besides "Teh Terrorestors!"

    --
    Innocent people shouldn't be forced to pay for inferior software development.
    --"Code Complete" Microsoft Press