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Apple: Terrorist's Apple ID Password Changed In Government Custody (buzzfeed.com)

An anonymous reader writes: The Apple ID password linked to the iPhone belonging to one of the San Bernardino terrorists was changed less than 24 hours after the government took possession of the device, senior Apple executives said Friday. If that hadn't happened, Apple said, a backup of the information the government was seeking may have been accessible.

Had that password not been changed, the executives said, the government would not need to demand the company create a 'backdoor' to access the iPhone used by Syed Rizwan Farook, who died in a shootout with law enforcement after a terror attack in California that killed 14 people. The Department of Justice filed a motion to compel the company to do that earlier Friday.

290 of 435 comments (clear)

  1. Not sure I understand this. by Anonymous Coward · · Score: 5, Insightful

    I understand that the government can issue a warrant, completely in the spirit of the 4th amendment. However, how can they "deputize" or force independent individuals/organizations to do their bidding?

    1. Re:Not sure I understand this. by Dunbal · · Score: 4, Insightful

      Welcome to the New World Order.

      --
      Seven puppies were harmed during the making of this post.
    2. Re:Not sure I understand this. by Black+Parrot · · Score: 1

      Anytime a court issues a subpoena its a compulsion for some individual or organization to produce evidence (or show up and testify).

      As best I can puzzle out, Apple is just resisting the order in hopes that a higher court will support them.

      --
      Sheesh, evil *and* a jerk. -- Jade
    3. Re: Not sure I understand this. by radiumsoup · · Score: 3, Insightful

      Subpoenas are good for compelling the production of evidence that the recipient actually possesses...by any account, Apple does not actually possess the evidence requested. The subpoena, on its face, should fail.

      The problem is that we now have SCOTUS precedent where the government can compel individuals to do anything requested or face a punitive tax. All the Administration has to do is create a "make us a back door or pay a $10M per day" tax, and Apple will cave. Unintended consequences of Obamacare.

    4. Re: Not sure I understand this. by vux984 · · Score: 1, Troll

      All the Administration has to do is create a "make us a back door or pay a $10M per day" tax, and Apple will cave. Unintended consequences of Obamacare.

      More like Imagined consequences as a result of a too tight tinfoil hat. You can argue about obamacare legitmately, but this is not how.

    5. Re:Not sure I understand this. by russotto · · Score: 4, Interesting

      It's not a subpoena. It's a writ of assistance. These... don't have the best history on this continent.

    6. Re: Not sure I understand this. by Anonymous Coward · · Score: 3, Insightful

      Bullshit. The government is asking Apple to create new software. Code is speech and as such is protectes by the first amendment.

      Were it not any jackass court in the land could force you to stand in the street corner yelling I hate niggers.

      Apple can give them the signing key and the FBI/cia/NSA can go write their own damn firmware after they fuck themselves

    7. Re:Not sure I understand this. by slashdice · · Score: 3, Informative

      There's plenty of legal justification (and more importantly, case law) that the All Writs Act doesn't extend as far as the FBI is trying to push it. And it really doesn't matter what the SCOTUS might think because that would be years off. Far more relevant is the 9th circuit court of appeals. (With a 4-4 SCOTUS, it would remain as they left it).

      --
      Copyright (c) 1990 - 2014 Dice. All rights reserved. Use of this comment is subject to certain Terms and Conditions.
    8. Re: Not sure I understand this. by rthille · · Score: 1

      $10M/day? Snooze. It'd take Apple years and years to feel that :-O

      --
      Awesome furniture, accessories and cabinetry in Santa Rosa, CA: http://humanity-home.com/
    9. Re:Not sure I understand this. by AK+Marc · · Score: 1

      So you don't know what a subpoena is, and are complaining that one of the more settled parts of law is invalid because you don't understand it?

    10. Re: Not sure I understand this. by AK+Marc · · Score: 3, Interesting

      And your argument is wrong. The fault isn't the adminsitration's, but that of those who fought it all the way up. They picked a bad test case for "tax as a means of force". That's why so many cases go uncontested. Roe vs Wade was the test case because Roe was raped, so it was a question of can you abort a rape baby. Rosa Parks was a good case to focus on because it was a Black woman sitting in the Black section who didn't get up when the driver ordered her to. The white man who the bus driver was clearing the space in the Black section didn't even want her seat, though I have no idea if that's because he didn't want to displace a tired person already settled in for a long bus trip, or he objected to sitting in the Blacks section.

      Those that funded the attack on ACA, if they really were constitutional purists, should have picked a better test case, ACA is effectively a head tax levied by the state and paid to the feds (explicitly legal, and how much of the taxes went for many years). The only "new" thing was having people pay the insurance "tax" to the private company directly, or the federal government. Worded right, it's not a problem.

      But the feds ordering Apple to make something or get taxed is different, and would likely fail. And ACA isn't a precedent making that legal, but the legal hurdles for it may be harder now because the incompetent and trigger happy ACA haters have a similar case where an arguably similar thing was legal. Blame the ACA haters for bringing a poor suit and losing it. That's what set the precedent. ACA didn't set a precedent at all.

    11. Re: Not sure I understand this. by hackwrench · · Score: 1

      The tax in the ACA was put there by Congress. I should think that in order for the administration to start fining someone for something else a law would have to be passed. And even then, a new judgement that the new tax is also in the government's interest could be fought in court. (I know my phrasing's a bit off, but I hope my meaning's clear enough)

    12. Re: Not sure I understand this. by Anonymous Coward · · Score: 1

      um.
      http://www.cnbc.com/2015/10/28/just-how-much-cash-does-apple-have.html

      205 billion in cash on hand.
      I get, 56 years worth of that fine....

    13. Re:Not sure I understand this. by fustakrakich · · Score: 2

      How many more people would complain if this had happened ten years ago, under a 'different president, hmmm? There's no point in bringing up our rights. Most people are perfectly okay with it... If you don't believe me, just watch the TV on the 8th of November. It will be all laid out in living color. 98% will vote against Apple...

      --
      “He’s not deformed, he’s just drunk!”
    14. Re: Not sure I understand this. by Highdude702 · · Score: 1

      That's exactly what i was thinking, Also why does the story not mention how "Apple said, a backup of the information the government was seeking may have been accessible.". That's what i want to know. I know the government has no stand on making them create a back door and they are just trying to bully Apple into folding over so that they can use it against other company's and wot not to kill encryption. I would like to see that try to happen with the Open Source community, That would be great!

    15. Re:Not sure I understand this. by superwiz · · Score: 4, Insightful

      This isn't evidence. They are asking for a program to be written which currently doesn't exist. They are demanding that work be done by a company which does not want the job of doing that work.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    16. Re: Not sure I understand this. by Bing+Tsher+E · · Score: 1

      56 years of the Apple Shareholders saying: "Oh, yes. Pay today's fine again, just as you paid yesterday's. By all means."

    17. Re:Not sure I understand this. by Jack+Griffin · · Score: 1

      You mean like conscription? Like used in a war? Like we're in a "War on Terror" right now?
      I'm not saying it's right or wrong, but I can see that there is a case to be made.

    18. Re: Not sure I understand this. by ihtoit · · Score: 3, Insightful

      Mod parent up. If the FBI are so damn confident the 256-bit AES key can be bruteforced, they can damn well do it themselves.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    19. Re:Not sure I understand this. by ravenshrike · · Score: 2

      They can be force to PRODUCE evidence they have on hand. They cannot be forced to CREATE tools to assist the govt. in their investigation.

    20. Re: Not sure I understand this. by nbritton · · Score: 2, Interesting

      A 10 million dollar daily fine would only be about $25 per iPhone sold. I would pay an extra $25 to know my phone is uncrackable.

    21. Re: Not sure I understand this. by currently_awake · · Score: 1

      How is Obama's corporate welfare handout to Republicans (Obamacare) in any way connected to police over-reach?

    22. Re:Not sure I understand this. by Lakitu · · Score: 4, Insightful

      What kind of horseshit retard post is this?

      The refusal is not a PR stunt. Publishing an open letter may be, but it's not one that can possibly be used as any kind of justification arguing against their behavior -- it's not marketing for increased sales as much as it is an appeal for attention to an injustice which they might be compelled to accept with the full force of the US Federal Government. It's a PR stunt anyone reading this website should be grateful for, so that this injustice and the US government's despicable behavior can be properly viewed by American citizens.

      having been presented with a valid warrant

      They have very obviously been helping the FBI with their investigation. They have complied with all warrants, and have probably volunteered more information than they needed to. What they have not complied with is a judicial writ ordering them to compromise the integrity of their operating systems. Stop spreading FUD, retard.

      If they're hoping to appeal a 225 year old statute as unconstitutional with a 4-4 SCOTUS, umm... Good luck with that.

      The most unbelievable horseshit retarded thing in your post. There is not a "4-4 SCOTUS", there is a SCOTUS, and the overwhelming majority of cases they decide are unaninmous or near unaninmous. Why on earth you would think that the perceived political affiliations of the SCOTUS would overrule their jurisprudence and good sense, let alone why you think this would matter more because the statue is old, is unbelievably fucking retarded. What do either of those have to do with anything? Why would Apple shrug and just give up because an old man died?

      Seriously hoping I fell for a troll here, because your childish understanding of our legal and political system, and how you present it as having shaped your opinions on what to do, is un-fucking-believable.

    23. Re:Not sure I understand this. by currently_awake · · Score: 1

      Is the Government required to pay you for your time? Or is this slavery?

    24. Re:Not sure I understand this. by Aighearach · · Score: 4, Insightful

      Except that the All Writs Act doesn't grant the power to issue other rulings as warrants. It just allows judges to issue rulings generally that are otherwise legal, without requiring a new law to be passed to allow for each specific ruling a judge might have to make. This is normally used at the end of a civil case for a judge to order some sort of resolution, restitution, or punishment.

      It is not otherwise legal for search warrant to compel the creation of new speech, and make no mistake: software is legally speech. A search warrant is for the collection of existing evidence, not for the creation of new speech, or even the creation of new physical objects except where they are copies of information that is evidence.

      There is no reason to think that the All Writs Act would have to be thrown out for the courts to smack this over-reach down. And that is most obvious result, because US courts do not appreciate the government asking them to compel speech.

    25. Re: Not sure I understand this. by Aighearach · · Score: 1, Funny

      Sorry, he's speaking a regional American dialect. Allow me to translate it into Cosmopolitan English:

      Waaaaaaaaa the President is black and nobody stopped it from happening waaaaaaaaaaaaaaaaaaaa ... death of America... hippies ... Carter ... Pinko Apple Commies

    26. Re:Not sure I understand this. by Aighearach · · Score: 1

      Conscription has always been allowed by the Constitution specifically giving Congress the right to raise armies. That was the standard method of raising an army at that time. It also balances that power with a 2 year funding limit; the House of Representatives is elected every 2 years, so if the voters don't like how it is being done, they have a chance to elect different reps.

      So no, that does not provide any sort of precedent.

    27. Re:Not sure I understand this. by graphius · · Score: 4, Insightful

      This is what people do not get. This order is asking Apple to create a new operating system that can be loaded onto the phone as an update, but that has no security features so the FBI can look at the phone.
      Whether this is even possible is debatable, however it will be expensive, both in terms of resources needed and in terms of harm of Apple's name.
      I guess for some definition it is a PR stunt, because Apple does not want to destroy their image of having a good product.

    28. Re: Not sure I understand this. by graphius · · Score: 1

      Apple would pull out of the US.
      This order is ludicrous and has the potential to do a lot of business harm to Apple.
      Even the information the FBI might be able to get from this phone cannot be worth the financial and marketing damage it would do to Apple.

    29. Re:Not sure I understand this. by KGIII · · Score: 1

      That's because this is not a warrant. Warrants, as a legal concept, are given certain restrictions which are enumerated in the Amendments. Court orders, of which there are multiple, are also given protections as are enumerate both in the Amendments and by precedent. This is not a distinction without difference. That is very much an important difference if you want to present a legal argument (defense) for this.

      I am not a lawyer. I am certainly not your lawyer. This is not legal advice. Consult a qualified legal professional for details concerning the difference in your particular jurisdiction.

      --
      "So long and thanks for all the fish."
    30. Re: Not sure I understand this. by ihtoit · · Score: 2

      at 1,000,000 attempts a second, that would take 3.6818303e+63 years to break it.

      Good luck with that, FBI.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    31. Re:Not sure I understand this. by KGIII · · Score: 1

      Surely, you're not actually surprised by that? I hope you weren't expecting anything different. In my experience, those who scream the loudest are often those who understand the least. Obviously, that's not universal and subject to the Law of Diminishing Returns.

      --
      "So long and thanks for all the fish."
    32. Re:Not sure I understand this. by MrKaos · · Score: 1

      The issue is that these agencies want unlimited access without control because they want exclude themselves from due process of law. They consider themselves above the principles of democracy.

      --
      My ism, it's full of beliefs.
    33. Re: Not sure I understand this. by Bartles · · Score: 1

      If they can force you to consume something (which they now can for the first time ever) why can't they force you to produce something?

    34. Re: Not sure I understand this. by Bartles · · Score: 1

      They aren't being asked to produce evidence, they are being asked to create a method to produce evidence. Two different things.

    35. Re: Not sure I understand this. by Bartles · · Score: 1

      Bingo. If we can now be compelled to consume something, what prevents us from being compelled to produce something?

    36. Re: Not sure I understand this. by vidarlo · · Score: 1

      You are not understanding the issue.

      The key is protected by a code, that is 4-5 digits long. After ten tries, the iPhone destroys the key or enables a timer, meaning you have to wait before next try. What FBI is asking is that Apple make a custom iOS that does not ask you to wait, or destroy the key. And inputting all combinations of four digit codes is doable. If you use five seconds per code, plus a second for checking, that's 60000 seconds for all codes - or 30000 seconds for half (which, on average, will do the trick). That's a bit over 8 hours for half, or 17 hours for all. It's not gonna be a fun job, but it is totally doable. As long as they have a custom iOS that doesn't ask them to wait for an hour after multiple failed attempts, or simply destroys the key.

    37. Re: Not sure I understand this. by terjeber · · Score: 1

      Het, you forgot to put on your tinfoil hat. I know, 'cause I can read your thoughts, and I *really* don't want to.

    38. Re:Not sure I understand this. by Hognoxious · · Score: 1

      Why on earth you would think that the perceived political affiliations of the SCOTUS would overrule their jurisprudence and good sense

      Because he's been listening to the FUD about how the sky will fall in and there'll be compulsory gay marriage if Obama gets to choose who fills the vacancy?

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    39. Re: Not sure I understand this. by pedz · · Score: 1

      Unintended consequences of Obamacare.

      Unintended?

    40. Re: Not sure I understand this. by Dreadrik · · Score: 1

      If they had backdoors they would just reveal these to the FBI and be done with it. After all this is what the FBI was asking for.

    41. Re: Not sure I understand this. by wvmarle · · Score: 1

      After about a month the tax would add up to the full value of that phone, and continue to rise - at $10M a day. That's at least what a $10M daily tax supposedly does.

    42. Re: Not sure I understand this. by radiumsoup · · Score: 1

      wtf, did you even read the post that you're knee-jerking about? I never made an argument about the merits of the ACA, so how can it be "wrong"?

      In fact, your explanation of how you think the ACA works is an almost exact representation of my own example on how Apple can be forced to comply. You are in essence making the exact same observation I made, but are somehow blaming me for making an argument I never actually made.

      Let me water it down for you to make it simpler for you to understand:

      The federal government can levy a tax in one of two ways: First, via a bill passed by Congress and signed by the President, establishing a new tax by law. There is now SCOTUS-settled precedent that individuals can be compelled to act a certain way or they "lose their tax deduction". That's how the ACA works. You get taxed but then are given a reprieve if you take specific action, although it's quite a bit more complicated than that. Since this has now been confirmed by SCOTUS as a legitimate form of taxation, it's plausible to have such a law drafted to compel all radiotelephone manufacturers - including Apple - to comply, and it could happen especially if Congress were to pass a bill without actually reading the bill first (this, incidentally, also has precedence connected to the ACA). Second, by executive order unilaterally signed by the President enacting regulation enacting "fees" on any regulated activity. A phone is a radio, and radios are regulated by the FCC. A simple order requiring "any radiotelephone that utilizes encryption must contain a device or method capable of allowing the government to decrypt any information stored therein" could be enacted without the approval of Congress, with the tax/fee/penalty for noncompliance being anything the President wanted. That could happen tomorrow.

      The whole point of my post had nothing to do with the ACA (that was just used as an example of how easy it would be to get support from SCOTUS if it was ever challenged that high), but it had everything to do with how Apple can actually be forced to comply. Apple doesn't have to be explicitly named, either. Hooray for liberty.

    43. Re: Not sure I understand this. by belmolis · · Score: 2

      I guess I don't understand how security works on these devices. Is is it possible to replace the OS without knowing the device's password?

    44. Re:Not sure I understand this. by beanpoppa · · Score: 1

      Yes, but as with patent applications, adding "...on a computer." makes it completely unrelated to anything prior.

    45. Re: Not sure I understand this. by lgw · · Score: 1

      This phone (5c) is insecure. More recent phone may not be, but this one is.

      The FBI is asking for a trivial effort from Apple - an OS patch that amounts to changing one opcode. Any PC game hacker could do this in a day. The FBI could do this in a day, if they actually cared about what's on the phone, and maybe they already have.

      This is not a request for a backdoor. This is a step along the path to that, one the FBI has pretty good grounds for. I'm glad Apple is resisting, because I don't like where that path leads, but the FBI may have the legal right of it.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    46. Re: Not sure I understand this. by AK+Marc · · Score: 1

      And if it's revealed that Apple keeps secret backdoors to all their stuff, the corporations that are just now warming up to iPhones would stop spending money with Apple, after they provable hack their own phones, regardless of how trivial that is.

      I'm not saying they can or can't do it. I'm saying that regardless of whether they can, they'll do all they can to not do it.

    47. Re: Not sure I understand this. by meerling · · Score: 1

      Really boring an overused attempt at trolling to try and move the conversation to your favorite political whipping boy. Please try again. No wait, don't bother, just stay on the subject of the thread and take your flamebait trolling home. Thank you.

    48. Re:Not sure I understand this. by meerling · · Score: 1

      This is an issue regarding what is security software.
      If you have a reputable and competent team, you have no backdoors in any released product, EVER!
      Sure, you have to follow the letter of the law, but you also won't take one step outside of that to violate your security software either.
      First, it's something that if word got out, would seriously hurt your business.
      Second, it's not your job to do that.
      Third, why the F@$# would any company go out of it's way to do some three letter agency's development of spytools without getting paid for it?

      It's not going to happen judge, you might as well be telling them to build you an antigravity app for your robes, it's never going to happen no matter how much you scream and spew.

    49. Re:Not sure I understand this. by wispoftow · · Score: 1

      It reminds me of Posse Comitatus.

    50. Re:Not sure I understand this. by darkob · · Score: 1

      Perhaps it has something to do with the EULA, since software producers on ocasion claim that they own the software, and they don's sell it, but rather license it to use. Now, terms of the license probably do not cover "terrorist actions". So, if government has strong case (and several dead makes it rather compelling) they it may simply politely ask producer and the owner of the software to cooperate. Contrary to that software owner/producer may me seen as a collaborator. Of course, all that if owner can break in but refuses to do so. If it can't the story is much different.

    51. Re:Not sure I understand this. by marcansoft · · Score: 1

      The refusal is, to an extent, a PR stunt though. They have aided investigations (via modified firmware that can dump data) in the past. This case isn't significantly different from that, and what the FBI is asking for is, from a technical standpoint, reasonable (Apple already signs all iPhone firmwares to individual phones, so it doesn't even have a risk of compromising other users and doesn't even need a specific mechanism for that - the stuff about compromising security for everyone is FUD, because regardless of whether the FBI gets what it wants or not, the security is still fully at the mercy of Apple's bidding either way, not the FBI).

      The way I see it, this is what happened: Apple used to help investigators. Then they increased the security of their platform. Then the FBI realized that they could still break in with help just as before, because in current iPhone generations anti-bruteforcing restrictions can be bypassed by modified firmware. Then Apple panicked because they don't want to go back to assisting investigations, and they've been saying that their platform is secure (without admitting that it isn't if they sign insecure firmware post-facto - it isn't secure against an attacker that colludes with -or compromises- Apple). So now they're putting up a fight, while simultaneously trying to spin it as the FBI wanting to compromise security for everyone else (it doesn't, they already have a mechanism to lock it to a given phone, this is how they stop jailbreakers from downgrading).

      I don't agree with the FBI having the power to do compel Apple to do this, but so far, the only things that have changed are that Apple stopped agreeing to help, and that they claim their platform is more secure now - but it isn't, not against this particular attack. The FBI isn't asking for something radically different from what Apple used to provide, nor is it more dangerous than what Apple used to provide, it's just that Apple has done a 180 and started saying now, while wishy-washingly throwing in security implications that aren't real, trying to imply that they are being forced to weaken their security in general, which they aren't.

      I actually hope Apple loses in court, so they're forced to add true anti-rogue-signed-firmware security to future phones to keep up the fight (thus making it actually technically impossible to comply). Then its users will be safer as a result. If they'd designed the security so that it would not only protect against external attackers, but also Apple itself, then the FBI would be unable to get anything regardless of whether Apple helps or not.

    52. Re: Not sure I understand this. by stoatwblr · · Score: 1

      HOW is it possible to do this? If a device is locked then it should need to be unlocked before an OS update can be applied.

      This is a massive security backdoor all by itself, govt or no govt.

      If you can update the OS this way then you can also image the device to external storage and then beat on that. The first rule of data recovery is "NEVER EVER WORK DIRECTLY ON THE DEVICE IN QUESTION"

    53. Re:Not sure I understand this. by stoatwblr · · Score: 1

      "I actually hope Apple loses in court, so they're forced to add true anti-rogue-signed-firmware security to future phones to keep up the fight (thus making it actually technically impossible to comply). "

      If that happened, you can guarantee that Apple would be hauled before secret courts under homeland security laws and given secret orders that they'd have to comply with to backdoor for the govt.

      Right now this is all in the open. Apple appear to be trying to ensure it stays there instead of heading into the USA's "national security" blackhole of unconstitutional, unappealable court orders.

    54. Re: Not sure I understand this. by ihtoit · · Score: 1

      Apple know this, which is why they designed the encryption to ONLY unlock on provision of a valid passcode on the same device the data was encrypted on in the first place.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
    55. Re: Not sure I understand this. by stoatwblr · · Score: 1

      Or Apple simply moving its headquarters outside the USA.

      If they were to stop selling in the USA due to this mind of order the repercussions would be far harder on the government than on Apple - they sell far more outside the USA than in it and such a stand would probably result in more sales as people take notice of the reasons behind it. Most people in most places are sick of the constant intrusions into personal privacy that occur at corporate and governmental levels.

    56. Re:Not sure I understand this. by stoatwblr · · Score: 1

      Apple could say "yes, we can create it, but there's a cost and it will take some time" then name something in the 9-10 figure range and 5-10 years, taking into account how badly it would affect their commercial goodwill, etc.

      Courts cannot compel the creation of a tool "for free"

    57. Re:Not sure I understand this. by interstellarsurfer · · Score: 1

      Yes, Apple was also asked to submit a 'reasonable' bill for for their assistance to the court, which the judge can accept or modify at his discretion. It is undoubtedly forced labor - which equals slavery *but* you can get paid for it if you want, so that's supposed to make it ethical.

    58. Re:Not sure I understand this. by interstellarsurfer · · Score: 1

      It's very possible, Apple does it every time they offer an iOS upgrade/update. It probably wouldn't even be that expensive. The crux of the matter is, the Gov is asking Apple to *abuse* their privledged access to all iOS devices, to make a 'magic key' that will access this one device. Unfortunately, once the tool is made, it is government property, and can be used or misused as they see fit in future cases.

    59. Re:Not sure I understand this. by CauseBy · · Score: 1

      Yawn. "Complying with court orders is slavery." Weak effort, trite, not even believable from a nutter. I assign you zero trolling points.

    60. Re: Not sure I understand this. by AK+Marc · · Score: 1

      The practice of unknowable law being binding with ignorance of the law being no excuse is hundreds of years old. ACA didn't start that.

    61. Re: Not sure I understand this. by david_thornley · · Score: 1

      In which case, I'm going to be bankrupt in short order because I don't have anything to put a back door in. The ACA tax is a straightforward and universal thing: have adequate health insurance or pay a tax to partly compensate what you're going to cost the system. A tax on people who don't provide back doors to software would catch everyone who doesn't have software to back-door. A tax on people who do certain things is valid (I don't have to earn that money). A tax on people who are ordered to do something and don't is ludicrous.

      Now, suppose that the government tried to impose a tax on people who don't cooperate with law enforcement. You know what? They don't have to call it a tax. They can call it a fine or something, and the government already collects money by compulsion, perfectly legally, from people and companies that violate laws and/or court orders.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    62. Re:Not sure I understand this. by Lakitu · · Score: 1

      what the FBI is asking for is, from a technical standpoint, reasonable

      From a technical standpoint only, yes, and only then in very specific cases. Apple might be able to, without having to unlock the phone via passcode, install new firmware on the phone which has zero restrictions on number of attempts or penalties (such as auto-wipe) for incorrect attempts. Purely from a technical standpoint, that is something which appears to be factually correct. What is also factually correct is this capability is something which must be created -- Apple does not already possess a zero-penalty iphone firmware and would need to create it.

      How content are you with a corporation being legally required to create a new means of access to a previously inaccessible device? Here it might make sense to some people, seeing as it was a terrorist's phone which was actually owned by San Bernardino County, but what if it was someone whose guilt was not so apparent?

      What if another shooting happens next year, and Apple is legally obliged (via judicial writ) to create a new means of access for one of its newer iPhones,which does not have the same firmware "backdoor" already in place? Would Apple have to come up with some new means of access? Would Apple feel pressured to only have weak passcodes with weak firmware in place which could easily be subverted when the court ordered them to? Does this mean it would be illegal for them to manufacture phones with secure firmware and access restrictions which they would be unable to circumvent, no matter how much the court demands it?

      Lots of people think that should be the case, and a lot of others will say "well, this isn't that case, we'll get to that when we get there", but as far as I can tell Apple should absolutely be pushing back on this. If they don't push back, then they are either forced or coerced into cooperation. With no pushback, the government will simply continue taking whatever it can get. And what it can get has been unbelievably huge: you can find an almost infinite amount of video clips of Michael Hayden, former director of the NSA, telling any videocamera which will film him that "we need access to x,y,z, because without giving us access to x,y,z, you will cause another 9/11 to happen." Everybody has been buying it for 15 years and giving up everything they have, even when it is obviously untrue.

      I agree with much of what else you posted, but I don't understand this line of reasoning:

      so far, the only things that have changed are that Apple stopped agreeing to help,

      If you think Apple shouldn't be forced to do this, how can the above be any justification for it? It doesn't matter what Apple's stance on this is so much as that they are not forced to comply and have chosen not to comply. Their prior stance on it doesn't really matter except in the case where their prior stance was a legal obligation, and even then, it shouldn't matter: they have every right to appeal.

      There are a bunch of people out there flabbergasted by their refusal and open letter while simultaneously saying "we should have a conversation about this", but that's precisely what will happen because of the open letter and subsequent court hearings of the appeal. I'm REALLY glad Apple is standing up to this, even if it turns out to be wrong.

  2. The plot thickens... by Anonymous Coward · · Score: 5, Insightful

    This whole charade smells of the government abusing this one request to make precedent for future requests.

    1. Re:The plot thickens... by rahvin112 · · Score: 5, Interesting

      I thought that was obvious. But this little detail would present the government in a VERY bad light. To put this in perspective, that change in password would make anything found on the phone inadmissible in any trial as it indicates the chain of custody was broken.

      It will be interesting to see how the judge reacts to Apple's revelation that the only reason the government is locked out of the phone is because the government changed the password.

    2. Re:The plot thickens... by Anonymous Coward · · Score: 4, Informative

      I suppose this is a futile effort here on Slashdot, but maybe perhaps reading the FBI's court brief might answer/allay some of the "smell" of the charade (way to murder a metaphor, m8)

      https://assets.documentcloud.org/documents/2716011/Apple-iPhone-Access-MOTION-to-COMPEL.txt
      https://assets.documentcloud.org/documents/2716011/Apple-iPhone-Access-MOTION-to-COMPEL.pdf

      Moreover, contrary to Apple's recent public statement that the
      assistance ordered by the Court “could be used over and over again,
      on any number of devices” and that “[t]he government is asking Apple
      to hack our own users," the Order is tailored for and limited to this
      particular phone. And the Order will facilitate only the FBI's efforts to search the phone; it does not require Apple to conduct the search or access any content on the phone. Nor is compliance with
      the Order a threat to other users of Apple products. Apple may
      maintain custody of the software, destroy it after its purpose under
      the Order has been served, refuse to disseminate it outside of Apple,
      and make clear to the world that it does not apply to other devices
      or users without lawful court orders. As such, compliance with the
      Order presents no danger for any other phone and is not “the
      equivalent of a master key, capable of opening hundreds of millions
      of locks.

    3. Re:The plot thickens... by 93+Escort+Wagon · · Score: 5, Interesting

      This whole charade smells of the government abusing this one request to make precedent for future requests.

      I have to admit... I've been wondering if this whole charade is related to some sort of parallel reconstruction attempt; as in the NSA has figured out how to break AES 256 but doesn't want to publicize that fact.

      --
      #DeleteChrome
    4. Re: The plot thickens... by Anonymous Coward · · Score: 2, Insightful

      Did the FBI agree to let Apple keep custody of the phone while the custom OS is on it? If the FBI gets unsupervised access to the phone -- or even a complete image of its storage, which they probably want -- they would presumably get a copy of the custom OS beyond Apple's reach.

    5. Re:The plot thickens... by Anonymous Coward · · Score: 3, Informative

      I thought that was obvious. But this little detail would present the government in a VERY bad light. To put this in perspective, that change in password would make anything found on the phone inadmissible in any trial as it indicates the chain of custody was broken.

      It will be interesting to see how the judge reacts to Apple's revelation that the only reason the government is locked out of the phone is because the government changed the password.

      The health department might have changed the password as part of their security protocol when an employer-issued smartphone has been lost, stolen, or the employee no longer works for the organisation. Maybe the FBI changed the password. Apple should be able to retrieve the IP address from their log files unless they use SystemD.

    6. Re:The plot thickens... by niftymitch · · Score: 4, Insightful

      I suppose this is a futile effort here on Slashdot, but maybe perhaps reading the FBI's court brief might answer/allay some of the "smell" of the charade (way to murder a metaphor, m8)

      https://assets.documentcloud.org/documents/2716011/Apple-iPhone-Access-MOTION-to-COMPEL.txt
      https://assets.documentcloud.o...

      Moreover, contrary to Apple's recent public statement that the
      assistance ordered by the Court “could be used over and over again,
      on any number of devices” and that “[t]he government is asking Apple
      to hack our own users," the Order is tailored for and limited to this
      particular phone. .....

      Yesm It is important to note that this court and this writ does not ask for access to all phones
      with a magic key. However it does establish a service that other courts (domestic and
      international) can compel.

      i.e. having demonstrated your ability that this is possible ... we also demand the same service
      in pursuit of the issues before this (different?) court.
      i.e. having demonstrated your ability we demand you price and deliver such a service for
      our internal investigation into suspected illegal affairs by the estranged spouse of, the
      priest accused of, the child suspected of taking a selfie photo that qualifies as child
      pornography.
      Because this is a court order there is only complying.
      It is clear that this is the first phone.... many more cases will demand such a service.

      --
      Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
    7. Re: The plot thickens... by Anonymous Coward · · Score: 1

      I am having a hard time figuring out whether it is AES-256 CBC or AES-128 XTS. The whitepaper mentions that a 256 bit key is made and the older ones use CBC amd the newer ones use XTS. Since XTS splits the key, it is only AES-128.

      Anyway, there are like a ton of keys in an iphone- each file has its own, etc.

    8. Re:The plot thickens... by Anonymous Coward · · Score: 1

      He means HR for the health department, where the dingbat shooter worked. It was a company-issued phone.

      And Apple doesn't use SystemD. They use LaunchD. Duh.

    9. Re:The plot thickens... by dunkindave · · Score: 4, Informative

      To put this in perspective, that change in password would make anything found on the phone inadmissible in any trial as it indicates the chain of custody was broken.

      And you would fail the bar exam. The password change would allow the opposing side (presumably defense) to challenge the validity and source of whatever information was obtained, but it would still be admitted so that the court (judge and/or jury) can decide how much it should be trusted. Think about a person running from the cops who throws a bag during the chase, and after catching him, go back and find the bag. What they find in the bag is still admissible even though it was out of the suspect's and the police's custody for a period of time. Even if a passerby picked it up and took it, then the police later came and asked if he had it, and he gave it to them, it would still be admissible. The defense would try to argue it could have been tampered with, but would likely lose (barring some evidence of tampering or that the second person had a known grudge against the suspect).

    10. Re:The plot thickens... by Anonymous Coward · · Score: 3, Informative

      Neither of the bar exams I took had much in the way of evidence questions, and the few that existed tended to be criminal procedure-related (exclusionary rule and so on), not foundation and authenticity. Even if there were some questions about foundation and authenticity, there certainly weren't enough to cause you to fail the bar exam if you got them wrong. I'm also not convinced you're substantively right. Perhaps your particular jurisdiction allows you to enter prosecution exhibits into evidence without affirmatively establishing a prima facie case that the evidence has not been altered. Mine does not.

    11. Re:The plot thickens... by Anonymous Coward · · Score: 1

      The problem is it was taken as evidence and THEN tampered with. Oops.

    12. Re: The plot thickens... by guruevi · · Score: 2

      It would render the evidence inadmissible because a chain of custody implies that there was no tampering going on (sealed, signed and locked up) the minute the cops got their hands on it. If you can get a sworn statement from Apple that the Feds altered anything on the phone after the suspect was arrested then the argument would go that they could've planted anything and any lawyer worth their salt would get the evidence thrown out.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    13. Re: The plot thickens... by Bing+Tsher+E · · Score: 2

      The data on the phone likely won't be used to charge any individual. Bear in mind that the person who possessed the phone is already dead. The data on the phone is valuable for further investigation, not for an open case.

    14. Re:The plot thickens... by Jack+Griffin · · Score: 1

      i.e. having demonstrated your ability we demand you price and deliver such a service for our internal investigation into suspected illegal affairs

      Yeah that's not how a court works, but you'll never let facts get in the way of a good conspiracy...

    15. Re:The plot thickens... by Jack+Griffin · · Score: 1

      Well if you imagine it, then it's true! That's the only reality you need in tin foil hat land...

    16. Re: The plot thickens... by hawguy · · Score: 3, Informative

      Please just stop. You're coming off like a 7th grader trying to fake an understanding of neurosurgery after spending 5 minutes googling stuff.

      FDE encryption takes place beneath the file layer, at the block level (it's far more effective and secure than file level encryption could ever be.)
      XTS doesn't split anything. XTS is essentially an improved version CBC (which is to say block chaining) made necessary by modern large storage devices.

      I hope you didn't stumble across one of those anti XTS articles that are still floating around and take it at its word because it sounded technical. Those have been soundly and repeatedly refuted and trashed by those who actually know what they're talking about.

      A little googling, in the wrong hands, can be a dangerous thing. OTOH this is slashdot, so you're right at home.

      The parent poster didn't say anything about whether it's per-file or block level encryption.

      And he's right about XTS keys, to get 128 bit AES, you need a 256 bit XTS key:

      https://en.wikipedia.org/wiki/...

      XTS makes use of two different keys, usually generated by splitting the supplied block cipher's key in half, without adding any additional security, but complicating the process.[13] According to this source, the reason for this seems to be rooted in a misinterpretation of the original XEX-paper.[7] Because of the splitting, users wanting AES 256 and AES 128 encryption will need to choose key sizes of 512 bits and 256 bits respectively.

    17. Re:The plot thickens... by Anonymous Coward · · Score: 1

      It's perhaps darker than that. While the order doesn't compel a magic key, there would be no way to comply with it without giving away the magic in the key. To comply with the order, they would need to make a custom version of iOS doctored to allow automated methods of unlimited brute-force pin cracking and then cryptographically sign it with an internal apple key. In so doing, the customised software could be installed on any iPhone. No attempt to limit it to a specific device would offer any guarantee that such could not be worked around (for example, by modifying other devices to present this phones identifier, etc.) and so they would be letting the genie out of the bottle altogether, unless Apple could somehow retain custody and control over the device during the whole process and then destroy it without releasing it back to the government (who could quite easily extract the signed custom software from this phone).

      All the points you make are correct as well (and extending further to other nation-states), but this is actually as nefarious as originally presented, despite protestations to the contrary. Whether that is by design or merely a lack of understanding by the governments legal team is what remains questionable.

    18. Re:The plot thickens... by MouseTheLuckyDog · · Score: 2

      And Apple doesn't use SystemD. They use LaunchD. Duh.

      Of course not. If Apple had used systemD, then I am quite sure the government wouldn't need Apples help[ breaking in.

    19. Re:The plot thickens... by dbIII · · Score: 1

      Or if it was delivered broken with a built in flaw like the DVD encryption was (very unlikely since the DVD stuff was cracked easily, but maybe not impossible). The interference of the NSA with deployment of encryption products and the publication of of research papers in the past is a bit of a worry. The only thing that mitigates it is that after the Snowden revelations of how they work it appears that they couldn't find their own asses with a map and a sniffer dog. If there was some flaw and payoffs of everyone that found it it would have to be incredibly obscure or the NSA would not be able to cover it up.
      I've talked myself out of it, we'd probably have heard by now if there was a deliberate flaw or if they had cracked it. Egos in the NSA would not have remained silent - if you have more ambition than loyalty what's the point of keeping a secret when revealing it to someone up the tree, in politics or the private sector can get you a promotion or a well paid sinecure?

    20. Re:The plot thickens... by Khyber · · Score: 1

      "Yeah that's not how a court works"

      Historically speaking, you are 100% wrong. That's how GOVERNMENT, of which the court is an implicit part of, works, and has always worked since written history. Eventually, they are captured by the greedy, and then usurped to serve greedy needs.

      --
      Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
    21. Re:The plot thickens... by rahvin112 · · Score: 1

      The only one that would fail the bar exam would be you. A violation of chain of custody means the data on the phone has been altered and can no longer be trusted to be genuine. All the defense lawyer would need is a letter from Apple saying the phone was altered (the password changed) while it was in the police's possession and now everything on the phone would be suspect.

      This is precisely the reason when the police seize computer data assets that they do not do any work on the existing seized assets, they make copies and run their analysis on the copies because the minute there is a change in the data the defense has a violation of chain of custody and grounds to have any evidence immediately dismissed because it was potentially altered and can no longer be certified as created by the accused.

      Would you trust blood evidence if the police claim it's the sample collected but the label doesn't match or has been altered from the one applied at the crime scene? Chain of custody is a big deal, it's the first thing any lawyer (including those right out of law school) would pounce on if it's been violated.

    22. Re: The plot thickens... by rahvin112 · · Score: 2

      All data on the phone is suspect because it's been altered. From an intelligence perspective (as in CIA) something you found on the phone is corroborated by other sources it might be of value but it as a sole source couldn't be trusted and anything it revealed would need to be corroborated by at least 2 independent sources (it could have been tampered with to make an otherwise single source of data appear more valid).

      But this is the FBI doing the investigation and the only reason they want to look at the "encrypted" data is so they can verify if there were other actors in need of prosecution and the phone would be used as evidence for warrants and potentially in the prosecution. The FBI is not an intelligence agency, they are a law enforcement agency. The point of bringing up the chain of custody issue is at this point the data is of little value in any future investigation or analysis because the chain of custody has been violated and any data retrieved from the phone is potentially false at this point you couldn't even use it as a basis for a future search warrant because of the chain of custody issue. As a result even if the FBI could retrieve data it can't use any in any investigation, warrant or prosecution. So why do they need it so bad that they are demanding apple create software?

    23. Re:The plot thickens... by Aighearach · · Score: 3, Informative

      To put this in perspective, that change in password would make anything found on the phone inadmissible in any trial as it indicates the chain of custody was broken.

      No, it was the iCloud password that was changed, not the password for the phone. Had that not been changed, the Apple engineers who were assisting the FBI would likely have been able to get the phone to sync to iCloud, which may or may not have provided evidence, depending on the phone settings.

      Details matter, even when talking about evidence custody chains. ;)

      Also, real world evidence handling is not as strict as represented by the CSI shows, and in this case whatever mishandling was done was not done by the prosecutors. When the prosecutors mishandle evidence, it gets thrown out as a punishment to the prosecutors and a brake on abuse. That is what the "fruit of the poison tree" is all about; punishing prosecutors for ignoring processes and procedures that were put in place to prevent legal abuses that were common in the pre-Constitution period. It is not done out of a broad belief that any evidence that went out of sight after a crime is inadmissible. That would be silly; a murder weapon might change hands numerous times on the black market before being recovered by law enforcement. It is still evidence. In this case some moron from IT at the County level did something bad, not the prosecutors. The person doesn't even work in law enforcement, they work in the health department. The Court isn't going to punish the prosecutors for the mistake of the health worker, so instead the Court would look at if the evidence has a real flaw; is there a reasonable accusation that it was altered, either by the health worker or by Apple? The Court would not worry about a chain of evidence here; that would cover the handling of the evidence after it was collected by law enforcement or prosecutors. This would be before that, so they would look at the material details of any accusation of tampering.

      Also, the user of the phone is dead, and so not a suspect. This would be used against other speculative suspects, and so those people wouldn't be able to ask the court to throw it out based on prosecutorial misconduct that happened before they were a suspect. There wouldn't be anybody with standing to make that complaint. They could only challenge it by a material claim that there was a real problem, not just that the procedure hadn't been followed, unless the failure to follow procedure happened later in the process. This is similar to the situation where the police do a warrantless search of your friend, find evidence against you, but your "friend" refuses to challenge the search. Oops, too bad, you can't challenge it for him, and the evidence will be admitted. That happens a lot in drug cases, actually.

    24. Re:The plot thickens... by Aighearach · · Score: 1

      That is silly, if you even understand what parallel construction is.

      The terrorists are dead. It is not useful here.

      That it is an attempt at a precedent is obvious. But it clearly has nothing to do with parallel construction.

      If you don't know what it is, how do you know to worry about it? Did somebody say the word while wringing their hands, or something?

    25. Re:The plot thickens... by Maxo-Texas · · Score: 2, Interesting

      They are right. It's very typical behavior by the u.s. government and really all governments.

      The only think Apple could do would be to comply- then make it impossible for them to comply in the future with hardware and software changes.

      Then when the government compelled them to comply they could say, it's not possible to comply from the ground up on this new phone.

      Otherwise use of the new ability will be used generally in mass murders, then any murders, then child porn and sex trafficing, then in tax fraud cases, then as a general case for any crime including misdemeanors and apple will banned from talking about the tool.

      it's the pattern the government has used for other tools.

      Look- if the NSA hadn't abused the hell out of this, and if the police hadn't abused the hell out of property seizures, and if the police and FBI hadn't secretly abused the hell out of stingray, and if the police, nsa, and fbi all hadn't been caught lying over and over... we might trust them (the FBI used to be a lot more trustworthy unless you were a commie- in which case they were completely untrustworthy and would even make shit up to destroy your life). Okay, so really they were never trustworthy really.

      They'll use this ability and then they'll abuse this ability... massively and secretly.

      EVERY SINGLE TIME there is as terrorist incident security agencies all clamor for backdoors to encryption and in almost every case so far it turns out the back door wasn't needed. Heck, the paris attack master piece was on the cover of an english language arabic magazine months saying he was planning a terrorist attack against paris months before and no intelligence agency caught it. And yet they immediately said encryption was a problem.. and then the terrorists turned out to be using open text unencrypted SMS messages.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    26. Re:The plot thickens... by KGIII · · Score: 1

      I am not a lawyer but will add that I believe the above would be argued in something known as an "evidentiary hearing." At an evidentiary hearing one argues the validity of the evidence and its admissibility is judged based on what a reasonable person would conclude based on precedent and applicable regulations. There are strict circumstances that apply as to what is and isn't allowed to be included as evidence. What is allowed as evidence is judged based on its weight but a reasonable doubt would be that the person picking up the example bag might have tampered with the evidence - breaking the chain of custody.

      If it is not life-threatening and the situation warrants, the protocol is for the next officer to stop and observe the dropped bag from the example. 'Reasonable person' is an actual legal concept and if a reasonable person would doubt the validity of the evidence (or if it violates another law or its acquisition does) then it doesn't get admitted as evidence.

      I am not a lawyer. I am not your lawyer. This is not legal advice. Consult a qualified legal professional for the regulations concerning the 'rules of evidence' in your particular jurisdiction. I do believe there's a Wikipedia article on this matter but I make no claims about the validity of said article as I've not actually read it.

      --
      "So long and thanks for all the fish."
    27. Re: The plot thickens... by KGIII · · Score: 3, Interesting

      I am not a legal scholar but I am a curios onlooker. I've not yet read all the documentation concerning this case and not all of it has come to light.

      However, I have a question. Who, specifically, has been charged with an offense at this time? If the answer is nobody, and if there is no specific defending party - at this time, then by what authority does the court issue this writ?

      I do not know. If they're doing a post-mortem trial, what authority does that have in the US? Have they actually followed the process to have a posthumous trial? If not, and depending on the limits imposed, that might actually be a valid argument to present for a ruling. Has anyone published Apple's legal response and see what they're actually challenging and what arguments they are going to make?

      I am not entirely familiar with it, nor a lawyer. I do have a bit of an understanding of law and procedure. I should think that they'd be exploring that argument as well but I do not believe I've heard that mentioned specifically.

      --
      "So long and thanks for all the fish."
    28. Re:The plot thickens... by KGIII · · Score: 1

      That's actually partially your fault. That's a royal you. It is not just you personally.

      The lady who wrote To Kill a Mockingbird died yesterday. If you read the book, you might remember a scene from within that book. In that scene (and in the movie), that the courtroom was full of people. Folks of all types showed up. They went, for better or worse, to see that what they believed was justice was served. Why is that important?

      There's a part of the social contract that is watching the government to ensure that it has your best interest at heart and to ensure that they're meting out justice. When was the last time you spent a day of your vacation down at the local district court for observation? Courtrooms are open to the public, as the general rule.

      As a civilian you are even granted access to a law library, at no cost, somewhere in your State or county. You'll be able to get access if you want to look something up or learn something. It may be provisioned by a local university, a State library, or even a damp basement office in the back of your local district court or even in the old Superior Court located across town - but it's there. Every county in the United States has at least a district court.

      It is an unfortunate, but natural, side-effect that a body that is given little oversight will try to increase its power. This will happen so long as we make no effort to observe the courts and then speak out against their transgressions. One might even conjecture that the observation of the courts and the freedom of speech are the two most accessible ways for an individual to impart change.

      We have, for too long, relied on the media to give us our coverage instead of taking the time to observe in person and speak out accordingly. Intended or not, unfortunate or not, improper or not, this is the natural progression when power is not held in check. It does require a modicum of solidarity and self-sacrifice. It does mean accepting accountability as an individual and as a collective. Relying on the ACLU or EFF to make observations and speak on our behalf is not adequate.

      Alternatively, we can keep on doing what we have been doing.

      --
      "So long and thanks for all the fish."
    29. Re: The plot thickens... by KGIII · · Score: 1

      That sounds more exact so it's probably correct and I'll defer to you. I could only be completely sure that it's kind of strict and they've got a hearing - I've heard most of the terminology and am kind of familiar with most of the concepts, enough to know they'd toss that discarded bag from evidence in a heartbeat if it had been picked up and handled by someone else or there was any reason to believe it *might* have been handled by anyone else. They're kind of anal about that. There's also the fruit of a poisoned tree that is along those lines. It's kind of an essential concept, if you ask me.

      While I'm at it, it's often the differences between a civil and a criminal offense and procedure. There are different burdens of proof as well as differences in protections. There are differences in applicable penalties. I'm sure you know this but I find those are the things I most notice being given odd beliefs. There's also the belief that it's "belief beyond all doubt." I'm not actually sure why people would believe that's the case but, I see it often. I can only imagine you spend a lot of time shaking your head.

      Thank you for the correction/addition/clarification. Duly noted and hopefully archived in my head. I stress again, I am not a lawyer. I know enough law to know that all lawyers are insane and it is not their fault. The whole system is insanity, all the way down to contract law. If you weren't sane when you started, you will be by the time you're done.

      --
      "So long and thanks for all the fish."
    30. Re:The plot thickens... by Jack+Griffin · · Score: 1

      Yeah, yeah whatever. Conspiracy this, conspiracy that, your words mean nothing...

    31. Re:The plot thickens... by Jack+Griffin · · Score: 1

      They are right. It's very typical behavior by the u.s. government and really all governments.

      Citation? If it's "typical", you'll be able to provide plenty of previous examples?
      I won't hold my breath...

    32. Re:The plot thickens... by Maxo-Texas · · Score: 1

      Are you really that clueless or do you live under a rug?

      This was in the news repeatedly over the last two years AND on the john oliver show.

      I'm not going to waste my time citing something that should be that widely known- educate your self.

      Google stingray-- read how it was abused, how often, and by how many departments.

      Google civil forfeiture-- read how it was abused, how often, and by how many departments.

      Google FBI,abuse,communist- for bonus points, FBI, martin luther king.

      It's typical. You can't be that clueless.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    33. Re:The plot thickens... by WankerWeasel · · Score: 1

      Having worked in computer forensics for 10 years and worked with countless government agencies, I can tell you the second that this ability exists, they will be flooded with requests to unlock countless other devices. Even civil cases will begin demanding access via court order. To believe this is a one time thing is foolish and simply untrue.

    34. Re: The plot thickens... by guruevi · · Score: 1

      In the US, you can sue the estate (basically the inheritance) of dead people even as the result of criminal actions. The estate can be for example 'bankrupt' and you could inherit debts and associated lawsuits from your parents, let's say you accepted the inheritance of a house but you didn't know about the double mortgage taken out on it. Or if your parents/children murdered someone, then died, the estate could still be liable for any damages.

      A posthumous trial could be pursued by either the estate or the state/feds to eg. convict or exonerate certain people and recoup the resulting fines/damages (in whatever direction that may go).

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    35. Re:The plot thickens... by Da_Big_G · · Score: 1

      The FBI or some agent of the DoD will issue a national security letter, take the software before it is destroyed, and force Apple to stay mum on the topic. It doesn't matter what the judge's order says.

    36. Re:The plot thickens... by gnasher719 · · Score: 1

      I thought that was obvious. But this little detail would present the government in a VERY bad light. To put this in perspective, that change in password would make anything found on the phone inadmissible in any trial as it indicates the chain of custody was broken.

      Not at all. iCloud can hold backups for several devices. As a user, you can delete backups. You can backup devices. But I don't think you can in any way modify any of these backups. The password change doesn't affect this at all. If iCloud says "this is a backup of iPhone serial number xxxx taken at date", then that's what it is. Obviously you would get some Apple engineer to testify that this is the case.

    37. Re:The plot thickens... by lgw · · Score: 1

      To put this in perspective, that change in password would make anything found on the phone inadmissible in any trial as it indicates the chain of custody was broken.

      There is no trial here - the guy is dead. There is no 4th amendment case here - the have a warrant. None of that is relevant.

      This is about the FBI forcing Apple to take one small step towards a backdoor. A trivial step that Apple will have a hard time justifying refusing. The FBI likely doesn't care about the contents of the phone, or has already broken it - this is about strategic goals, not the case at hand.

      --
      Socialism: a lie told by totalitarians and believed by fools.
    38. Re: The plot thickens... by KGIII · · Score: 1

      Correct. So, where are they in the procedure and what applicable protections are there? If there have been no charges then by what authority is this writ given?

      I know just enough law to not be too confused - I actually have done my own legal work and represented myself more than once. I hire legal council. I use them as council. I do not use them as legal representation. I have a pretty good track record but that's because I hired council *and* listen to council.

      One of the things I know about is a subject called procedural law. I know that this is very important. There are very few places a judge deals well with semantics arguments. Normally, a judge doesn't take kindly to a clever but stupid argument. However, when it comes to procedure, there's some creativity.

      So, where in the stage are they? Who, specifically, has been charged? If nobody has been charged, and I think that might be the case, this order may not actually have any bearing. In that case, they simply need to arraign the dead on charges associated with this incident. Otherwise, what authority does the judge have to order this act for discovery?

      --
      "So long and thanks for all the fish."
    39. Re: The plot thickens... by KGIII · · Score: 1

      That's fine but, again, the question remains - has that person been charged? If not then, following procedural law, by what authority is this writ handed down? Who has been charged?

      Perhaps you didn't notice the "if they're doing" part of it. I'll give you the benefit of doubt. However, that's still not actually an answer.

      --
      "So long and thanks for all the fish."
    40. Re:The plot thickens... by Jack+Griffin · · Score: 1

      Are you really that clueless or do you live under a rug?

      I asked for a citation. If it's easier for your to insult anyone who questions you than actually provide a reference then it's usually a strong sign that you're full of shit.

      This was in the news repeatedly over the last two years AND on the john oliver show.

      I don't recall any cases of a specific court order that requested a specific action, which then got used out of the original scope of the request after actually specifying in writing to the court that it is only being applied for in this one case.

      I'm not going to waste my time citing something that should be that widely known- educate your self.

      Google stingray-- read how it was abused, how often, and by how many departments.

      Maybe it's widely known, or maybe it's widely misunderstood? the easiest way to check would be some references.
      I know about Stingray but failing to see any connection here. Maybe you could clarify since you claim to know all about it?

      Google civil forfeiture-- read how it was abused, how often, and by how many departments.

      I know about Civil Forfeiture but failing to see any connection here. Maybe you could clarify since you claim to know all about it?

      Google FBI,abuse,communist- for bonus points, FBI, martin luther king.

      It's typical. You can't be that clueless.

      No, but you are clearly grasping at straws now. Why don't you throw in fake moon landings too?
      None of those things have any relevance to the specific court order applied for here: https://assets.documentcloud.o...
      Did you actually read that, or is the extent of your analysis, govt is bad mmkay?

    41. Re: The plot thickens... by guruevi · · Score: 1

      I haven't read anything besides the news on this one but I think they're either in discovery or pursuit. And typically in these cases, the feds get what they ask for, the judge is just there to rubber-stamp the orders which are written by the feds as long as they can indicate they'll have someone appear in court at some point (dead or alive). So this is really similar to getting a search warrant, except they've gotten the search warrant, can't open the freaking door and now are asking the maker of the door (not the locksmith) to change all their customers' doors.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    42. Re: The plot thickens... by KGIII · · Score: 1

      It does have some similarities with warrants but it is not the same as a warrant and thus the protections, rights, and details are probably more concerned with things other than the 4th. I wonder if there's some tangential merit to consider an approach with the 5th, for example. What's important to figure out is - what authority does the court have when there is nobody currently charged? This might seem insignificant but it actually matters and can give Apple more time - as well as give the government a way out with saving face.

      They can simply say that there's no authority for the court to issue this writ, as nobody is being charged. Apple can't be compelled to testify against themselves and, as there's no specific named party being, they can not be compelled to submit to this writ. What's the proper procedure? I imagine, and I'm not sure, the government could just charge someone (even a dead someone) and then request that the judge issue this writ. The judge may then opt to not issue the order and the matter is settled - or at least only subject to appeal if the matter is heard.

      The usual protections afforded by the 4th may not apply here but the 5th might. There is nobody charged - this could give Apple more time to prepare a defense. This could also give the government an easy way out without having to resolve the matter.

      --
      "So long and thanks for all the fish."
    43. Re: The plot thickens... by stoatwblr · · Score: 1

      " There's also the fruit of a poisoned tree that is along those lines."

      The USA is one of the few countries with that rule.

      The UK and most other common law countries will not exclude evidence obtained from illegal searches.

    44. Re: The plot thickens... by KGIII · · Score: 1

      Good point and a damned fine protection we have with it too. Though, sadly, the ideal it was formed under has faded away. We used to think that it was better for ten men to go free than for an innocent man to spend but one day in jail.

      --
      "So long and thanks for all the fish."
  3. Well, THAT'S interesting. by He+Who+Has+No+Name · · Score: 4, Interesting

    They have somebody on the inside to mess with it? Chain of custody for evidence in major federal incidents is usually watertight specifically to avoid this kind of thing.

    1. Re:Well, THAT'S interesting. by Anonymous Coward · · Score: 1

      It was before it reached the FBI it was at the San Bernardino Health Center.
      Also I don't think the FBI wants to use this evidence in court most likely they wanna see if there are any other connections/contacts/plans that he intended to do.

    2. Re:Well, THAT'S interesting. by Dunbal · · Score: 1

      I doubt it will be used in court considering the owner of the phone is dead.

      --
      Seven puppies were harmed during the making of this post.
    3. Re:Well, THAT'S interesting. by RubberDogBone · · Score: 2

      I doubt it will be used in court considering the owner of the phone is dead.

      The OWNER of the phone was the place where he worked. It was "company issued" not his own device.

      The owner of the device has given consent to search the device. But they don't have the PIN. The dead man had that.

      --
      Sig for hire.
    4. Re:Well, THAT'S interesting. by Anonymous Coward · · Score: 3, Informative

      The owner of the phone was the County of San Bernardino and it was them that changed the iCloud password as part of their IT security procedures. All of Farook's work accounts were secured by password resets.

    5. Re:Well, THAT'S interesting. by Black+Parrot · · Score: 1

      The link doesn't say *who* changed the password. Maybe it was the people that have the phone, or the NSA or the Russian Mafia, one of the killer's buddies. We need to wait for more information, assuming there is any.

      FWIW, an A/C posted below that it was from a military IP address, but I'm holding out for a more reliable source.

      I'm also curious to know how Apple can tell that a phone's password has been changed.

      --
      Sheesh, evil *and* a jerk. -- Jade
    6. Re:Well, THAT'S interesting. by Etcetera · · Score: 1

      Irrelevant, call records are already available from the wireless carrier on demand with a valid warrant.

      Call records, yes. Unfortunately, in our app-centric world, call records only help to a limited extent if the users are savvy, which it seems like these were.

    7. Re:Well, THAT'S interesting. by __aaclcg7560 · · Score: 1

      I'm also curious to know how Apple can tell that a phone's password has been changed.

      A password change on the iPhone would change the password for the linked iCloud account and get recorded as a log entry on Apple servers.

    8. Re:Well, THAT'S interesting. by PopeRatzo · · Score: 1

      The link doesn't say *who* changed the password. Maybe it was the people that have the phone, or the NSA or the Russian Mafia, one of the killer's buddies. We need to wait for more information, assuming there is any.

      It was changed by aliens on the grassy knoll.

      FWIW, an A/C posted below that it was from a military IP address, but I'm holding out for a more reliable source.

      Wait, are you trying to say that an anonymous Slashdot commenter might not be a reliable source? You must have gone to college. Maybe I shouldn't have listened to that AC who said that drinking a bottle of Milk of Magnesia would make my dick bigger.

      --
      You are welcome on my lawn.
    9. Re:Well, THAT'S interesting. by Black+Parrot · · Score: 1

      ABC is reporting that "the owner reset the password" on the iCloud account, apparently referring to the San Bernadino authorities as "the owner".

      This purportedly prevents backing it up to the iCloud, though I don't understand the relevance of that. If someone can get in, won't they be able to see whatever they want?

      Moreover, I thought the issue was that Apple was being asked to update the firmware so that the authorities could make endless attempts to guess the password without locking it up, which again leaves me wondering about the relevance of not being able to back it up to the cloud.

      Is Apple just blowing smoke? Or am I just too ignorant of the technical issues?

      --
      Sheesh, evil *and* a jerk. -- Jade
    10. Re:Well, THAT'S interesting. by CanadianMacFan · · Score: 1

      The PIN to unlock the phone and the password for the iCloud account are two different things.

    11. Re:Well, THAT'S interesting. by Anonymous Coward · · Score: 1

      Amazing how many people here on /. didn't have a clue about this, but went on and on about them being the same.
      I guess we're all Android users here.

    12. Re:Well, THAT'S interesting. by Jeremi · · Score: 5, Informative

      which again leaves me wondering about the relevance of not being able to back it up to the cloud.

      The idea was that they could bring the iPhone back into range of a WiFi network it already knows (e.g. the WiFi network at the terrorists' condo) and within a day or two it would do another automatic cloud backup.

      Once that completed, Apple (and therefore the government) would have access to that backup, and therefore could try to break the backup's encryption via brute force without triggering the 10-attempt-failure auto-erase that is present on the phone.

      However, since the password was changed, it seems that now the phone will be unable to initiate a backup without someone logging in to the phone first.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    13. Re: Well, THAT'S interesting. by guruevi · · Score: 1

      Perhaps the password is used to encrypt the backup, on OS X at least there is a Keychain which when you change your password renders the keychain inoperable until you enter the old password. The keychain does contain the public/private keys for things like iCloud access (which amongst other things uses IPSec). When you change the password remotely, the old keys may be wiped and the new ones will not sync up to Apple until the user logs in again with the new password.

      --
      Custom electronics and digital signage for your business: www.evcircuits.com
    14. Re:Well, THAT'S interesting. by Lakitu · · Score: 1

      This purportedly prevents backing it up to the iCloud, though I don't understand the relevance of that. If someone can get in, won't they be able to see whatever they want?

      The argument is that, if the phone had been untouched, it might have backed up to iCloud automatically, and nobody would need access to the phone itself. Apple can grant whoever they want access to his Apple accounts simply by changing the password, but the phone's PIN to unlock is either more difficult or impossible to retrieve.

    15. Re:Well, THAT'S interesting. by chill · · Score: 1

      It was changed by aliens on the grassy knoll.

      Are you trying to tell me Elvis was an alien? It is all starting to make sense!

      God help that San Bernadino tech if he hit the "remote wipe" button when changing the password. :-)

      --
      Learning HOW to think is more important than learning WHAT to think.
    16. Re:Well, THAT'S interesting. by peragrin · · Score: 1

      However the dead man, or the company probably has the backup. at least in iOS 7 and 8 the pin could easily be retrieved from the backup.

      Now in iOS 9 they might have fixed that. I don't know.

      The real solution is to change your pin frequently and never backup.

      --
      i thought once I was found, but it was only a dream.
    17. Re:Well, THAT'S interesting. by 14erCleaner · · Score: 1

      The password was reset by his employer, San Bernadino County, and wasn't the password "on the phone" but on his Apple ID account (which was linked to the phone).

      --
      Have you read my blog lately?
    18. Re:Well, THAT'S interesting. by gnasher719 · · Score: 1

      Once that completed, Apple (and therefore the government) would have access to that backup, and therefore could try to break the backup's encryption via brute force without triggering the 10-attempt-failure auto-erase that is present on the phone.

      Apple encrypts iCloud backups and can decrypt them. No brute forcing needed. Apple actually delivered iCloud backups to the FBI. The problem is that they are _old_ backups. The FBI reasonably wants the newest backups.

    19. Re:Well, THAT'S interesting. by bugs2squash · · Score: 1

      So can they change it back to the original ?

      --
      Nullius in verba
    20. Re:Well, THAT'S interesting. by UnknowingFool · · Score: 1

      Er what? The whole point of the story is the phone is still locked. No one can check anything on the phone. The Apple ID which is the account the phone is tied to had the password changed.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    21. Re:Well, THAT'S interesting. by Lord_Jeremy · · Score: 1

      Regardless of IT procedures, it's highly unlikely the County changed his iCloud password. There is no such thing as a "work-owned" iCloud account. The only way anyone other than the account owner could change their iCloud password is by answering security questions.

    22. Re:Well, THAT'S interesting. by Lord_Jeremy · · Score: 1

      Are you sure about that? There is no such thing as a "work-owned' iCloud account. This isn't like Google Apps where IT can remotely administer your work account. The password reset would've had to have been done either by answering security/personal info questions or social engineering an Apple support person.

    23. Re: Well, THAT'S interesting. by jazzis · · Score: 1

      Yes you are; missing the conversation by the conversation up to this point. Please re read and attempt to let someone explain this issue to you to you.

  4. Was this guy really a terrorist? by rsilvergun · · Score: 4, Interesting

    or just a asshat nutcase? He targeted a place he worked. Back in my day we just called this "Going Postal" and acknowledged that whatever flimsy excuse the shooter used was largely irrelevant. I don't know, but I do hate seeing crap like this scaring the hell out of Americans and making them willing to chunk freedom and demands for better living/working conditions out the door if only someone will please protect us from these terrorists...

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:Was this guy really a terrorist? by He+Who+Has+No+Name · · Score: 5, Informative

      There were two shooters, and they had documented terrorism involvement prior to this, once the investigation traced back far enough.

      Most people don't bring their wives with them to help with "random and impulsive" workplace shootings, or set up a bomb factory in their garage weeks / months ahead of time.

    2. Re:Was this guy really a terrorist? by Falos · · Score: 1

      I think s/he's more concerned about the word being flung around until it loses all meaning.

      I can see how that'd lead to misunderstanding - most of us know it already has.

    3. Re:Was this guy really a terrorist? by Black+Parrot · · Score: 1

      From what the public has been told, it sounds like they were planning a terrorist attack and executed it ahead of schedule at the "postal" target after an argument at the Christmas party.

      --
      Sheesh, evil *and* a jerk. -- Jade
    4. Re:Was this guy really a terrorist? by Areyoukiddingme · · Score: 5, Insightful

      Was this guy really a terrorist? or just a asshat nutcase?

      All terrorists are just asshat nutcases. They are only criminals with guns and bombs and slightly weirder motivations than most other criminals with guns and bombs.

      There is no such thing as a terrorist, as a legal distinction. There are military combatants and there are civilians. If a civilian plants a bomb, he's still a civilian. He's just a criminal civilian. If a civilian shoots a bunch of people with an automatic weapon, he's still a civilian. He's just a criminal civilian. If a civilian gets together with a bunch of his buddies and plants bombs and shoots a bunch of people with automatic weapons, he's still just a civilian.

      We even have a name for that. We call them mobsters.

      Attempting to create terrorism as a legal distinction is stupid twice. Once because you're playing in to their narrative, giving them far more credence than they deserve, and twice because it's being used to foment fear and trample rights here at home. One is cowardly, the other treasonous.

      Taliban, Al Queda, blah blah, these are just mobs. Organized crime. Treat them as such.

    5. Re:Was this guy really a terrorist? by Cl1mh4224rd · · Score: 2

      ...they had documented terrorism involvement prior to this...

      I've heard it claimed that they openly expressed support for ISIS, but I also know that was refuted by the FBI. I haven't followed this closely, but I've not heard of any other claims directly linking them to a particular terrorist group or terrorist activity, and I can't find any such claims that haven't already been refuted.

      Do you have a source for the above claim?

      --
      People will pass up steak once a week, for crap every day.
    6. Re:Was this guy really a terrorist? by cdsparrow · · Score: 1

      Well said, wish I had mod points today...

    7. Re:Was this guy really a terrorist? by Anonymous Coward · · Score: 1

      I'm no fan of the Taliban, but calling them a "mob" or "organized crime" ignores the fact that for several years they were the de facto government of 90% of Afghanistan, and recognized as the de jure government of Afghanistan by Pakistan, Saudi Arabia, and UAE. For years, it's been an open secret that they have been backed by Pakistani intelligence, how many "mobs"/"organized crime" are funded by a neighbouring country's intelligence agency? How many "mobs"/"organized crime" get to act as the de facto government of a country, controlling 90% of its territory, and legally recognized by 3 (friendly) foreign governments? And more recently the US government has been trying to negotiate a peace treaty with them – when has the US government ever tried to negotiate a peace treaty with a "mob" or "organized crime"?

      Likewise, Al Qaeda, through their Syrian subsidiary Al Nusra, is an active fighting force in the Syrian civil war and controls some Syrian territory as a result. Actively fighting in an internationalised civil war (in which global powers such as Russia and the US are actively inserting themselves) is something beyond "mob"/"organized crime" territory.

    8. Re:Was this guy really a terrorist? by phantomfive · · Score: 1

      Your link doesn't say what you said. The link says they didn't express support for Jihadists on public facebook. It seems they did it in private messages (which is probably reasonable).

      --
      "First they came for the slanderers and i said nothing."
    9. Re:Was this guy really a terrorist? by Kjella · · Score: 1

      Taliban, Al Queda, blah blah, these are just mobs. Organized crime. Treat them as such.

      They have roughly as much in common as the Confederation and Al Capone.

      --
      Live today, because you never know what tomorrow brings
    10. Re:Was this guy really a terrorist? by Jack+Griffin · · Score: 1

      Taliban, Al Queda, blah blah, these are just mobs. Organized crime. Treat them as such.

      Except that the criminal justice system isn't really setup to deal with a foreign invaders backed by an actual army.
      Sorry but as cute as your post sounded, it doesn't match reality. Or maybe you could tell us how exactly the NYPD should've hunted down Bin Laden and Al Qaeda without military assistance? Send a squad car to Pakistan or Afghanistan, knocking on doors ans issuing search warrants? Seriously?

    11. Re:Was this guy really a terrorist? by sacrilicious · · Score: 1

      Ok, but is "being organized" the differentiator between criminal and terrorist? I thought the differentiator was "trying to enrich self illegally" (criminal) vs "trying to catalyze shift in political power through (illegal and non-governmental) violence" (terrorist).

      --
      - First they ignore you, then they laugh at you, then ???, then profit.
    12. Re:Was this guy really a terrorist? by dsmatthews9379 · · Score: 1

      Good question, lets take a look at his phone and see who he was getting instructions and financial support from.... oh wait.... yeah we can't can we.

    13. Re:Was this guy really a terrorist? by dbIII · · Score: 1

      If advantage can be gained by those applying the label then they are a terrorist.
      That's how hostage situations get called "terrorism" now among other things.

      Expect a lot more of that sort of redefinition even though there is already too much.

    14. Re:Was this guy really a terrorist? by dbIII · · Score: 1

      Wow - way off to the land of Oz!
      No army here, just a couple of murderers in California - please try to make it back to the topic Toto.

    15. Re:Was this guy really a terrorist? by Lakitu · · Score: 1

      There's a distinction between civilians, terrorists, and military combatants. Mobsters are criminals, in a criminal venture most often for their own profit. They set up power structures through violence and corruption. The violence is almost always 100% targeted against individuals standing against them.

      Military combatants are an organized structure who can behave pretty similarly to mobsters: they kill and use violence as a means of implementing their political goals. The key difference is what political goals miltaries and other governmental organizations have and the manner in which they are determined. Governments, unlike mobsters, at least nominally have the will of the people backing them. Militaries who do not have political power are rebels.

      Terrorists have political goals and kill people at random in order to garner support, attention, and more influence. You may notice when, looking at the various terrorist organizations in post-WW2 history, that almost none of them have actually accomplished any of their goals, which seems obvious in hindsight considering their tactics of killing random people rather than actually attempting to accomplish any of their goals.

      The Taliban and al-Qaeda are not equivalent. The Taliban are a dysfunctional and authoritarian government organization. They have ranged from mobsters to a mostly legitimate but oppressive government in the last 3 decades. While they are often brutal, oppressive, and ruthless, they do generally do not try to kill random people -- even when they do, they are usually targeting a semi- or completely legitimate target, in military terms, such as military bases or intelligence services. They definitely kill random people there, but it's hard to argue how many of those people can truly be "random" compared to arguing whether their rebellion is justified at all.

      al-Qaeda has a few rebellious affiliations, but by and large they have conducted mostly terrorist actions: killing random, unaffiliated civilians for attention. Flying a plane into the WTC is terrorism. Bombing embassies is terrorism. Blowing up airliners is terrorism. Exploding car bombs in crowded marketplaces and mosques is terrorism. Attacking a military base is rebellion.

    16. Re:Was this guy really a terrorist? by Darinbob · · Score: 1

      Yup, but because they were mid-eastern in origin it starts up the whole "maybe they're terrists!" thinking. Being interested in ISIS, following a bunch of terrorist related web sites, and so forth does not mean one is a terrorist. Support for jihadis does not make one a terrorist. Crazy people do crazy things.

      In the wayback machine America used to be hysterically in fear of communists, seeing a global communist conspiracy everywhere they looked, worrying about whether the local librarian was in a sleeper cell, and so forth. Politicians back then actively removed civil rights out of communist fear. Today the communists have been replaced with terrorists, but there's still the fear of the global conspiracy, we're still discarding chunks of the constitution out of fear ("they hate our freedoms, so let's get rid of some!"). They think that the person going crazy was getting secret orders from the global terrorist planning network.

      Technically, the intent to cause lasting fear as the result of a violent act is probably terrorism. But that would make a large number of crimes be terrorism when most people don't think of them that way. As in the Columbine shooting.

    17. Re:Was this guy really a terrorist? by Darinbob · · Score: 1

      These shooters did not have the backing of a foreign military. The shooters may have been interested in joining those foreign fighters but it does not seem that it went any further than that, just a couple of dopes saying "we're helping!" The crime happened in the US by legal residents of the US. Which is why the FBI is investigating. The criminal justice system however *is* set up to be able to handle spying by foreign agents (in other words, foreign invaders backed by actual armies).

    18. Re:Was this guy really a terrorist? by Darinbob · · Score: 2

      And that information, if it exists, is most likely not on that phone. They had burner phones so why would they turn around and put valuable information like that on their work phones?

    19. Re:Was this guy really a terrorist? by Jack+Griffin · · Score: 1

      Wow - way off to the land of Oz! No army here, just a couple of murderers in California - please try to make it back to the topic Toto.

      Er that was the topic that I replied to thanks toolbag...

    20. Re:Was this guy really a terrorist? by Jack+Griffin · · Score: 1

      These shooters did not have the backing of a foreign military.

      If you read the thread, I was replying to a specific comment about "All terrorists are just asshat nutcases. They are only criminals..."

      This statement and the logic that supports it is blatantly false.

      As for this specific case, which neither the GP or I referred to, but will now, there is evidence that suggests this couple were under the influence of external third parties. To dismiss some connection at this stage without waiting for a full investigation seems a bit short sighted.

      The criminal justice system however *is* set up to be able to handle spying by foreign agents

      Unless they use encryption, then they aren't...

    21. Re:Was this guy really a terrorist? by Areyoukiddingme · · Score: 1

      I'm no fan of the Taliban, but calling them a "mob" or "organized crime" ignores the fact that for several years they were the de facto government of 90% of Afghanistan, and recognized as the de jure government of Afghanistan by Pakistan, Saudi Arabia, and UAE.

      Organized crime left unchecked will eventually overthrow its host government. We call the result a failed state. If the mob that has overthrown the state then begins to perform governmental functions then yes, it is the new government. A rebel government then achieves legitimacy by hanging on long enough. The US invasion of Afghanistan did indeed overthrow a Taliban-led government.

      My original post was something of a sound bite post. I make no apologies for that. It's an effective rhetorical technique. Having started the conversation, we can get into the nuances, for those people who actually have an attention span. The more nuanced, yet still absolute description is that there is no such thing as terrorists—there are only mobs/organized crime and successful armed rebellions (whose participants will exercise their age-old prerogative of redefining themselves as "freedom fighters"). Anywhere outside of the failed states, these organizations that give themselves names are still just mobs, and the local, functioning governments should treat them as such.

      The distinction between mobster and terrorist should, no, must remain solely an academic distinction within the purview of a functioning government opposed to them. Legally, a criminal attempting to frighten a population is still just a criminal, regardless of tactics.

      The militias in the US understand that successful armed rebels get to call themselves freedom fighters. So does the FBI. The FBI also understands that a government can not ignore rule-breaking backed by guns within its borders. The FBI could not ignore what went on in Nevada and in Oregon. To do so would be to become a failed state. Instantly.

      It's long been understood that humans crave order above all else, that totalitarian jack-booted thuggery is preferable to anarchy. Democracy, direct or representative, is apparently the most preferable, but anything, absolutely anything, including despotic theocratic monarchy, is preferable to real anarchy. This is a fundamental truth of human nature. Generations of anarchists have come and gone for thousands of years without putting a dent in it. Governments have come and gone for thousands of years, and despite all of the variations, they served one shared fundamental purpose: to maintain order.

      So the FBI reacted, and the militias were suppressed, and peace prevails (not without a lot of grumbling). The instigators will be tried as criminals, exactly as they should be, and not branded as terrorists. Obviously it helped that they are white Christians. Not so obviously, everybody, regardless of race or creed, who behaves as they did should be treated as they were. As criminals.

      There is no such thing as a terrorist.

    22. Re:Was this guy really a terrorist? by firewood · · Score: 1

      There is no such thing as a terrorist, as a legal distinction. ... We call them mobsters.

      The significant difference is that mobsters often try to hide the body (concrete overshoes, etc.) to lower the chances of getting caught. They might want a rival mob to know, but not the general public. And they usually don't blow themselves up trying. Terrorists usually want the body (before/after the beheading, et.al.) to be seen by millions on network news and youtube for some anticipated psychological effect on the general public.

      There are those who just want the loot, and don't care about the effect on the general public (and its economic and political repercussions), and those who do.

    23. Re:Was this guy really a terrorist? by ToddInSF · · Score: 1

      For a moment there I thought that you were describing the US government and the police.

    24. Re:Was this guy really a terrorist? by interstellarsurfer · · Score: 1

      Probably the most reasonable post here.

    25. Re:Was this guy really a terrorist? by mjwx · · Score: 1

      Taliban, Al Queda, blah blah, these are just mobs. Organized crime. Treat them as such.

      What are you on?

      Are you suggesting we could bring down Al Queda by charging them with tax evasion al a Capone?

      There's a big difference between terrorist organisations and organised crime. The biggest one is that terrorists are indiscriminate, they want their acts to be noticed and publicised, their ultimate motive is to sow terror and a lot of the violence is for the sake of violence. Organised crime on the other hand is using violence as a means to an end. Their actions are targeted and would prefer using threats rather than actual violence because the last thing they want is to draw attention to what they're doing. Their motive is to make money.

      --
      Calling someone a "hater" only means you can not rationally rebut their argument.
  5. Re:Really ??? by tranquilidad · · Score: 4, Interesting

    A known way around the encryption, if you backup to iCloud, is to reset the password on the iCloud account and restore the iCloud backup to a new device.

  6. Someone at the health Dept knows the password... by RY · · Score: 3, Funny

    Might I suggest Enhanced interrogation for the entire health department, I hear it is still legal.

  7. tampering with evidence by RichMan · · Score: 2, Insightful

    So apple can show that the iPhone was tampered with after the government took possession. Well that makes the information on the phone totally suspect.
    That to me shows there is no reason to decrypt the phone as nothing on it can be trusted to be authentic any more.

    For example, highly paranoid version,
    Did the CIA get someone to re-image the phone and plant false information.

    1. Re:tampering with evidence by Anonymous Coward · · Score: 1, Interesting

      1. The government is asking Apple to disable the feature that erases all the data from the device after 3 failed login attempts. The government than could brute force the password.
      2. This tool could be run by Apple and then the device returned to the government. They don't have to distribute this tool to the government or anyone else.
      3. The device in question is the property of the state and not this persons own phone. The state has given the FBI permission to access their device.
      4. Any incriminating evidence found on the device cannot be used against the user because he is dead.
      5. There have been 70 other instances where Apple was served with a warrant to provide data on a users phone and they did so without complaint. In these cases the users in question were not dead.
      6. Apple has all but admitted they can give the FBI exactly what they are asking for and if Apple can do it there are other highly skilled people who can also do the same thing.
      7. The FBI has been upfront about their request and got a court order which is the legal process. They are not sending Apple classified NSL's demanding actions which never see the inside of a court room.
      8. It seems people really don't have a problem with this particular case but they are worried setting some kind of precedent that can be used in the future. Giving current criminal activities a pass because you are worried about some consequence in the future is ridiculous.
      9. Apples refusal doesn't have jack to do with user privacy concerns it is all about Apple's bottom line.

    2. Re:tampering with evidence by Sir+Holo · · Score: 4, Insightful

      9. Apples refusal doesn't have jack to do with user privacy concerns it is all about Apple's bottom line.

      The two are one-and-the-same. If users find that their privacy is not respected, then they will buy products from another company.

      That is, it is a smart business move on Apple's part.

    3. Re:tampering with evidence by romanval · · Score: 1

      The Phone wasn't tampered with, just the iCloud password. This can be done by logging into iCloud-- it does NOT require the phone... The only problem is that the phone still has the old password, so it will never sync to iCloud again.

    4. Re:tampering with evidence by ImprovOmega · · Score: 1

      Not the phone. The iCloud account. They had access to the terrorists' email address and initiated a password reset in hopes of gaining access to the phone. That didn't work.

  8. Latest Development by Anonymous Coward · · Score: 1

    The latest development is that the IP address used to change the Apple ID password was from within a US military network.

    Trying to cover up a false flag, are we?

  9. Re: Really ??? by Anonymous Coward · · Score: 1

    bring it back to its home or office.. it will backup on power and a know SSID wifi

  10. Re: Really ??? by Anonymous Coward · · Score: 1

    Only if it's configured to do so. That's not configured by default.

  11. Re:Apple's motives by penguinoid · · Score: 1

    "The Apple senior executives also pushed back on the government’s arguments that Apple’s actions were a marketing ploy, saying they were instead based on their love for the country and desire not to see civil liberties tossed aside."

    Would you believe "love of their country" as a motivation for any large organization, including government agencies?

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  12. Re:Government Geniuses (aka Military Intelligence) by AchilleTalon · · Score: 1, Informative
    It is just a fucking counter and a delay in the firmware that prevent someone to break the code. No rocket science here. In order to prevent brute force attacks, the firmware erase the data after X unsucessful trials to unlock the device and to prevent a huge amount of trials in few seconds, a delay is introduced between each trial which goes unnoticed to a user because it is something like a few seconds, enough to be annoying for a brute force attack on the password, but not enough to annoy the legitimate user. That's all they are asking for. A modification of the firmware for THIS iPhone to remove the maximum number of attempts limit and nullify the delay. They do not ask Apple to modify the firmware on all iPhones they are selling.

    At my sense, Apple is better to comply than let the DoJ grant the right to the FBI and/or NSA to proceed with the modification of the firmware themselves. In this case, you can be sure the FBI and/or NSA will keep the code for next time they need it. The rest is pure bullshit from Apple, we already know these safeguards can be circumvented by anyone with enough time, money and knowledge to modify the firmware.

    --
    Achille Talon
    Hop!
  13. what changed? permanent policy needed by sittingnut · · Score: 1

    apple( and other big techs) was happy to comply with governments in earlier cases. what changed? falling sales? and stock price? conscience?
    in any case, how to act on this issue should be based on well articulated principles, not ad hoc decisions by ceos and executives( which can change with the wind).

     

    1. Re:what changed? permanent policy needed by whipslash · · Score: 4, Informative
      To quote the article:

      Asked why the company is pushing back so hard against this particular FBI request when it has assisted the agency in the past, Apple executives noted that the San Bernadino case is fundamentally different from others in which it was involved. Apple has never before been asked to build an entirely new version of its iOS operating system designed to disable iPhone security measures.

    2. Re:what changed? permanent policy needed by sittingnut · · Score: 2

      does that mean they would have complied with government request, if it was easy to do as in previous cases?
      as i said , apple should clearly articulate the principles on which it is basing its policy, instead of deciding case by case ( based on what seems to be variety of other factors )

    3. Re:what changed? permanent policy needed by whipslash · · Score: 1

      Yeah I agree

    4. Re:what changed? permanent policy needed by superwiz · · Score: 1

      what changed?

      The claim is that the security scheme used in the phones has changed.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    5. Re: what changed? permanent policy needed by c.s.carlson6 · · Score: 1

      What changed!? Ed Snowden. Apple complied in the past when information security wasn't such a hot button issue. Now times have changed. Now people are paying attention, and they take their privacy seriously. Apple has been reassuring its customers that their iPhones are secure for years now. Their message had been consistent that they will keep their customers' personal iPhone data private. Apple is loyal to its customers, the American people. If the people weren't so wary of government spying, nobody would think twice about Apple helping them in an investigation. The government made it's bed, now it's gotta sleep in it.

    6. Re:what changed? permanent policy needed by Anubis+IV · · Score: 2

      They do articulate their policies regarding warrants and other such requests on their privacy policy pages. This goes beyond a warrant for data, however. This is a writ compelling them to build a malicious version of their own OS that is designed to compromise the system's own security. That's a far cry from delivering data you already have on hand, and Apple already pushes back on quite a few of those, based on the stats they publish.

  14. Re:Apple's motives by Anonymous Coward · · Score: 1

    No, but I didn't know how to express sarcastic tears in writing.

  15. What Trial? by nicoleb_x · · Score: 1

    Dead men don't get trials.

  16. Re:Really ??? by __aaclcg7560 · · Score: 1

    A known way around the encryption, if you backup to iCloud, is to reset the password on the iCloud account and restore the iCloud backup to a new device.

    From what I read, the iCloud backup — which Apple provided to the FBI — was a month old prior to the attack.

  17. Exit process for terminated employees by RubberDogBone · · Score: 5, Insightful

    This phone belonged to the place where this guy worked. So when he murdered a bunch of people, I am sure HR started a process to terminate his network access and revoke his use of things like this phone, in part by changing the passwords.

    He may have died in a shower of bullets but god damn it Sally in HR was gonna cross every T and dot every i on that termination form!

    --
    Sig for hire.
    1. Re:Exit process for terminated employees by seven+of+five · · Score: 1

      If Sally changed the password, then Sally *has* the password and there's no mystery. Just ask Sally.

    2. Re:Exit process for terminated employees by gweihir · · Score: 1

      Hahahahaha, sounds entirely plausible!

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    3. Re:Exit process for terminated employees by Anonymous Coward · · Score: 1

      the reason why they can't 'ask sally' is because they're blowing smoke. 'sally' didn't really change it. the feds thought they'd be cute and reset the password thinking they could use some stupid 'mothers maiden name' or some such to get a new one that they knew -- and they were wrong... so now they're fucked and going after apple to cover their asses

    4. Re:Exit process for terminated employees by BitZtream · · Score: 1

      Because that's what Sally was supposed to do, and in 99.9999993% of the time, it's the right thing to do.

      No one told Sally that doing so might be a problem and Sally doesn't know what encryption even is, just like she doesn't know shit about how phones work in general so WHY THE FUCK WOULDNT SHE DO HER FUCKING JOB ASSHOLE?

      Stop acting like little Sally has any blame in this.

      --
      Persistent Volume manager for Kubernetes - https://github.com/dwimsey/openshift-pvmanager
  18. Enrique Marguez by Irate+Engineer · · Score: 4, Informative

    The FBI arrested the guy that supplied the guns used in the shooting. He is currently charged with providing material support to terrorists, which means they need to find evidence that he provided the weapons with the intent to support this particular attack. Otherwise they probably only can push weapons-related charges.

    As he was buddies with the owner of the iPhone, odds are all they evidence they want against this guy is on that phone.

    --

    Left MS Windows for Linux Mint and never looked back!

    Vote for Bernie in 2016!

    1. Re:Enrique Marguez by Anonymous Coward · · Score: 1

      Odds are the evidence was on their personal phones that they destroyed, not on the employer's phone that they didn't destroy.

    2. Re:Enrique Marguez by Bing+Tsher+E · · Score: 2

      This was the terrorist's employer-supplied phone. They also had their own personal phones which they destroyed before anybody could access them.

      It's entirely possible that there is nothing at all that is usable as evidence for anything related to their terrorist acts on the phone.

      It's quite likely that they were smart enough to know this and not use this phone for anything not work related.

      Which renders this whole big deal a pretty stupid exercise.

    3. Re:Enrique Marguez by dbIII · · Score: 2

      He is currently charged with providing material support to terrorists

      Cool, can we charge Senator Peter King with that? He sent money to the IRA to buy semtex explosives from Libya FFS.
      http://en.wikipedia.org/wiki/Peter_T._King#Support_for_the_IRA
      How about Oliver North, now one of the people running the NRA, who sent weapons to Hezbolla, including anti-tank weapons that were supposed to be too secret to sold to US allies?
      It's really funny to hear both of them go on about terrorism as if they had not been enabling it.

      Oh that's right, no charges for them, it's just a threat to be used on the little guys.

    4. Re:Enrique Marguez by rahvin112 · · Score: 1

      They don't need the phone to convict Marguez, going by the press reports he already told the FBI everything they need to convict him. He did what most people did, he talked to the cops and they talked him into confessing, though he didn't realize he was confessing (probably thought he was apologizing).

    5. Re:Enrique Marguez by Irate+Engineer · · Score: 1

      They don't need the phone to convict Marguez, going by the press reports he already told the FBI everything they need to convict him. He did what most people did, he talked to the cops and they talked him into confessing, though he didn't realize he was confessing (probably thought he was apologizing).

      But if he gets it in his head to recant, then they will need evidence.

      --

      Left MS Windows for Linux Mint and never looked back!

      Vote for Bernie in 2016!

  19. Re:Government Geniuses (aka Military Intelligence) by mysidia · · Score: 2

    That's all they are asking for.

    They didn't ASK for it, however, they had an unlawful order issued for it.

    Apple could have helped them, perhaps, if they asked for it, but Apple has a civic duty to fight the unlawful order, lest it become a precedent for further abuses.

  20. Re:Government Geniuses (aka Military Intelligence) by Anonymous Coward · · Score: 1

    If it's that easy to modify the firmware, why in the hell can't the government do it themselves? Really?

  21. Re: APPLE Just do it this one time, and say that's by KingRatMass · · Score: 1

    Sorry... One Hundred BILLION DOLLARS!!!!

  22. Password change was by San Bernadino county by Swampash · · Score: 4, Informative

    http://www.politico.com/f/?id=...

    DOJ filing, page 18, footnote 7.

    (credit: https://twitter.com/grimmelm/s... on twitter)

    1. Re:Password change was by San Bernadino county by Swampash · · Score: 3, Informative

      Someone's already going under the bus for it:

      The auto reset was executed by a county information technology employee, according to a federal official. Federal investigators only found out about the reset after it had occurred and that the county employee acted on his own, not on the orders of federal authorities, the source said.

      http://abcnews.go.com/US/san-b...

    2. Re:Password change was by San Bernadino county by PPH · · Score: 1

      And that password reset appears to have been for the iCloud (backup) account. Not the phone lock code itself. The FBI claims that no recent backups were performed and so the phone may contain data available nowhere else.

      --
      Have gnu, will travel.
    3. Re:Password change was by San Bernadino county by dbIII · · Score: 1

      Going to be screwed over for sticking to policy just like a San Francisco IT guy who caught the bosses new squeeze fooling with the IT security manager's PC after hours, then put in the career ending position of being told to reveal a password in front of people that he was forbidden to reveal a password to. Heads or tails - both lose.

    4. Re:Password change was by San Bernadino county by Lakitu · · Score: 1

      The auto reset was executed by a county information technology employee, according to a federal official.

      FBI: we can't get into his phone, can you reset his password so that we can take a look at his iCloud?

      County IT guy: sure thing boss *clicks*

    5. Re:Password change was by San Bernadino county by rahvin112 · · Score: 1

      Doesn't really matter if someone other than the FBI caused the password reset. The fact that the phone was powered and accessible from the outside network breaks chain of custody.

      When you are investigating crimes that involve computer data the first rule is you NEVER operate on the actual data, you make copies and work on the copies in a secure environment. To preserve chain of custody the first thing the FBI should have done after acquiring the phone was either immediately disable wireless and cellular (if they have access) or to power the phone down immediately to prevent outside tampering. Nothing on the phone can be trusted or admitted in court at this point.

      I'm astounded the FBI screwed up this bad, they even have Faraday cage boxes with power for situations like this where they can keep the phone powered but block all wireless access.

    6. Re:Password change was by San Bernadino county by wwphx · · Score: 1

      Wow. I can't believe the FBI screwed up so egregiously. I worked for a somewhat major police department in the '90s (sysadmin/DBA) when they were setting up their first computer forensics unit. I do have to say one thing: it's possible that the screw-up happened when the phone was in the possession of the SBPD, not the FBI. Some agencies have incredibly loose standards and massively compromise chain of custody.

      I was browsing the local community college's bookstore a few years ago and saw that they were offering a class in computer forensics. I looked up the class online, and it's taught online-only. I can't figure out WTF that's about. Without a full lab and a thorough discussion of chain of custody, I would consider the class absolutely worthless for getting a real job in computer forensics.

      --
      When you sympathize with stupidity, you start thinking like an idiot.
  23. Re:Really ??? by tranquilidad · · Score: 1

    The article says that Apple sent engineers to get the iPhone to connect to a known Wi-Fi network "and triggering an iCloud backup." It doesn't say if they were hoping it would do it on its own or if they had a method to trigger the backup.

  24. Re:Government Geniuses (aka Military Intelligence) by Swampash · · Score: 3, Insightful

    If the US govt can force them to do it, the Chinese govt can force them to do it. And so on.

  25. Re: APPLE Just do it this one time, and say that's by niftymitch · · Score: 1

    Apple has over $200 Billion in cash. They problably made a million in the time it took you to write your post. Money is a meaningless incentive to them (as well as a meaningless impediment to doing what was asked).

    No. The reason Apple makes so much money is because many believe the
    set of devices and software services provided by Apple are sufficiently secure.

    If Apple caves... entire markets will look for other options.

    Sure, at one level this is about money.
    The writ compels Apple to develop and provide a service and
    business Apple does not want to be in. A service that risks their
    cash generation services in fact.

    --
    Truth is stranger than fiction, but it is because Fiction is obliged to stick to possibilities; Truth isn't. Mark Twain.
  26. Re:Apple's motives by Anonymous Coward · · Score: 1

    If protection of civil liberties is a marketing ploy, it's a damn good one. I'm all in.

  27. Re:Really ??? by DigiShaman · · Score: 1

    You only get 5GB of free iCloud storage. Once you reach that limit, backups stop.

    It's entirely possible that he reached the limit as he took more photos and video. It's for that very reason I needed to upgrade to the 50GB plan, or else I would have to reduce or turn off Photos from being backed up.

    --
    Life is not for the lazy.
  28. Re:Umm, if it's encrypted, how do they know? by ShaunC · · Score: 1

    So he had an accomplice of some type?

    Yes, his employer's IT department.

    --
    Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
  29. employers can have their own back doors by YesIAmAScript · · Score: 3, Informative

    On iOS your employer can put a certificate on your device that allows them to get into the device they loan you.

    Too bad they didn't do it, HR could have gotten the FBI in.

    --
    http://lkml.org/lkml/2005/8/20/95
    1. Re:employers can have their own back doors by kybred · · Score: 1

      I saw an article where Apple (Tim Cook?) said that if they had followed best practices for enterprise they would already have what was on the phone. I guess this is what they were referring to.

      So two blunders were made: not following best practices and reseting the password on the iCloud account.

    2. Re:employers can have their own back doors by Jack+Griffin · · Score: 1

      On iOS your employer can put a certificate on your device that allows them to get into the device they loan you.

      Too bad they didn't do it, HR could have gotten the FBI in.

      HR or IT? Every place I've worked, MDM is the responsibility of IT. Fucking nerds let the country down again...

    3. Re:employers can have their own back doors by romanval · · Score: 1

      Like many government agencies, San Bernardino County Social Services is pretty bare-bones when it comes to funding. Their IT dept are probably a few of MCSE jockeys that abhor anything non-Microsoft; those iPhones are already 3rd class devices to their department, hence no need for MDM.

    4. Re:employers can have their own back doors by painandgreed · · Score: 1

      On iOS your employer can put a certificate on your device that allows them to get into the device they loan you.

      Too bad they didn't do it, HR could have gotten the FBI in.

      It's not all that easy to do however. We had a meeting with Apple about going that route, and to start with, you have to buy everything through a certain Apple program to get that done. If your business has contract agreements with other vendors or the users buy the actual device and are reimbursed for them later like my work, that is not possible from the start. Then if you do, you're thrown into a world of third party vendors for management software IIRC.

  30. Re: Really ??? by Cramer · · Score: 1

    And only if it's been unlocked since the last reboot. (it's been powered down since then, so there's no way to touch the data on it.)

  31. If an employee changed this... by l0n3s0m3phr34k · · Score: 1

    then why not just ask that employee what they changed it to? Or is it, since it's been changed but this phone hasn't been synced, the security chain is now broken? I've dealt with Airwatch MDM, pushing out updates to iPads, etc...but I don't know the intricacy of IOS security (and apparently, neither does the FBI). I'd hate to be the employee who did this; even if it is "standard protocol" they should have realized that this isn't a "standard employee firing" and should have asked their manager FIRST, who should have said "let me clear this with the FBI" or such.

    1. Re:If an employee changed this... by PapayaSF · · Score: 1

      then why not just ask that employee what they changed it to?

      Exactly. If IT changed the password, they must know the new password.

      --
      Q: What does the "B." in Benoit B. Mandelbrot stand for? A: Benoit B. Mandelbrot
    2. Re:If an employee changed this... by superwiz · · Score: 1

      Because they don't want access to this phone. They want a program which would allow them future access to all phones.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    3. Re:If an employee changed this... by romanval · · Score: 2

      iCloud password != phone passcode. That's like changing your email password and expecting your ATM card PIN number to change too.

    4. Re:If an employee changed this... by gnasher719 · · Score: 1

      They know the new password.

      If this was your phone that you use in a normal way, and you had changed your iCloud account password from another phone, you would just unlock the phone, go into "Settings" -> "iCloud" and enter the new password, and everything is fine.

      Note how the first step is "unlock the phone". That's what they can't do. And with most password resets, you are not told the old password (because the server isn't supposed to know it), so they can't change the iCloud password back to what it was.

  32. Re:Legal justification by hackwrench · · Score: 1

    All the "legal justification" any American needs is that government exists for the people and not the other way around.

  33. WHAT? SAY WHAT? Insecure by design? by Anonymous Coward · · Score: 1

    So, your iPhone is apparently secure but if you back it up to iCloud you lose all that security? WHAAATTTT....good to know, just another reason to never get an iPhone....

    1. Re:WHAT? SAY WHAT? Insecure by design? by gweihir · · Score: 1

      That is actually pretty standard. Do not expect that to be better with any other brand that offers cloud backup.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    2. Re:WHAT? SAY WHAT? Insecure by design? by gweihir · · Score: 1

      I know that. Nothing that "Kimble" has ever done was very good (the guy cannot code himself and he does not have a good hand selecting coders). Unless somebody competent and reputable does a full security analysis, I recommend not touching that with a 10-feet pole.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    3. Re:WHAT? SAY WHAT? Insecure by design? by gnasher719 · · Score: 1

      So, your iPhone is apparently secure but if you back it up to iCloud you lose all that security? WHAAATTTT....good to know, just another reason to never get an iPhone....

      You have all the security. No hacker, even a government sponsored hacker, no criminal, can read your data from the iCloud backup. Apple keeps the data safe from prying hands and encrypts it. Apple can decrypt it, but would only do that when presented with a valid search warrant. So it's absolutely safe. Or do you think search warrants shouldn't be respected?

  34. Re:Government Geniuses (aka Military Intelligence) by gweihir · · Score: 1

    You forget that the phone is locked and likely there are trip-wires resulting in key-deletion on at least some attacks. That alone makes any updates very much non-trivial.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  35. Re:If someone had the Apple ID password... by gweihir · · Score: 1

    Only if the phone was on the air. That is the first thing any halfway competent forensics person stops. You can too, a tin-can is enough. Of course, in the future, we will see phones that wipe themselves after a while in that state. It is really pathetic that ordinary citizens need to think about protecting themselves from the government again. Have they learned absolutely nothing from history?

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  36. It's getting ridiculous by superwiz · · Score: 4, Insightful

    "Ownership" is the right to say "No." If Apple can't say no to writing a new way to access their own devices, then they don't own Apple. The FBI is not asking for access. They are asking for a service to be performed.... and not by any one individual... by a company. Last I heard, there is no enlistment right for corporations (yeah, yeah, despite corporate personhood). You can buy something, you can lend something. But if you can't tell someone "no" when they request your services, they own you. And FBI does not own Apple. They are not asking for something which already exists. They asking for work to be performed at their behest. This case is becoming about more than the right to privacy. It's becoming about the right to not be deputized at a judge's pen stroke. If Apple can be compelled to write code because FBI so chooses, then anyone can.

    --
    Any guest worker system is indistinguishable from indentured servitude.
    1. Re:It's getting ridiculous by Jack+Griffin · · Score: 1

      "Ownership" is the right to say "No." If Apple can't say no to writing a new way to access their own devices, then they don't own Apple.

      Yeah, yeah, so next time a cop ask you to slow down, you'll use this same argument?

    2. Re:It's getting ridiculous by tomkost · · Score: 4, Insightful

      There is a big difference between a cop telling you not to speed, and cop or court telling you MUST speed. What's happening here is that they are attempting to compel Apple to do something they don't want to. That's completely different than telling them to stop breaking the law or punishing them for breaking the law.

    3. Re:It's getting ridiculous by penguinoid · · Score: 1

      But if you can't tell someone "no" when they request your services, they own you.

      So if the cops can subpoena you to produce documents, or compel you to testify, then they own you?

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
    4. Re:It's getting ridiculous by ray-auch · · Score: 2

      But if you can't tell someone "no" when they request your services, they own you.

      So if the cops can subpoena you to produce documents, or compel you to testify, then they own you?

      Forcing you to produce documents you already have, or to testify are _limited_ powers, written into law, and there are various safeguards such as the 5th and the right to argue that cost of compliance is an undue burden, or to seek recompense.

      This writ implies that the cops also have the power to force you to _create_ new documents, or, essentially, to do anything they want. It is not clear that there would be any limits on this power, which in itself implies that the lawmakers did not intend it that way, since there _are_ limits on document production and testifying. Being compelled to do anything the cops want without limit or safeguard sounds like ownership.

      Personally, I think Apple should maybe agree IFF they are paid their costs, _including_ the cost of lost sales from reputation damage. Since you can't prove which lost sales are down to this event, you'd have to just include everything after the event (as per BP deep water horizon compensation). Apple can collectively take a breather, play ping pong for a few years, and end up owning the FBI by virtue of getting its entire budget...

    5. Re:It's getting ridiculous by Jack+Griffin · · Score: 1

      There is a big difference between a cop telling you not to speed, and cop or court telling you MUST speed.

      No there isn't. And even if there were, cops will also tell you to hurry up if you are going too slow on a major road. The govt telling you to do stuff can serve a valid purpose sometimes. Whether or not this is one of those times is up to the courts, but that doesn't mean it doesn't happen.

    6. Re:It's getting ridiculous by tommeke100 · · Score: 1

      I agree with the Apple backdoor stance. However, there are many regulations a company must abide to which require considerable effort on their part. And these change all the time. Suddenly some new standard pops up or a legal QA process which requires these companies to create new divisions just to be able to cope.
      These are however not ordered by a judge. An iPhone is basically a computing device. You can't blame Apple or Dell for users encrypting their iMac or PC for example and require them to backdoor it.

    7. Re:It's getting ridiculous by superwiz · · Score: 1

      Cops work for the entity which owns public roads -- the government.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    8. Re:It's getting ridiculous by Jack+Griffin · · Score: 1

      Cops work for the entity which owns public roads -- the government.

      Govt owns the country in which Apple is based. I don't get where you're going with this?

    9. Re:It's getting ridiculous by SuiteSisterMary · · Score: 1

      Regulations apply across the board, equally.

      "Any company which sells a device which is capable of storing digital files encrypted or otherwise secured, must be able to provide to law enforcement on demand a method to access and decode all files on a device."

      That's a regulation.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  37. Re:Government Geniuses (aka Military Intelligence) by superwiz · · Score: 1

    But if Apple gives them a program which would allow it, they can use it in the future on ANY phone. In fact, anyone who gets hold of the program would be able to use it in the future on any phone.

    --
    Any guest worker system is indistinguishable from indentured servitude.
  38. Re:Government Geniuses (aka Military Intelligence) by Swave+An+deBwoner · · Score: 1

    Serious question: if the iPhones and their components are actually manufactured in China, wouldn't that suggest that if the Chinese government wants the info (hardware and firmware) on the inner workings of the iPhone then they probably already have it? Wouldn't it be likely that at least some of the folks working in these factories may have provided the PRC with that info, perhaps under threat? And given the known vulnerabilities of digital certificates vis-a-vis the ability of any given CA to issue bogus certs, might not they already have the means to load modified firmware onto an iPhone?

  39. Re: APPLE Just do it this one time, and say that's by Jeremi · · Score: 1

    If Apple caves... entire markets will look for other options.

    I don't think that's quite true. If Apple caves, most people won't care, since most people think the government has a right to search an ex-terrorist's cell phone, and most people won't consider the implications.

    The scenario where the shit hits the fan for Apple is some months or years later, when the technique Apple provided the government to unlock the phone somehow escapes into the wild, and suddenly every iPhone is easy game for hackers and identify thieves.

    That's when Apple's ability to sell cell phones goes away, and probably they get hit with a number of expensive lawsuits as well.

    --


    I don't care if it's 90,000 hectares. That lake was not my doing.
  40. Go ahead, Apple by PPH · · Score: 1

    Help the FBI out. Write them their little app and let them crack the iPhone. Even though it appears that this is just an exercise in making you jump when the Justice Department whistles.

    Then, go back to the drawing board and, between an OS patch and maybe some more secure hardware, fix it so that your back door program never works on a new phone.

    --
    Have gnu, will travel.
  41. Is this unreasonable search? by Beeftopia · · Score: 1

    4th Amendment: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." -- Cornell Legal Information Institute

    If the search is reasonable, I'm not seeing the hangup.

    It's nice to have an unbreakable lockbox against anyone, even the NSA, but once the search is reasonable, ought not the device be decrypted?

    1. Re:Is this unreasonable search? by gnupun · · Score: 1

      If the search is reasonable, I'm not seeing the hangup.

      While this search may be reasonable, creating a backdoor will give technology to the government that can be used in other cases, where the rights "against unreasonable searches" may be violated.

      From TFA:

      Creating the backdoor access, the executives said, would put at risk the privacy of millions of users. It would not only serve to unlock one specific phone, they said, but create a sort of master key that could be used to access any number of devices. The government says the access being sought could only be used on this one phone, but Apple's executives noted that there is widespread interest in an iPhone backdoor, noting that Manhattan District Attorney Cyrus Vance said Thursday that his office has 175 Apple devices he'd like cracked.

    2. Re:Is this unreasonable search? by SuiteSisterMary · · Score: 1

      Well, in the case of a general back door that lets the government easily access things on a whim, that doesn't exactly meet the 'but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

      Also, all this amendment says is that things 'can' be seized in the right circumstances, not that anybody can be forced to help the government understand what they've seized.

      --
      Vintage computer games and RPG books available. Email me if you're interested.
  42. Re:Government Geniuses (aka Military Intelligence) by pla · · Score: 1

    Microsoft and Google also have the resources to reverse engineer any protections in place, write a version of Windows/Android for iDevices, and help the FBI out. Why not serve them with a writ to provide the same information?

    Oh, right, because slavery is fucking illegal in the US. Of course, that applies just as well to Apple.

    "Slavery", you say? Tell me, how do you define "forced to work against your will for no pay?"

  43. Re:Government Geniuses (aka Military Intelligence) by Bing+Tsher+E · · Score: 1

    Apple has a public relations duty to milk as much attention and publicity out of this case as they can.

    They're doing real good so far.

  44. The impression I got by rsilvergun · · Score: 1

    was that he dragged his wife along and she was too beat down to say no. There was just an article here talking about how you could be made to hurt folks when ordered to (the Nazi's came up, and I just godwin'd this thread...)

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  45. You're oversimplifying it by rsilvergun · · Score: 4, Insightful

    And just adding fuel to the fire. Real terrorist have an agenda. They're trying to accomplish something. Asshat nutcases are either mentally ill or financially desperate.

    There's two distinct classes there. You can't do much about the mentally ill except watch out for them and give them what help our science has. For the destitute you can stop oppressing them. We do horrible, horrible things to people in the middle east. We do worse to folks in South America. These people don't hate our freedom, they hate what we've done to them. Isis aren't terrorists. They're a bunch of men with no jobs and no wives. I suspect the shooter in San Bernadino was severely mentally ill.

    Given a chance most people will choose honesty if their brain chemistry allows it. That's why the Mob eventually got busted. Rather than rail on against them as criminals start asking why they turned to crime in the first place. Start getting at root causes and the real social distortions that take what started out as a young boy and turn him into a killer ready to throw it all away.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:You're oversimplifying it by Darinbob · · Score: 1

      Charles Manson was an asshat nutcase, but he had an actual goal he was trying to accomplish (start up the oncoming race war).

      But you make a good point. The US government is the best recruitment agent that ISIS has.

  46. Yes, it's getting really ridiculous by sonamchauhan · · Score: 1

    But if you can't tell someone "no" when they request your services, they own you.

    --
    Your ideas intrigued me, and I tried subscribing to your newsletter.

    [At airport] "Step back in line sir.
    "Do you own me?

    [In airplane] "Sir, your boarding pass says seat 21D. Can you sit there instead?
    "Do you own me?

    [At home] "Darling, take out the garbage?
    "Do you own me?

    [Finally, my dog learnt this new trick]
    Me:"Get off the sofa dog
    "BowWowGrBoww Bo EeWwof Gruff Woff" ("Do you own me?)

    1. Re:Yes, it's getting really ridiculous by Anonymous Coward · · Score: 1

      How incredibly daft of you. Here's an analogy...

      Sir, wash my car because that guy over there was speeding.

      Here is an even better one...

      Hey locksmith there. Open up this safe. No we have no contract. We don't care if your kid is in surgery at the hospital. Do it now.

      The answer by any self respecting person to the Apple order and the two examples is no.

    2. Re:Yes, it's getting really ridiculous by superwiz · · Score: 1

      You don't own the airport. All your examples involve you being on someone else's property (which they own). So they do get to tell you how may or may not use/access it. The only exception is your own home. And yes, you do pledge yourself to each other, so there is a degree of ownership in a marriage contract.

      --
      Any guest worker system is indistinguishable from indentured servitude.
    3. Re:Yes, it's getting really ridiculous by sonamchauhan · · Score: 1

      Why, then lets continue...

        [At your front door] "Police, open up - we have a warrant!
        "Do you own me?

      This is what has happened to Apple.

    4. Re:Yes, it's getting really ridiculous by sonamchauhan · · Score: 1

      Yes, any 'self-respecting' person would say "no" - as long as he respects only himself. If he respected other people, respected the law, ... his answer would be "yes".

      Yes, I am daft, but I have company - your random analogies really took the cake. So lets stick to a real analogy -- "Its like someone murdered 14 people, and the police requested someone else to go get information from the murderer's device. With a warrant!".

      This case is the 'responsibilities' side of the law -- not the 'rights' side. Where corporations tell the govt: "Thanks very much for looking after our corporate interests with the USPTO, DMCA, TPP and the like. Now take a walk."

    5. Re:Yes, it's getting really ridiculous by sonamchauhan · · Score: 1

      I don't really understand this area of law. The government could simply seize assets (eg, existing Apple code and design artifacts) and employ its own programmers. Is this a reasonable compromise.

      Also, doesn't the government today lawfully compel people to say what they don't want to anyway... ?

      "Call your dealer and ask to meet
      "NO WAY!
      "Its 20-to-life then for you

  47. Re: Why does the government need apple for. by cubicle · · Score: 1

    I forgot to login earlier I am the anonymous coward

    --
    To err is to be human, to really screw up takes a computer and a human.
  48. Doesn't Apple have incremental backups?! by itsme1234 · · Score: 1

    ... at least for the crucial systems, like the one holding the name, emails, hashed passwords, etc of the accounts?!

    Ok, maybe they just have some redundant storage for the bulk backups/media (possibly with some backups, with limited history) but the system that keeps customer's metadata should have a backup history going back for years, if not a full journal-ed implementation.

    They could use the data from those backups to just reset back the password on the server to whatever it was earlier.

  49. No they don't by dbIII · · Score: 1

    Why isn't open carry enough Rambo?

    1. Re:No they don't by slashmydots · · Score: 1

      Why don't you use commas, idiot? Open carry is for macho idiots who want to scare people and be the first to get shot. Concealing a weapon is the most effective countermeasure against a criminal with a gun.

    2. Re:No they don't by dbIII · · Score: 1

      Why don't you use commas, idiot

      The defence rests.
      Look guys, we've got a nut. He's only a gun nut because he has a gun. The idiot probably keeps it loaded all the time where his kids can get it.

  50. Not a 4th Amendment issue, per se. by hey! · · Score: 4, Insightful

    I don't think you've got the issue here quite right. There's a couple reasons to believe that the 4th Amendment is not applicable in this case. The user of the phone is dead, so a lot of his privacy and autonomy interests are nullified now. He has no papers or effects that belong to him because he's a legal non-person. At best you could argue a chilling effect for other iPhone users -- and that's a pretty good argument. But thing this wasn't even his phone, it belonged to his employer. So while I think the 4th should be applied to phones owned or leased by living users, if the employer has no objection to the government searching the phone I don't see how the 4th applies in this case.

    I've heard two serious issues actually raised, namely (1) that what the government is asking Apple to do is bad for the privacy of Apple's customers and (2) that the government has overstepped its authority in what it can compel Apple to do. This isn't a case of Apple sharing documents it has access to with the government, in fact Apple has already done that; the government is in effect asking Apple to develop a new tool that will give it easy access to any iPhone, any time, not just this one.

    Aside from the fact that if Apple did it's job well (what are the chances?) developing this tool should be non-trivial, in absence of some kind of established oversight mechanism for using such toolsk the public shouldn't be too keen on letting the government have them.

    --
    Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
  51. Re:Really ??? by Anubis+IV · · Score: 1

    No, what they were saying was that if the password hadn't been changed, the phone might have initiated an auto-backup to iCloud that wasn't encrypted in a way that's inaccessible to Apple. The phone would do its own decrypting. But because the password was changed, the phone can't initiate an automatic backup.

  52. Re:Government Geniuses (aka Military Intelligence) by Lakitu · · Score: 1

    They do not ask Apple to modify the firmware on all iPhones they are selling.
    At my sense, Apple is better to comply than let the DoJ grant the right to the FBI and/or NSA to proceed with the modification of the firmware themselves.

    Why would the FBI and/or NSA need the DoJ's permission to do this? Why do they not already have it? If they could do it, they would have done it, and wouldn't have to deal with Apple at all. This would be a non-story, there would be no writ.

    It needs to be signed by Apple. If Apple creates new, legitimate firmware which bypasses these security precautions, what do you think happens after? The answers should be obvious:

    (1) the FBI is going to come back again and again, except with precedent,
    or,
    (2) the FBI is now going to be able to use this firmware on iphones other than the San Bernardino shooter's iphone.

    The rest is pure bullshit from Apple, we already know these safeguards can be circumvented by anyone with enough time, money and knowledge to modify the firmware.

    Your thinking on this is completely backwards. If you believe that these safeguards can be circumvented, then this is pure bullshit from the FBI. Given that anyone can modify the firmware, then they do not need Apple's help.

  53. Re:Government Geniuses (aka Military Intelligence) by romanval · · Score: 1

    iPhones will only execute signed Apple code. You'd have to be really good at modifying firmware without breaking it's signature; basically only Apple can do it.

  54. Re:Really ??? by dgatwood · · Score: 1

    If the backups were disabled by the user at that point, then that would be a show-stopper. If it simply stopped backing up, Apple could always bump up the quota on that account, and the device would automatically detect that it had space, and then it would back itself up.

    Unfortunately, somebody changed the password on the iCloud account, making that approach impossible.

    --

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

  55. Re:Why does the government need apple for. by dgatwood · · Score: 1

    They've already done that. The remaining problem is that the user's passcode is entangled with a hardware key that can only be obtained by either using a custom OS (which Apple would have to agree to produce) or by destroying evidence—specifically, uncapping the CPU and then using an electron microscope on its guts, if memory serves.

    --

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

  56. FTFBI. by nult · · Score: 2

    Simple, F*ck the FBI and bullshit like this.

  57. Security flaws in iOS? by El_Muerte_TDS · · Score: 2

    The executives said the company had been in regular discussions with the government since early January, and that it proposed four different ways to recover the information the government is interested in without building a backdoor. One of those methods would have involved connecting the iPhone to a known Wi-Fi network and triggering an iCloud backup that might provide the FBI with information stored to the device between the October 19th and the date of the incident.

    So there are 4 security flaws in the "encrypted" iCloud backups?

    1. Re:Security flaws in iOS? by ImprovOmega · · Score: 1

      Apple owns the endpoint. It is very difficult (though not theoretically impossible) to guarantee security when what you considered a trusted endpoint is compromised. It's like if you're Alice sending a message to Bob but now Bob has turned state's evidence on you. You're boned.

    2. Re:Security flaws in iOS? by gnasher719 · · Score: 1

      So there are 4 security flaws in the "encrypted" iCloud backups?

      No. There were four proposed ways that might get the data into an area where Apple can access it and deliver it to the FBI, which has a search warrant. Hackers can't access the data there, so there is no security flaw.

      It's look robbing a bank. If the bank clerk can press a button that calls the police and you get arrested, that's not a security flaw. It's a risk for the security and for the freedom of the bank robber, but not a security flaw.

  58. Can I ask a stupid question? by AbRASiON · · Score: 1

    https://support.apple.com/kb/PH12519?locale=en_US

    If I'm reading that right, SMS is backed up.
    Is there any reason why Apple can't at least change the guys password? Then restore the backup to a new iPhone using the same account?

    Like what else is on an iPhone that ISN'T backed up nowadays? Presumably the FBI have got his Gmail account compromised, I'd assume they've got his Apple account?
    Heck even the photos are backed up.

    In these instances, with a death certificate and FBI Warrant info, surely resetting a password is ok, or no? I'm all for privacy and glad Apple encrypt things but I'm curious why a restoration won't provide them with a heap of information they are already after?

    1. Re:Can I ask a stupid question? by gnasher719 · · Score: 2

      Is there any reason why Apple can't at least change the guys password? Then restore the backup to a new iPhone using the same account?

      No need. Apple has handed over the complete backup to the FBI. But it is an _old_ backup.

      If someone hadn't changed the iCloud password, the locked phone could be convinced to perform a backup. That's what iPhones do all the time; they perform backups while you are not using the phone. And then Apple could have easily delivered that backup with the latest data to the FBI.
      br. But because the iCloud password was changed, the phone doesn't know the correct iCloud password and can't back up. And because you can't unlock the phone, you can't set the correct password.

    2. Re:Can I ask a stupid question? by rtb61 · · Score: 2

      So how come they do not just accept what ever the hell iCloud password comes from the phone as the correct password, so that it can do the backup. You have the phone, you can create a sealed room with the phone in it, so it can talk to your pretend tower and communicate with the pretend iCloud and have it's password accepted and you are done.

      All they can ask for is the build details, which Apple should supply and from there on in, it is the FBIs problem to solve.

      Reality is when any technological device is taken for evidence, it should never ever be powered up again. The storage memory should be accessed directly by opening up the device and make a copy directly from the storage hardware (the inputs and outputs are known, the power connection is known, a direct copy is the only thing that should be allowed and only the copy is touched).

      The defence can then demand in court that a fresh copy be made under defence observation and that copy be compared to the copy being used in court by the prosecutors. Then of course is the whole argument of, prove that the device was not hacked and that some one else just planted the evidence for what ever reason. Revenge, promotion, extortion, to hide their own activity etc..

      --
      Chaos - everything, everywhere, everywhen
  59. wouldn't you do this the other way round? by ian_billyboy_morris · · Score: 1

    Surely you do this the other way round and have Apple create a fake icloud site that accepts any username & password? You set the trusted network to have the icloud dns for that network point to fedcloud.com instead instead of icloud.com and slurp away? If Apple can provide an older backup then surely the backups cannot be encrypted at apples end and if you have legally compelled Apple to help, it's not like you would have issues with keys for the site? Any idea why the feds wouldn't ask Apple to do this instead? What am I missing?

    1. Re:wouldn't you do this the other way round? by ray-auch · · Score: 1

      It is possible, even probable, that the phone has already tried to sync and failed due to the password change and that if so it will require a login (probably to phone and icloud) before syncing again.

  60. Farook-family lawyers hint at false flag .. by tetraverse · · Score: 1

    Attorney: Unlikely Malik could 'carry a weapon or wear some type of a vest or do any of this' ref

  61. To all you authoritarian fucktards that want more by Bartles · · Score: 1

    ...this is what more government looks like.

  62. Compelling by dnaumov · · Score: 1

    I am totally in agreement with Apple and their arguments are sound, the "can't compel" and "free speech" arguments of many Apple supporters however, are full of shit. EVERY SINGLE BUSINESS in the country is "compelled" by the feds to conduct their business in a certain way. It's called regulation.

  63. Going about it the wrong way by DutchSter · · Score: 1

    Seems to me that the DOJ is going about this the wrong way. As the Affordable Care act has shown the government can't compel a private actor to do something. But it can tax the hell out of their refusal to do so.

    I'm rather surprised they haven't schemed to let Apple continue to refuse but impose a tax of a billion dollars a day for doing so.

    1. Re:Going about it the wrong way by rainer_d · · Score: 1

      Seems to me that the DOJ is going about this the wrong way. As the Affordable Care act has shown the government can't compel a private actor to do something. But it can tax the hell out of their refusal to do so.

      I'm rather surprised they haven't schemed to let Apple continue to refuse but impose a tax of a billion dollars a day for doing so.

      During an election year?

      It's not like Apple is some ugly, unpopular mega-corp the likes of (Robocop-ian) OPC or something like this

      People love their iPhones, their iPads, their Macs. Well, those that own one. And that includes a broad socio-economic section of the US population. And even those that hate Apple, still sort of admire the way it tries to keep its users' privacy.

      And people can generally sympathize with Apple's stance.

      While you might get a few supporters in Congress at first, when the time comes to vote, a lot of them would think very hard before upsetting young, affluent, well-networked voters for possibly a very long time.

      We'll see how this continues next week. It's clear that Apple is going to pull every PR-trick, call every favor and generally go all-in on this one.

      --
      Windows 2000 - from the guys who brought us edlin
  64. Re:someone has to say it by slashmydots · · Score: 1

    I have a gun on my hip right now, idiot. I own a computer shop. There's actually a shotgun under the counter too. I'm very accurate with this S&W MP Shield 9mm at the range by the way. I also have hours of gun safety and proper tactical use and I've been in some very extreme situations before and always keep completely cool and level headed in them. Go back to trolling someone else you weak-minded pathetic anti-gun lunatic.

  65. Re:Really ??? by ImprovOmega · · Score: 1

    Well now there's an interesting thought. I wonder if Apple could just reconfigure his iCloud account to accept whatever password the phone provides as valid and accept the backup from there...? It would be like a man-in-the-middle attack except Apple is itself a trusted endpoint so maybe they could futz with the iCloud security to allow this phone to backup to it. Could Apple spoof an endpoint that way?

  66. Re:Quote "software is legally speech". by Intron · · Score: 1

    Whoever last worked on my current project is guilty of hate code.

    --
    Intron: the portion of DNA which expresses nothing useful.
  67. Re:Haha, too funny by Intron · · Score: 1

    It wasn't a bribe. He was just invited over for drinks. And free room and board. And free hunting and fishing. But definitely not a bribe. You can read Scalia's own explanation of why these things aren't a cause for concern when he took a trip with Cheney WHILE CHENEY HAD A CASE BEFORE THE COURT.

    --
    Intron: the portion of DNA which expresses nothing useful.
  68. Re: Really ??? by UnknowingFool · · Score: 1

    Um, no. The phone has a different password than the cloud. The phone is not going to update its password to the cloud. The phone's password must be updated separately.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  69. Re:Government Geniuses (aka Military Intelligence) by mysidia · · Score: 1

    The court that issued the order doesn't think it's unlawful.

    The order is unconstitutional, for the same reason they cannot order Linus Torvalds or other experts in the industry with unique talent to appear in court and provide a special version of the open source LUKS which allows unlimited password attempts to explain Android encryption, Because Apple is not a party to the case, and the order is not to produce some form of evidence in their possession.

    If they want to modify it to an order that might be lawful, then they should order Apple to deliver the complete iOS source code, so they can engineer the modification themselves, then order Apple to produce all the cryptographic signing keys in their possession.

  70. Re:Really ??? by DigiShaman · · Score: 1

    Yes, changing that iCloud password screwed the pooch. Also, backups don't occur unless the iPhone has a WiFi connection. Obviously you need to get into that phone to have it connect to a new network. But, if the FBI had access to the original home router or cable modem that provided WiFi, then it will start backing up on it's own once a day assuming the iCloud quota was increased.

    --
    Life is not for the lazy.
  71. Software Patent Impact? by ytene · · Score: 2

    I'm really interested in your statement that "code is speech" and therefore protected by the First Amendment. Are you able to cite any supporting materials on that please? The reason being that if, in the eyes of the law, software really is equivalent to speech, then I doubt that it can be patented. Successfully proving your claim could have massive impact, for example, for all those who have signed patent licensing deals with Microsoft...

    1. Re: Software Patent Impact? by sh00z · · Score: 1

      It was Content Scramble system (CSS), the DVD encryption scheme. Shirt-based decryption shown here.

    2. Re:Software Patent Impact? by barbariccow · · Score: 1

      The PGP guy got away with creating it back when encryption was considered munitions, by printing the source code. Thus it became covered by the first amendment.

  72. He's dead..... by hucker75 · · Score: 1

    ..... get over it. No more prying required. Guilty person found and removed.

  73. Try by NewYork · · Score: 1

    www.iphoneasyunlock.com