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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.

70 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 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.

    3. 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.

    4. 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

    5. 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.
    6. 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.

    7. 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!”
    8. 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.
    9. 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
    10. 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.

    11. 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.

    12. 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.

    13. 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.

    14. 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.

    15. 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
    16. 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?

  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 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).

    8. 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.

    9. 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
    10. 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.

    11. 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.

    12. 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.

    13. 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?

    14. 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.

    15. 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.
    16. 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."
  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 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.
    2. 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.

    3. 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.
  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 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.

    3. 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.
    4. 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?

  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 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.

  8. 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.

  9. 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 )

  10. 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!

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  11. 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.

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    1. 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.

    2. 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.

  12. 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.

  13. 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...

  14. 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.

  15. 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.

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  16. 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.

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    1. 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.

    2. 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...

  17. 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.

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  18. 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.

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  19. 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.

  20. 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.

  21. FTFBI. by nult · · Score: 2

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

  22. 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?

  23. 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.

  24. 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...

  25. 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..

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