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Google, Microsoft, Facebook, Twitter To Back Apple With Legal Filing In FBI Case (recode.net)

An anonymous reader writes: Google plans to follow Microsoft in throwing its legal support behind Apple in its increasingly contentious dispute with the federal government around the iPhone connected with the San Bernardino terror attacks, according to sources.

At a congressional hearing on Thursday, Microsoft's legal chief, Brad Smith, said that the company plans to file an amicus brief next week in support of Apple's resistance to helping the FBI hack the phone. Google will deliver its own supporting brief 'soon,' according to sources familiar with the company.

67 of 129 comments (clear)

  1. This will be interesting by liqu1d · · Score: 2

    Who's really got the power corporations or government.

    1. Re:This will be interesting by zenlessyank · · Score: 2

      Both and Neither. The government gets its money from the corporations. The government tells the corporations how much to pay and how to act. The corporations pay the government extra money when they want to act different than expected. The government likes it when someone gives it extra money so it ensures that the corporation gets to do what it wants. This is called a shell game in order to enact some other shit on the only thing left to control...the citizens.

    2. Re:This will be interesting by geekmux · · Score: 1

      Who's really got the power corporations or government.

      Anyone can hold mere power. This may be a bit larger than that.

      What will be defined here is Control.

      Those who fought and died to establish our country over 200 years ago didn't make any mistakes when starting our founding document with We the People.

      And if we relinquish that, then Ben Franklin was right. We deserve neither.

      Take special note to the age of the People noted here, for that is exactly how fucking long We have been concerned about who truly retains Control.

    3. Re:This will be interesting by dsmatthews9379 · · Score: 1

      Corporations have the financial and legal "power" to delay the inevitable significantly, and I can understand why they would wish to do so, however they may just force governments to find solutions that do not require cooperation. Is that not a worse outcome? If a court stands between the government and a citizen's data you still have some rights, but if the government is forced to develop a universal methodology for compromising a seized system's security they may not even bother going through the courts, thereby avoiding what is currently a reasonable and transparent process. Some may argue that such a "universal methodology" is not possible, but they are overlooking options that are available when you have physical control of a device.

    4. Re:This will be interesting by Jason+Levine · · Score: 1

      And, it is important to note, that what Apple is saying is that they don't have control in this case. It's not like they have some super-key that would unlock the phone and they are refusing to give it. They have no access to the phone. The government is requiring Apple to assert control over the phone while simultaneously try to assert their control over Apple. If the government wins, it will be Government > Apple > Users. If Apple wins, it will be Users > [Apple | Government]. There will still be cases where Apple is above the government or vice versa, but a ruling in Apple's favor will only serve to show that it's the users who are in charge.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    5. Re:This will be interesting by Anonymous+Cow+Ward · · Score: 1

      If America really was an oligarchy, Trump and Sanders wouldn't be doing nearly as well as they are. Wealthy people have more influence than the average citizen, sure, but it's not as bad as you make it out to be.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
  2. Re:Not very secure by MerlynEmrys67 · · Score: 5, Insightful
    If you assume that those 5-10 apple employees have access to the signing key that is needed to load the firmware. Without that, it would take another 1-2 M compute years to reverse the signing key needed to sign the firmware.

    What is being asked to do isn't that complicated - please disable this feature, please reduce this timeout... It shouldn't take 1/2 staff year to produce that firmware (and even if you include full review and validation). It is in Apple's interest to increase this time because this is what they will charge the FBI when they are required to produce the firmware if/when they loose the supreme court hearing. (which by that time, all of the data would be worthless in 2-3 years)

    --
    I have mod points and I am not afraid to use them
  3. Re:Not very secure by guruevi · · Score: 1

    Says who? There are a number of assumptions in the FBI's argument:
    1) It's possible to break 256-bit encryption
    2) The mythical man month
    3) There is a flaw that would allow which the FBI/NSA doesn't already have access to
    4) It's Apple's responsibility to create and maintain a rather expensive forensic analysis tool for the state
    5) It will only be used once and once it exists they won't be forced to repeat or release the tool

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
  4. Re: Heh by Anonymous Coward · · Score: 2, Informative

    You should probably look up Bill Gates' follow up to that article you linked, in which he says that Financial Times mis-quoted and misled readers by taking his statements out of context.

  5. Re: Heh by MobileTatsu-NJG · · Score: 1

    Do you have a link handy? I wasn't aware of that.

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  6. Re:Heh by Actually,+I+do+RTFA · · Score: 1

    Gates claimed his quotes were taken out of context.

    --
    Your ad here. Ask me how!
  7. Well, well, well by Tokolosh · · Score: 1

    Having wetted and raised their fingers, guess who has now determined which way the wind of public opinion is blowing.

    I suspect the direction of the wind is related to the realization that within a year, President Trump/Clinton may be relishing all the available phone access.

    --
    Prove anything by multiplying Huge Number times Tiny Number
    1. Re:Well, well, well by Barlo_Mung_42 · · Score: 1

      Apparently only 38% agree with Apple. Most people seem to side with the FBI on this issue.
      http://news.yahoo.com/more-half-americans-think-apple-182431121.html

    2. Re:Well, well, well by Anonymous Coward · · Score: 1

      38% in this context is HUGE. Fucking good thing we aren't a democrazy.

    3. Re:Well, well, well by Anonymous Coward · · Score: 1

      Apparently only 38% agree with Apple. Most people seem to side with the FBI on this issue.

      Millions of Americans also think the Earth is around 6,000 years old. It's a good thing we're a (somewhat) representative democracy.

    4. Re:Well, well, well by SvnLyrBrto · · Score: 1

      That 38% is a rather misleading number. You imply that, therefore, 62% are on the side of the FBI. But the very article you cite shows only a 51% commitment to the FBI's argument; leaving plenty of people as yet undecided. And the more clueful the population segment, the more the numbers shift toward Apple, ending at 47% FBI, 43% Apple, 10% undecided. And Apple's barely had a chance to begin to make its case; where the TLAs have been bludgeoning the population with "FEAR THE TERRORISTS!!!" for a decade and a half.

      --
      Imagine all the people...
  8. Re:All aboard the publicity train .... by Anonymous Coward · · Score: 2

    It takes a real idiot to shit on people for doing the right thing.

  9. Re:Not very secure by rmdingler · · Score: 1
    Quite right.

    The importance of these tech giants backing Apple's play is enormous. Sure, there may be some international sales advantages to standing up to The Gov'T, but, that doesn't suddenly mean it can't be simultaneously good for internet/personal freedom.

    Maybe, this just isn't toooo good to be true.

    --
    Happiness in intelligent people is the rarest thing I know.

    Ernest Hemingway

  10. Stop being fooled !! It's just a Dog and Pony Show by Taco+Cowboy · · Score: 2, Interesting

    Call me anything you want, I ain't gonna buy this 'corporations standing up for the common people' crap

    I've been in this field since the 1970's and the way I look at it is more like the following ---

    Big Bad Corporations, being part and parcel of the big brother, already have backdoors built into devices they sell to the public

    From time to time big brother will stage dog and pony shows designed to sway public mindset

    This time they use the Islamic Terrorist attack on Christmas Party in California as the backdrop, claiming that they need to 'crack some encryption' of an iPhone belonged to one of the Islamic Terrorists, in order to find 'terrorist information'

    And to maximize the impact, big brother stages it out in the open - pitting FBI/CIA/NSA on one side and the big corporations on the other side

    This whole thing is nothing but a farce -

    Big brother already got the backdoor handed to them prior to the release of iPhone to the public ( else why the POTUS is not allowed to use iPhone as a communication device?? )

    Their main aim is to sway public's mindset into believing that the iPhone (and all the other communication devices) they use are 'safe' from big brother's prying eyes, plus the additional benefit of fooling countries such as Russia / China / Iran into letting their own top level people using the same devices, so that NSA/CIA could more easily eavesdropping on them

    Stop being fooled !

    --
    Muchas Gracias, Señor Edward Snowden !
  11. Re:Can the FBI force a landlord to help search? by mattyj · · Score: 1

    They could, but that's not what the FBI is asking for. They're asking for a tool that could open any door, without the landlord's help, not this one specific door.

  12. Re:Not very secure by supernova87a · · Score: 1
    Wow, congratulations on uninformed wild guessing, and especially when the question has been answered in a formal brief before the court.

    Apple explicitly and on the record before the court has submitted that you cannot simply "just disable" some features to get this operating system request to work. In Apple's latest motion before the court, filed today Feb 26:

    "...The compromised operating system that the government demands would require significant resources and effort to develop. Although it is difficult to estimate, because it has never been done before, the design, creation, validation, and deployment of the software likely would necessitate six to ten Apple engineers and employees dedicating a very substantial portion of their time for a minimum of two weeks, and likely as many as four weeks. Members of the team would include engineers from Apple’s core operating system group, a quality assurance engineer, a project manager, and either a document writer or a tool writer..."

    "...The first step in the process would be for Apple to design and create an operating system that can accomplish what the government wants. No such operating system currently exists with this combination of features. Moreover, Apple cannot simply remove a few lines of code from existing operating systems. Rather, Apple will need to design and implement untested functionality in order to allow the capability to enter passcodes into the device electronically in the manner that the government describes..."

    (from https://www.lawfareblog.com/ap...)

  13. Re:Not very secure by argumentsockpuppet · · Score: 1

    It isn't quite that easy. There is a question response validation process that the system providing the firmware has to process correctly, using a unique variable in each process, requiring Apple's signing key.

    I'm not saying it couldn't be possible some other way, just that there isn't a publicly known one.

  14. Re:Can the FBI force a landlord to help search? by AHuxley · · Score: 1

    Re: "... can they force the landlord to personally assist them in the search?"
    Think of every home having a fire department key box on a wall by default.
    One standard master key is then given the US federal gov, the staff at the Australia, New Zealand, UK and Canadian embassies under 5 eye terms.
    Later contractors in the US, EU and other nations get a copy too as they are friends with the US gov. Ex staff and former staff get to keep a key too.
    Soon the master keys are for sale.
    Anyone can then just walk in :)

    --
    Domestic spying is now "Benign Information Gathering"
  15. Re:What a waste by PPH · · Score: 1

    I agree.

    I think Apple should comply with the court order. Put their best Chinese software engineers on developing an iPhone crack ASAP.

    --
    Have gnu, will travel.
  16. Re:Not very secure by AHuxley · · Score: 2

    The world now knows about PRISM https://en.wikipedia.org/wiki/... and how helpful US brands can be.
    This will just make domestic collect it all legal in open domestic courts. No more parallel construction, raw signals intelligence from any phone is US court ready.
    Re "It will only be used once and once it exists they won't be forced to repeat or release the tool"
    Apple reveals other FBI demands for iPhone unlocking around U.S. (02/23/2016 )
    http://www.mercurynews.com/cri...

    --
    Domestic spying is now "Benign Information Gathering"
  17. How odd... by koan · · Score: 2

    All the corps whose services and devices you should never use.

    --
    "If any question why we died, Tell them because our fathers lied."
  18. Re: Stop being fooled !! It's just a Dog and Pony by AHuxley · · Score: 2, Interesting

    Re 'a nation wide campaign to encrypt all basic communications"
    Considering most UK and US political leaders did not have any issues with VPN use or more https, thats going to be interesting.
    The 5 eye nation's security services seem very happy for people to keep feeling secure using https and VPN's.
    Any code thats a standard seems to be of no challenge to the US and UK once its consumer ready. The only magic is in keeping people trusting their US branded technology. Keep talking, texting, having gps on that phone with a sealed in power supply. The brand is so secure, just like before, during and after PRISM.

    --
    Domestic spying is now "Benign Information Gathering"
  19. Leaked firmware can not be reused ... by perpenso · · Score: 3, Interesting

    The court order asks apple to produce the compromised firmware, load it on the phone and then hand the phone to the fbi. From there the fbi will extract the firmware and use it on any other 5c or compatible they want to crack. And it will leak.

    It Apple hacks up the passcode code they can also add code to limit the firmware to this one particular phone. Once digitally signed the FBI and black hats could no more make this work on a different phone than they could have hacked up the passcode code themselves. Apple's digital signature prevents any tampering at all. There need not be any threat to any other 5c.

    The real problem is that if one judge in one case can compel Apple to provide such technical assistance then any judge in any case can also do so. The government's claim this is a one-time thing is bogus.

    1. Re:Leaked firmware can not be reused ... by AmiMoJo · · Score: 1

      It's worth reading what Apple's lawyers wrote, it;'s quite insightful.

      They would need to put a lot of effort into development. A bug could wipe or otherwise damage the phone, so it needs to be carefully tested. They would have to interface with the FBI's cracking software, or write it for them.

      Once it exists, other law enforcement agencies will want to use it. Apple has a choice: keep the source code around, in which case it is at risk of being stolen by various hackers and state agencies, or delete it and start from scratch for the next request.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    2. Re: Leaked firmware can not be reused ... by ljw1004 · · Score: 2

      The real problem is that if the FBI establish this precedent, next it will be the Chinese Government demanding the same for the phone of a US Embassy employee they suspect of being a CIA agent (upon pain of Apple being disallowed from further business in China).

    3. Re:Leaked firmware can not be reused ... by Richard_at_work · · Score: 1

      Apple has a choice: keep the source code around, in which case it is at risk of being stolen by various hackers and state agencies, or delete it and start from scratch for the next request.

      Well, we haven't seem Apples master signing keys leaked yet, so just store the source code with them, with a similar process chain to access it. They already store something which would be devastating to iPhone security if released, so that's not really all that much of a good argument imho.

    4. Re:Leaked firmware can not be reused ... by Jason+Levine · · Score: 1

      And you still have the problem of other law enforcement agencies wanting their own "just for a single phone" releases. The FBI has already admitted to having hundreds of requests lined up and ready for when this precedent is set. Other police departments have their own lists. Other countries doubtlessly are waiting to see if Apple caves. If you think that this will end with this one phone then you are hopelessly naive. If Apple complies with "this one phone", they'll be flooded with requests for additional unlockings.

      --
      My sci-fi novel, Ghost Thief, is now available from Amazon.com.
    5. Re:Leaked firmware can not be reused ... by Richard_at_work · · Score: 1

      No, I don't think this will end with a single phone being unlocked, and I damn well don't give a damn that it won't - if Apple complies with this request, then there is a legal basis for other requests as well. That's how the legal system works.

      And no, I don't have a problem with that - if there is a warrant or a court agreement, then I don't see why a phone shouldn't be unlocked on demand. In the US or in other countries.

    6. Re:Leaked firmware can not be reused ... by GerbilKor · · Score: 1

      It's true that the firmware would be limited to a specific device, and the precedent is far more dangerous than the code itself. However no system is perfect. There is at least some chance that some exploit could be derived from the custom firmware that helps break the security of other devices. A (not perfect) analogy would be giving out the combination to your home safe because, since your doors are locked, you assume no one will get a chance to access the safe.

    7. Re:Leaked firmware can not be reused ... by perpenso · · Score: 1

      It's true that the firmware would be limited to a specific device, and the precedent is far more dangerous than the code itself. However no system is perfect. There is at least some chance that some exploit could be derived from the custom firmware that helps break the security of other devices. A (not perfect) analogy would be giving out the combination to your home safe because, since your doors are locked, you assume no one will get a chance to access the safe.

      I doubt there is any shortage of people working for the FBI, or any shortage of black hats, that could develop exploits by disassembling the current passcode code and studying it. I think these folks would probably come up with changes similar to Apple's on their own. Apple does not have more technical skill in this regard, the source code a convenience. All Apple really has is the digital signature that the hardware is expecting to see on the code. And of course the ability to move functionality from software/firmware to silicon, to embed it into the processors themselves where it is unpatchable.

    8. Re:Leaked firmware can not be reused ... by perpenso · · Score: 1

      It's worth reading what Apple's lawyers wrote, it;'s quite insightful.

      Frankly like most stuff written by lawyers when they are trying to influence perception its a bit of "exaggeration".

      They would need to put a lot of effort into development.

      Two weeks they say, fine, bill the FBI for the time.

      A bug could wipe or otherwise damage the phone, so it needs to be carefully tested.

      That's already part of the two week estimate. And frankly such bugs are the FBI's problem not Apples. The FBI needs to do testing and sign off on it, the FBI has the technical expertise to do so.

      They would have to interface with the FBI's cracking software, or write it for them.

      Again, already part of Apple's two week estimate. And writing it for the FBI is actually Apple's moral obligation to Apple customers **if** this software must be written. That way Apple can put in the code that will limit this updated iOS/firmware to running on only this device. If the FBI is left to write the code no such safeguard will be present.

      Once it exists, other law enforcement agencies will want to use it.

      The real problem.

      Apple has a choice: keep the source code around, in which case it is at risk of being stolen by various hackers and state agencies, or delete it and start from scratch for the next request.

      That is BS. (1) The FBI and black hats could patch iOS or firmware themselves. Apple is only really needed for digitally signing the code so it will be accepted and run by the hardware. (2) The FBI and black hats could disassemble and read any code changes made by Apple without access to source code, source code is simply a convenience. (3) Keeping the source code "secure" is no more difficult than keeping "secure" the encryption key used for signing all approved software/firmware. Its the same problem. (4) Other requests could be fulfilled by Apple even without the source code. Apple, or law enforcement, could patch the binary to change the ID used to limit the code to a single particular device, to allow it to run on a new court designated target of investigation. Again, the only thing Apple is strictly needed for is to digitally sign new software/firmware.

    9. Re: Leaked firmware can not be reused ... by perpenso · · Score: 1

      The real problem is that if the FBI establish this precedent, next it will be the Chinese Government demanding the same for the phone of a US Embassy employee they suspect of being a CIA agent (upon pain of Apple being disallowed from further business in China).

      Actually Apple has some leverage. China wants iPhones, iPads, Macs, etc to be made in China.

      Also Apple could get a US court to order them not to comply, making it a gov't v gov't problem.

    10. Re:Leaked firmware can not be reused ... by Anonymous+Cow+Ward · · Score: 1

      If it was simple for Apple to unlock it, then I would agree with you. However, I don't think the FBI should be able to compel them to create a tool to bypass their own security, and they definitely shouldn't be able to force them to build backdoors so that it could be unlocked on demand.

      --
      Examine even your most deeply held beliefs. Nobody is always right.
  20. Re:Heh by gweihir · · Score: 1

    Well, the only things BG had to contribute was a lot of luck and some sales talent. He never had any real engineering skills or any real understanding of what was going on. (No idea why people think different. You can be a primitive cave-man and get rich in the US. Just look at Trump.) No wonder BG is no longer relevant.

    Incidentally, his retraction (done since then) reads like somebody with a clue explained to him what is actually going on.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  21. Time to create another terrorist attack by kbsoftware · · Score: 5, Interesting

    Oh oh looks like the industry is bushing back against the government. Looks like it's time to create another terrorist attack to make the industry look like they are the bad guys. I know what I'm suggesting here is purely conspiracy but I do believe there is more here than what meets the eye.

    1. Re:Time to create another terrorist attack by penguinoid · · Score: 1

      Wouldn't be hard. All they have to do is modify one of their terrorist sting operations, instead of cops leave the promised weapons (and encrypted devices) at the drop-off point.

      --
      Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  22. You can not find the truth in a legal document ... by Anonymous Coward · · Score: 1

    six to ten Apple engineers and employees dedicating a very substantial portion of their time for a minimum of two weeks, and likely as many as four weeks.

    Given that that is a legal document for court it is likely to be full of exaggeration and misdirection in order to frame things in a manner that Apple wants. An actual engineering document would say something quite different.

    For example there is no need to input the passcode electronically, through the lighting connector presumably. Assuming 5 second per try you only need 14 FBI intern hours to try all 10,000 possible passcodes.

    As for the two weeks of that team's effort. Highly, highly, padded. Certainly includes design document drafts, code reviews, a complete round of QA testing, etc as if this were to be an iOS update for tens of millions of paying customers. Plus there is the unneeded functionality mentioned above that does not need to be designed, written, tested, etc. An experiment on a single device in a lab can skip much of the normal iOS update procedures. Having worked with attorneys on just this sort of thing, telling a hostile party how much effort something will take, they will be going with the former to maximize the perceived effort to frame their argument as they desire. This is how things work with respect to legal documents.

    Moreover, Apple cannot simply remove a few lines of code from existing operating systems.

    When attorneys write the above they literally mean removing three lines of code. If Apple had to remove 20 lines of existing code they would say their statement is true because 20 is not a few. And if Apple had to add 50 lines of new code to bypass existing code they would say their statement was true because they are adding not removing. Seriously, attorneys pull this kind of crap.

  23. Saying it can be done is not saying it should be by perpenso · · Score: 1

    Frankly, his quotes are him backing the FBI. He disputes Apple, says that they can unlock just THIS phone. He's absolutely siding with the FBI on this.

    There is a difference between saying that the FBI is technically correct that Apple could provide updated signed software/firmware to get past the passcode on this one specific phone, and saying that the FBI should have Apple do this. The former is likely a technical fact. On the 5C the passcode delay is likely implemented in patchable software/firmware, as is enabling the wipe on too many passcode failures. Apple could add code to the software/firmware delivered to the FBI to lock this update to this one particular phone. There would be no general purpose tool to unlock any 5C or similar phone. Apple's digital signature would prevent FBI tampering with this restriction, just as Apple's digital signature prevents the FBI from tampering with the passcode software/firmware in the first place.

  24. Re:Can the FBI force a landlord to help search? by perpenso · · Score: 1

    They could, but that's not what the FBI is asking for. They're asking for a tool that could open any door, without the landlord's help, not this one specific door.

    Apple could limit the updated code to this one particular phone. Such an addition by Apple would be just as untamperable as the passcode entry code today. Untamperable due to Apple's digital signature. So no, it is quite easy for Apple to limit their tool to one and only one door.

    The real problem is that if one court on one case can order such technical assistance from Apple then any court on any case can do so as well. The government's claim that this is a one time thing is bogus. I don't see how they can limit a judge's ability to issue such an order.

  25. Re:You can not find the truth in a legal document by adamstew · · Score: 5, Informative

    Have you read what the court order to apple says? Actually says? I have read the actual court order.

    It says:

    1) It will bypass or disable the auto-erase function.
    2) it will enable the FBI to submit passcodes to the subject device for testing electronically via the physical device port, bluetooth, wifi, or other protocol available.
    3) it will not purposefully introduce any additional delay between passcodes attempts beyond what is incurred by hardware
    4) they are to provide a signed iPhone software file that can be loaded onto the device and run from RAM without modifying the iOS installation on the actual phone, the user data, or system partitions on the device's flash memory

    Source: http://www.ndaa.org/pdf/SB-Sho...

    So yes...they are required to allow for electronic entry of the passcode. And they have to write the software in a way that hasn't been done before... without touching the flash memory on the iPhone. You can not run iOS on the phone "from RAM".

    This is absolutely a new piece of software that they will likely have to start with. Much more complicated than just "removing a few lines of code".

  26. The Crossroads by kheldan · · Score: 1

    I think this issue puts us at the crossroads for the U.S. How this issue shakes out is going to determine the course of many very important issues in the future with regards to civil rights. Personally, I think that if Apple is successfully strong-armed by the federal government into doing what they want, it'll have a very chilling effect on the future of civil rights, privacy rights, and maybe even human rights in general in this country, and perhaps all over the world. Personally, I don't want to have to live in a world where there is literally no privacy whatsoever. We're already too close to that state for my liking, and I'm afraid that if this goes the wrong way, we'll be headed down that road with no way back.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:The Crossroads by spyfrog · · Score: 1

      And since the public seams to side with FBI - if Apple wins this, then they will loose even more in the future. Then you will have laws forcing these kind of backdoor into the phones. This is simply the wrong case to take the fight with. Protecting the privacy of a dead terrorist doesn't win you a political fight. Roll over in this case and find a better case to take the fight over. One that you can win the public in. This is a loosing fight and winning it will only lead to public backlash and laws that give FBI what they want.

    2. Re:The Crossroads by kheldan · · Score: 1

      Roll over in this case and find a better case to take the fight over.

      See, that's exactly the wrong thing to do because it sets a precedent; then the feds can come back later and say "You did this before, you have no excuse not to do it now", or worse, they'll use the precedent to say "See, they're willing to do it when we ask, so they should just make their products so we can bypass it when we want to without having to ask them to help". From there they'd legislate that all companies provide federal backdoors to encrypted devices; then we're cooked, nothing would ever be private or secure ever again.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
  27. Re: Stop being fooled !! It's just a Dog and Pony by hsmith · · Score: 1

    My stock in Alcoa thanks you

  28. Morally it must be done by Apple ... by perpenso · · Score: 1

    Since Apple does not want to do the work for the government... how about the court order Apple turn over all source code to the Government and then the government recompile the firmware?

    No. The FBI would not limit this modified version of the code to a single device. **If** this modified version is to be created it is Apple's duty to its customers to do so to ensure that his modification runs only on a single phone.

    1. Re:Morally it must be done by Apple ... by geekmux · · Score: 2

      Since Apple does not want to do the work for the government... how about the court order Apple turn over all source code to the Government and then the government recompile the firmware?

      No. The FBI would not limit this modified version of the code to a single device. **If** this modified version is to be created it is Apple's duty to its customers to do so to ensure that his modification runs only on a single phone.

      Please stop saying single phone. It's no less of a false statement coming from you than from the government.

      This is about precedent, and as others have pointed out very clearly, if one judge can compel Apple to do this, any judge can.

      Therefore, you'll just have thousands of requests to create a modification that "runs only on a single phone", and the legal requests pouring out of attorney offices will be as cut-and-paste as "this" was.

    2. Re:Morally it must be done by Apple ... by perpenso · · Score: 1

      Perhaps you missed it but I have repeatedly said that the real problem is that if one judge in one case can order Apple's technical assistance then any judge in any case can order it too.

      Yet the simple fact remains. If Apple makes the change then a single instance of the new code is limited to a particular device. If the FBI makes the change then a single instance of the new code can be used on any compatible device. In the Apple scenario a new instance can be created only upon a court order ordering technical assistance from Apple. In the FBI scenario its merely a matter of FBI discretion.

      An instance of the new code can be limited to a device, preventing widespread problems if leaked by law enforcement.

    3. Re:Morally it must be done by Apple ... by geekmux · · Score: 1

      Perhaps you missed it but I have repeatedly said that the real problem is that if one judge in one case can order Apple's technical assistance then any judge in any case can order it too. Yet the simple fact remains. If Apple makes the change then a single instance of the new code is limited to a particular device. If the FBI makes the change then a single instance of the new code can be used on any compatible device. In the Apple scenario a new instance can be created only upon a court order ordering technical assistance from Apple. In the FBI scenario its merely a matter of FBI discretion. An instance of the new code can be limited to a device, preventing widespread problems if leaked by law enforcement.

      Once ANYONE develops a solution and it's used in a single case, legal precedent will ensure it is whored out to every legal office in the country, making the moral aspects or "limitations" of this "one" solution completely pointless, as well as any argument from DOJ about it being limited-use. They're full of shit with that claim, and we both know this. I don't have any warm and fuzzy feelings about Apple being the moral coder here. There's none to be had, and for good reason.

    4. Re:Morally it must be done by Apple ... by perpenso · · Score: 1

      Perhaps you missed it but I have repeatedly said that the real problem is that if one judge in one case can order Apple's technical assistance then any judge in any case can order it too. Yet the simple fact remains. If Apple makes the change then a single instance of the new code is limited to a particular device. If the FBI makes the change then a single instance of the new code can be used on any compatible device. In the Apple scenario a new instance can be created only upon a court order ordering technical assistance from Apple. In the FBI scenario its merely a matter of FBI discretion. An instance of the new code can be limited to a device, preventing widespread problems if leaked by law enforcement.

      Once ANYONE develops a solution and it's used in a single case, legal precedent will ensure it is whored out to every legal office in the country, making the moral aspects or "limitations" of this "one" solution completely pointless, as well as any argument from DOJ about it being limited-use. They're full of shit with that claim, and we both know this. I don't have any warm and fuzzy feelings about Apple being the moral coder here. There's none to be had, and for good reason.

      The fact remains that Apple requiring a court order for every device specific instance is a better situation than allowing any law enforcement agency to just load the new code on any phone at its own discretion. With Apple's involvement there is no universal back door, without Apple's involvement there is. Preventing the later is Apple's moral obligation.

  29. Re: Stop being fooled !! It's just a Dog and Pony by Wovel · · Score: 1

    Awesome...

  30. The enemy of my enemy is my friend.... by erp_consultant · · Score: 3, Interesting

    Make no mistake, they are lining up behind Apple on this because if they don't the FBI will come after them next. It could just as easily been an Android phone or a Microsoft phone or a Facebook account that the FBI wants to get its mitts on. And once that door is open it will never close again.

    The FBI could have chose to negotiate with Apple about this privately but they chose to take it public. Why? As Rahm Emanuel famously once said "never let a crisis go to waste". The government is once again using the excuse of "terrorism" to take away individual freedoms and rights. This is not just about getting into one iPhone. This is about getting into ALL phones. It always starts like this and little by little our freedoms erode.

    Even if the FBI gets past the lock screen all of the data on the phone is encrypted separately. It will be useless to them, assuming there is anything useful on there in the first place. We don't know that. The FBI doesn't know that. Nobody knows that. For all we know there is nothing but Angry Birds on that phone.

    But let's just suppose that we give the FBI the benefit of the doubt and let them crack the phone. How is that going to make us any safer against terrorists? It's the same deal with the NSA. Heck, the TSA for that matter. Gigantic waste of fucking time. Maybe if these idiots would spend less time bickering with the CIA I might cut them some slack. But they can't because they are Federal drones, programmed to engage in political infighting, waste, fraud, and general dick-headery.

    I used to do consulting work for the Feds. Every place I went was more or less the same. The managers were almost uniformly stone cold morons. Whose bosses were politicians that wouldn't know efficient business practice if it kicked them square in the nuts. I went in hoping to change things for the better. I left vowing never to return no matter how much they offered to pay me. It was a shock something akin to someone that gets their first hospital bill. You know it's going to be bad but you have no idea until you experience it for yourself.

  31. Re: maybe if apple paid their fair taxes... by Wovel · · Score: 1

    People also tend to forget that Apple does legally avoid taxes where possible, but they are the #1 or #2 tax payer in the US. No other organization or person pays more or much more since over the past few years occasionally XOM goes a bit higher.

    However , they still have to do business in the US so they would be subject to US laws wherever they went and they would still have to pay US taxes on all of their US business...

  32. Re:What a waste by Wovel · · Score: 1

    Sorry what?

  33. Re: Stop being fooled !! It's just a Dog and Pony by AmiMoJo · · Score: 1

    It's a question of understanding who your adversaries are and what your goal is.

    For example, the UK is trying to bring in new laws requiring ISPs to spy on customers and keep logs of their activities, to be turned over the local government, Trading Standards, the police and various other bodies on demand. A VPN is highly effective at frustrating this kind of spying, because all the ISP can see is a VPN connection. It still leaks some metadata, such as times when the connection is active, but it's vastly better than having every site you visit and every service you use logged and handed over on request.

    If you are worried about GCHQ then yes, you need to take further precautions. But as basic protection against the bulk of the abuse, a VPN from a reputable company is quite effective.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  34. Re:Not very secure by Anonymous Coward · · Score: 1

    My guess is, you strap 'ol Tim to a waterboard and you'll get it much faster.

    Regardless of the outcome of the waterboarding session, it would sound the death knell for US capitalism.

  35. That's noble.. by JohnStock · · Score: 1

    ..but how about paying your damn taxes?

  36. Re: Stop being fooled !! It's just a Dog and Pony by JRV31 · · Score: 1

    Apple, Microsoft, Google and Facebook all want to protect your privacy, from everyone but themselves.

  37. Re: Stop being fooled !! It's just a Dog and Pony by currently_awake · · Score: 1

    We don't need perfect security, just good enough to make the barrier to entry for government that they will only spy on us when they "NEED TO", instead of when they "FEEL LIKE IT".

  38. One argument: "How bad is the threat - REALLY?" by darkonc · · Score: 1
    Terrorism is spectacular and newsworthy -- but it's spectacular and newsworthy because it's so rare.

    Since 9/11, American deaths by terror have averaged about 12 per year worldwide. That puts terrorism right up there with lightning strikes.

    Even if there were a 9/11 class attack in the US every year, it wouldn't hold a candle to drunk driving deaths. -- but drunk driving deaths don't make the news because they're so common. It's the fallacy of the news cycle -- to be national news it has to be rare. More common threats of tragic death don't make the news because they've become so blase.

    If we're going to have our civil rights watered down, it should, at the very least, be because of a real threat. The courts should be asked to set aside the news reports and demand that the FBI quantify the reality of the threat compared to normal everyday issues. If apple is forced to create this app, the app and it's ilk are going to creep into everyday use by law enforcement and other entities -- here, Russia, China, Iran, Syria and pretty much every dictatorship you can think of.

    Would you consider it justified to force Apple to create this app and set this precedent to investigate a drunk driver?? Even though a drunk driver is far more of a threat to you and your family? It's time to put this whole terrorism hysteria into proper perspective. We shouldn't continue to allow it to be used to nibble away at our freedoms until there is nothing left -- especially for a 'threat' that is more of a PR issue than a statistical reality.

    --
    Sometimes boldness is in fashion. Sometimes only the brave will be bold.
  39. Apple Brief here by Etherwalk · · Score: 1

    The apple brief is available here: https://cryptome.org/2016/02/u...

    Ted Olson (solicitor general to the United States under Bush) is on-brief.

  40. Re:maybe if apple paid their fair taxes... by Anonymous+Cow+Ward · · Score: 1

    What is a "fair" amount of tax? As far as I know, they are complying with the laws as written. Why would they voluntarily pay more than they need to? Most citizens don't intentionally do that, so why would a company?

    --
    Examine even your most deeply held beliefs. Nobody is always right.