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New Legislation Would Ban US Government From Purchasing Apple Products (arstechnica.com)

HughPickens.com writes: Cyrus Farivar reports at ArsTechnica that Congressman David Jolly has introduced the "No Taxpayer Support for Apple Act," a bill that would forbid federal agencies from purchasing Apple products until the company cooperates with the federal court order to assist the unlocking of a seized iPhone 5C associated with the San Bernardino terrorist attack. "Taxpayers should not be subsidizing a company that refuses to cooperate in a terror investigation that left 14 Americans dead on American soil," said Jolly, who announced in 2015 that he's running for Senate, joining the crowded GOP primary field to replace Sen. Marco Rubio. "Following the horrific events of September 11, 2001, every citizen and every company was willing to do whatever it took to side with law enforcement and defeat terror. It's time Apple shows that same conviction to further protect our nation today." Jolly's bill echoes a call from Donald Trump last month to boycott Apple until it agrees to assist the FBI. Not to fear, GovTrack gives Jolly's bill a 1% chance of being enacted.

29 of 296 comments (clear)

  1. Even better reason by 110010001000 · · Score: 2, Insightful

    I have an ever better reason the Government should be banned from buying Apple (or Microsoft): It ain't Open. You are "buying" a walled garden full of security holes and endless paid upgrades. The Government should only be purchasing truly Open systems.

    1. Re:Even better reason by Grishnakh · · Score: 5, Interesting

      I'm all for open systems, but there's a slight problem here: this is mainly about smartphones, not PCs, and there aren't exactly a lot of open options here.

      Of course, you would think that with the size of the US Government, they could work out a deal with Samsung or one of the Android phone makers to supply bare phones which could then be flashed with a government-made version of Android or AOSP, similar to CyanogenMod. But by the same token, the government could certainly do this for their PCs too, making their own custom Linux distro.

      But instead, the Government is doubling down on crippled, closed, proprietary platforms that the Government has almost zero control over: Windows 10 on PCs/laptops and Apple iPhones.

      And it's not like other countries' governments are doing much better (though they wouldn't have the economies of scale the USG has, except maybe China). At best, we're seeing some European municipalities adopting Linux but that's about it.

    2. Re:Even better reason by Archangel+Michael · · Score: 3, Insightful

      Android is more or less open.

      IMHO, for those that think along these lines, why not have the US government contract out the design and build of their own Smart Phone. That way, they can really tell everyone where to go. And with Android, they could probably do it fairly easily.

      FYI, I was half expecting the guy to be a (D), but noticed he was an (R). Which is why I I would never vote for anyone in either party.

      --
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    3. Re:Even better reason by Anonymous Coward · · Score: 4, Insightful

      No, I think if the US Government mandated Open systems there would be a long line of manufactures filing lawsuits to get that mandate overturned.

    4. Re:Even better reason by scarboni888 · · Score: 3, Insightful

      You know that resorting to the use of the word 'fuck' is a signal to your enemies that you've given up, right?

    5. Re:Even better reason by jxander · · Score: 3, Interesting

      But ... the reason for this hall of fame hissy fit is that the phone is *too* secure. They can't break into it, so they're gonna show apple who's boss and stop buying their stuff

      When really, this is the exact opposite of the correct response. If the iPhone is so secure that the FBI is having to run through all this legal crap to even get an attempt at breaking in (which still might fail) the gubmint should be switching to iPhones across the board.

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    6. Re: Even better reason by cyber-vandal · · Score: 2

      Linux doesn't run all the other Windows only software that they use. Do you think the uptake on the desktop of Linux, something that costs nothing and has been around for 2 decades, would be so low if it was a just drop in replacement?

  2. Tantrums by s.petry · · Score: 4, Insightful

    I really wish people like this got booted out of office by the fed up constituency. How much tax payer money was just wasted on drafting this piece of worthless paper? I fully realize how fed up and cynical I have become.

    --

    -The wise argue that there are few absolutes, the fool argues that there are no probabilities.

    1. Re:Tantrums by twotacocombo · · Score: 2

      I really wish people like this got booted out of office by the fed up constituency.

      I really wish people this empty-headed never got voted into office in the first place. It's much easier to not let them in than it is to kick them out.

    2. Re:Tantrums by Darinbob · · Score: 2

      He may be too young to really remember 9/11. What I remember is that congress jumped and did exactly everything the government asked for and we ended up going to war with two countries that we still haven't managed to extricate ourselves from, hundreds of thousands of people are dead, terrorism is now rampant primarily due to US actions, we have many failed states in its wake, and plenty of politicians will readily admit that they made a mistake when authorizing military action. So now we have a dumb congressman asking us to again blindly obey?

    3. Re:Tantrums by Darinbob · · Score: 2

      They lack skills for the real world though. "I'm sorry David, you just don't seem to be cut out for a career here at Dairy Queen. Have you considered make a moving to politics?"

    4. Re:Tantrums by Calydor · · Score: 3, Insightful

      Just yesterday I was playing FF14, doing a bit of crafting, and had just a 1% chance of my craft turning out to be high quality.

      And it happened.

      See, 1% is indeed a very small chance - but it is still a chance, and therein lies the problem.

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  3. Bill of Attainder by Anonymous Coward · · Score: 5, Interesting

    That is a bill of attainder and is unconstitutional.

    1. Re:Bill of Attainder by ClickOnThis · · Score: 2, Informative

      That is a bill of attainder and is unconstitutional.

      From Google:

      at-tain-der (noun historical) the forfeiture of land and civil rights suffered as a consequence of a sentence of death for treason or felony.

      I understand the incredulous response to this proposed legislation, but calling it a bill of attainder is a gross exaggeration.

      --
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    2. Re:Bill of Attainder by Krishnoid · · Score: 4, Informative

      I think a "bill of attainder" has a different legal definition, though.

    3. Re:Bill of Attainder by Anonymous Coward · · Score: 3, Informative

      As I understand it, bill of attainder is a law that targets a person or group by declaring them guilty of a crime along with some punishment. It was abused by the British Monarchy prior to the Revolutionary War, and resulted in a Constitutional ban on all such laws. Article I, section 9, clause 3:

      No Bill of Attainder or ex post facto Law shall be passed.

      The last time I heard the term "bill of attander" in the news was the Palm Sunday Compromise ten years ago, when supposed state-rights Republicans rushed a bill through Congress to tear a case out of state court and move it into Federal court-- specifically to address a single individual (and simultaneously pander to the same base who today have largely become Trumpkins). This was about a fight between parents who wanted to pull the plug on their daughter in a coma (in accordance with her wishes) vs. rando evangelicals who wanted to keep her alive, because Jesus.

      The big news at the time was that this amounted to a bill of attainder, which is when I was like "what the heck is that"...

      Turns out you can't write laws to punish individuals or groups directly... which is why so many laws are written by lobbyists to narrowly describe situations/scenarios/qualities that happen to affect only one group.

    4. Re:Bill of Attainder by ClickOnThis · · Score: 2

      The bill proposes a boycott of Apple by the government. That's not the same as a seizure of Apple's assets, or a denial of their rights.

      I want to be clear: I think this bill is wrong, and I hope it will be defeated. But it is not a bill of attainder.

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      If it weren't for deadlines, nothing would be late.
    5. Re:Bill of Attainder by Holi · · Score: 4, Informative

      from google:

      A bill of attainder (also known as an act of attainder or writ of attainder or bill of pains and penalties) is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them, often without a trial.

      --
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  4. Catch 22 by DeadDecoy · · Score: 4, Insightful

    Ironically, if Apple does comply with the federal request, they should be banned on grounds that their hardware is no longer secure.

  5. I thought it had got as silly as it could, but... by MrKrillls · · Score: 3, Insightful
    First I read about seized iPhone may hold “dormant cyber pathogen” http://arstechnica.com/tech-po... , and now, this new idiot.

    The stupidity is strong here.

    --
    Don't step on the baby.
  6. Revert to 1990s control of encryption by cyberspittle · · Score: 4, Interesting

    One thing the govt can always do, whether we like it or not, is revert to the control of encryption that was common in the 1990s and earlier. They could, by law, restrict encryption for export, etc. One reason Apple should not push to hard, but then again Apple has no problem providing all kinds of decryption support in China.

  7. Apple should just move by the_other_one · · Score: 3, Insightful

    Close all offices and manufacturing in the US and go. The US does not need all those jobs and taxes.

    --
    134340: I am not a number. I am a free planet!
  8. Warnings by Anonymous Coward · · Score: 2, Funny

    All tech products sold with poor encryption should have the following warning in a large font:

    WARNING:

    This data is stored on a US server, using INTENTIONALLY WEAK ENCRYPTION which is EASILY BYPASSED.

    Users are advised NOT to store anything PERSONALLY IDENTIFIABLE.

    Users assume ALL RISK for any IDENTITY THEFT.

    Users are ENCOURAGED to purchase IDENTITY THEFT PROTECTION INSURANCE. Note that this insurance may also be hosted in the US and may be INEFFECTIVE.

    Users are requested to use a CREDIT CARD for ALL PURCHASES and review statements monthly for suspicious activity.

  9. It's a shame the police state is taking over by evilviper · · Score: 5, Interesting

    The US was founded upon fear of an excessively powerful central government, as the British crown was seen massively abusing their power. So strong protections were built-in that weakened law enforcement for the benefit of civil liberties. There have always been other systems of government that are slightly more effective at catching or prosecuting criminals, but Americans knew, for hundreds of years, those trade-offs weren't worth it.

    The limiting of government power was so ingrained that the US seems to be the only major nation without a state broadcaster. Outside the US, everybody in the world knows the VOA, but they are NOT allowed to operate inside the US at all. We believed the ability of the current government to directly influence the electorate, was too much power and control to give to our representatives, and settled on allowing only operation on foreign soil, with aggressive protections against even incidental domestic operation.

    A warrant, today, gets the FBI exactly the same information it did 50 years ago... They can tap and record all the calls that occur after the warrant is issued, get a log of all previous calls that were made, etc.

    Computers have made US law enforcement lazy. They expect they can get a warrant and will automatically be handed an archive with the contents of ALL of your communications for the past several YEARS. The information they got with a warrant decades ago is no longer good enough for them, and they're going to insist on the power they've gotten accustomed to, and refuse to allow privacy to make a comeback.

    Remember, it was only a year ago that the entire contents of your phone were siphoned off by the police whenever you were pulled over just for speeding. This was done under the laws that allows them to look for weapons in the vicinity that you might be able to reach for, and which got extended to allow into evidence incriminating documents that just happened to be found in the process of searching for weapons.

    And what did the police do with their gigabytes of all your personal information they siphoned off your phone? Maybe look for patterns of terrorism and drug dealing? No. Why they instead they thought it would be a good idea to look for any nude photos you might have, and share them with their friends. Hooray for law enforcement keeping us all safe!

    The San Bernardino case is pretty damn obviously worthless, too. The FBI has already FAILED to protect the public. The shooters already carried out their attacks, and were shot dead. FBI and Homeland Security failed miserably to identify them as threats, despite there being ample publicly available information to identify them as ISIL sympathizers. It's the same story as the 9/11 attacks all over again. Homeland Security had MORE INFORMATION than they were able to process and deal with, yet they use attacks as a lame excuse to expand their power, their budget, and get access to much more information, which again, they don't have any hope of being able to process in a timely manner.

    Homeland Security has become better and better at revealing details after the fact, but is still useless at identifying individuals who pose a threat before they can carry out their plans to murder people. Apple unlocking iPhones for the FBI is more of the same... It won't possibly help identify future threats, it'll just be a little bit more information the FBI can publish about their past.

    This was settled back in the early 90s with the PGP case. Code for encryption programs falls under the constitutional protections of freedom of speech. A new federal law or court ruling cannot override constitutional rights, and there's absolutely no hope of

    It's a shame Homeland Security has gone so far the wrong way. Part of the NSA's purview is to help IMPROVE our domestic security against attack and interception by foreign governments. Under a cloud of p

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  10. Re:Don't do this one by hyades1 · · Score: 2

    Apparently, in spite of FBI denials, New York police have dozens of similar requests waiting for this one to set the precedent they're waiting for. Would one of those be a battle more to your taste?

    Maybe you'd prefer that we all just roll over and let the warm, fuzzy people from the letter agencies scratch our tummies. Because let's face it, if you can't trust the people brought to you by J. Edgar Hoover, who can you trust?

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
  11. Not stupid, just knowing their constituents well. by Bruce66423 · · Score: 2

    Sadly an elected official is only accountable to the people who vote for them. Therefore doing something which 98% of the world's population regards as stupid, but which will play well in your constituency, is not a sign of stupidity, it's a sign of being in tune with your electorate. It's for this reason that democracy is quite such a painful process. The reality is that most of our elected representatives aren't stupid, they just know exactly what will get them reelected.

  12. Re:Best Ever! by CCarrot · · Score: 2

    Don't do it!

    ...frig. Thanks for the annoying earworm just before bedtime! >:(

    I can see why it was banned...

    --
    "I love animals! Some are cute, others are tasty, what's not to like?" - Betsy Schroeder, Jeopardy contestant
  13. Re:what a knob by scarboni888 · · Score: 3, Insightful

    "what more is there to say"

    "The terrorists who committed the crime are already dead so what the fuck is all this bullshit really about?"

    sorry, does a question count?

  14. Re:someone start a petition to by lucm · · Score: 2

    publicly execute David Jolly

    I've seen idiotic behavior from fanbois before but that's up there for sure.

    This whole situation is hilarious. The same people who were crying for more gun control from the feds are now crying because the feds want Apple to unlock the iPhone of a known dead terrorist. Cognitive dissonance much?

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    lucm, indeed.