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Obama: Government Can't Let Smartphones Be 'Black Boxes' (bloomberg.com)

JoeyRox writes: President Obama said Friday that smartphones -- like the iPhone the FBI is trying to force Apple to help it hack -- can't be allowed to be "black boxes," inaccessible to the government. He believes technology companies should work with the government on encryption rather than leaving the issue for Congress to decide. He went on to say, "If your argument is strong encryption no matter what, and we can and should create black boxes, that I think does not strike the kind of balance we have lived with for 200, 300 years, and it's fetishizing our phones above every other value." Obama's appearance on Friday at the event known as SXSW, the first by a sitting president, comes as the FBI tries to force Apple to help investigators access an iPhone used by one of the assailants in December's deadly San Bernardino, California, terror attack. "The question we now have to ask is, if technologically it is possible to make an impenetrable device or system, where the encryption is so strong there's no key, there's no door at all, then how do we apprehend the child pornographer? How do we solve or disrupt a terrorist plot?" Obama said. "If in fact you can't crack that at all, government can't get in, then everybody's walking around with a Swiss bank account in their pocket." He said compromise is possible and the technology industry must help design it.

546 comments

  1. For a constitutional lawyer... by Anonymous Coward · · Score: 5, Insightful

    He seems pretty lax on allowing writs of attainder and not upholding the fourth amendment.

    1. Re:For a constitutional lawyer... by hey! · · Score: 4, Insightful

      In the case of the San Bernadino phone, that is in the FBI's lawful possession. They have the lawful authority to search the phone, but not the technical ability or (very likely) the legal authority to compel Apple to provide them with the technical ability.

      It's very important to get all this stuff straight, because if you get it wrong you either hamper the government in the exercise of its important legitimate duties, OR you open the door to all kinds of illegitimate activities.

      The government has all kinds of powers that are very easy to abuse; but generally (and this is a key point) it is constrained in using those powers. The police can bash down your door and invade your house with drawn weapons -- but only if they have a warrant. Now you may argue that even with warrants they're often abusing their power, and I'd agree with you. That doesn't mean I don't think they should ever be able to do that.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    2. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Relax.

      He's just being progressive.

    3. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 2, Funny

      It's a good thing a democrat is saying this. Can you imagine the horrors of a republican saying the same thing?

    4. Re:For a constitutional lawyer... by rmdingler · · Score: 1

      "That doesn't mean I don't think they should ever be able to do that."

      During the Posty's (Postees?) Awards, I would expect to see this one winning a category named "This year's most ambiguous lines."

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

      Ernest Hemingway

    5. Re:For a constitutional lawyer... by TheGavster · · Score: 4, Interesting

      In the case of the San Bernadino phone, that is in the FBI's lawful possession.

      I've seen this statement made several times during this debate, and wonder where it came from. While the owner of the phone is dead, presumably it along with his (or her? do we know which shooter's phone it is?) other possessions passed to their estate. Perhaps it was taken as evidence, but evidence is taken for protection from alteration until it can be presented in court, not as the property of the state (and even in the case of evidence, what trial is it being held for? We know who did it, and it is unlikely they will ever be indicted since they died in the act). Is this some interesting new application of civil forfeiture?

      --
      "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
    6. Re:For a constitutional lawyer... by Plus1Entropy · · Score: 1

      Nah, a Republican would say we should torture the phone until it gives us the access code.

      --
      Only crack the nuts that crack. You don't put the ones that don't crack in the sack.
    7. Re:For a constitutional lawyer... by brunes69 · · Score: 5, Insightful

      The idea that the FBI does not have the technical capability to do this is total bollocks and has been disproven many times. In fact there are private companies who have already offered to help them do it. However the process is expensive and not scale able en masse - which is exactly why the FBI is pursuing this case. They have no interest in unlocking ONE phone. They want to unlock ALL phones, whenever they want.

    8. Re:For a constitutional lawyer... by Dunbal · · Score: 5, Interesting

      the legal authority to compel Apple to provide them with the technical ability.

      IANAL and even I can tell it doesn't work that way. Since when can the government grab a doctor and order him to perform an autopsy for a trial? Since when can the government grab a lab tech and order him to run lab tests? The government sources its OWN people for this - the coroner works for the state and the court, and as such has the last word - the state's word. While the government might not actually run labs itself it contracts them to work for it under a voluntary business arrangement, not using courts to bully them into it.

      If the government does not have the technical ability, it's up to the government to hire - HIRE someone who does. Usually a third party. Not use a court order to try to "force" someone who does. Apple has done no wrong, Apple did not commit the crime, Apple has absolutely no responsibility for what happened. Why do they have to be "forced" into anything, let alone give up trade secrets and IP?

      --
      Seven puppies were harmed during the making of this post.
    9. Re:For a constitutional lawyer... by Spazmania · · Score: 1

      Does the government have the authority to commandeer Apple's code-signing key so that the phone will accept software built by the government?

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    10. Re:For a constitutional lawyer... by fustakrakich · · Score: 1

      The police can bash down your door and invade your house with drawn weapons -- but only if they have a warrant. Now you may argue that even with warrants they're often abusing their power, and I'd agree with you. That doesn't mean I don't think they should ever be able to do that.

      Are you really ready to deny me the right to build my impenetrable fortress? Let's all remember, 'legitimate' 'reasonable' and 'probable' is determined by consensus, very expensive lawyers, a coin toss, and the majority of people who vote (implied consent, which applies to the 49% also), not necessarily objective irrefutable fact. It's a slippery fish.

      --
      “He’s not deformed, he’s just drunk!”
    11. Re:For a constitutional lawyer... by Brett+Buck · · Score: 3, Informative

      Obama is not a constitutional lawyer. He edited the Harvard Law review but contributed no articles and had no profile or discernible influence.

    12. Re:For a constitutional lawyer... by ShaunC · · Score: 4, Informative

      The phone was issued to him by his employer, the County of San Bernardino. The government owns the phone. I presume they've surrendered it to the FBI voluntarily.

      --
      Thanks to the War on Drugs, it's easier to buy meth than it is to buy cold medicine!
    13. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 1

      The owner of this particular phone is the employer, one of the departments of the San Bernadino government.

      Your heirs don't get any rights to your work computer or work phone.

    14. Re:For a constitutional lawyer... by Bite+The+Pillow · · Score: 1

      "Many times" is more than I have read. Snowden has said the inability is BS. Combined, it means nothing.

      Details?

    15. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 1

      Im not really understanding why Apple cant just say "give us the phone, we'll decrypt it and give it back"
      Why the need to be able to crack all phones, so they can get into this one?

    16. Re:For a constitutional lawyer... by dbreeze · · Score: 1

      As though we needed that information to determine that Obama is no damned constitutional lawyer...

      --
      When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
    17. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      The agents of the government & law enforcement abuse those powers all the time and with little or no consequence.
      This is another step down the path to the American Stasi

    18. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Why should the government be able to use a court order to FORCE telephone companies to turn over their cell tower connection records during criminal investigations? Compelling their workers to assist the court is tantamount to SLAVERY. Verizon did no wrong. Why should they be answerable to a subpoena? What if they have no way of searching their database to extract that information? Should they be COMPELLED to write a special tool or script to get the information?

    19. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 1

      The GOP are already forcing doctors in many Red states to lie to female patients about the effects of terminating pregnancies and also to conduct unnecessary exams during abortion procedures.

    20. Re:For a constitutional lawyer... by joshki · · Score: 5, Interesting

      Find it in the Constitution. If it's not there (I'll help you out -- it's not), then the authority does not exist.

      --
      I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
    21. Re:For a constitutional lawyer... by koan · · Score: 1

      Snowden disagrees with you, he says it is entirely possible for the FBI to gain access to the phone.

      Now who do you think I'm going to believe?

      It's all theater, eventually even you will figure this out.

      --
      "If any question why we died, Tell them because our fathers lied."
    22. Re:For a constitutional lawyer... by Applehu+Akbar · · Score: 1

      Because the FBI could accomplish any of the above tasks by contracting with workers freely, trying to establish a power to force workers to do these things is nothing but dick-waving.

    23. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 5, Interesting

      "They want to unlock ALL phones, whenever they want."

      That is EXACTLY why our phones and other devices NEED to be "black boxes" that NO ONE can break into without the encryption key. And there should be no legal way to force anyone to reveal an encryption key!

      What these folks are ignoring (and hoping that we don't know about or care about) is the FACT that a backdoor for government is a backdoor for hackers and corrupt corporations as well!!! Encryption that is compromised by backdoors cannot be secure from everyone but the government. Others will always find and use those backdoors. The only answer is for there to be no backdoors! NONE! EVER!!

    24. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      They can cut open the chip and go through it layer by layer. It's extremely expensive, slow, and error prone but there are companies that regularly do it and the 3-letter government agencies have the equipment and skills to do it themselves.

    25. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 1

      He was a constitutional lawyer ON PAPER. A quick look at his resume will show you that he NEVER had one single achievement in his field and that his professional experience was mediocre at best.

    26. Re:For a constitutional lawyer... by Dunbal · · Score: 2

      The government does not force telephone companies to turn over records. They ask them to. And the telephone company complies. Because if they don't, then the FBI sends goons around to seize the records. See - ultimately the FBI (ie the government) has to do the work. Since telephone companies don't (or didn't used to) like FBI agents running around seizing records all the time, they comply.

      However this time the government isn't asking the telephone company to turn over records, it's asking the telephone company to build a new trunk line, free of charge.

      --
      Seven puppies were harmed during the making of this post.
    27. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      (Insert unnecessary, irrelevant and cliché'd political bullet point here because I really have nothing at all to add to the conversation so I'll just add to the noise)

      Shouldn't you be outside in Chicago protesting a Trump rally?

    28. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      The FBI should be going after the owner of the device for access to it.

    29. Re:For a constitutional lawyer... by roman_mir · · Score: 1

      hamper the government in the exercise of its important legitimate duties

      - AFAIC there are no legitimate government authorities, all of their authorities are illegitimate, I disagree with every single authority they have usurped.

    30. Re:For a constitutional lawyer... by LynnwoodRooster · · Score: 1

      To be honest, he's not really that interested in any of the amendments. Or even the original Constitution.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    31. Re:For a constitutional lawyer... by ArsonSmith · · Score: 1

      Was that phone traded across state lines? If not, Are Apples phones ever traded across state lines? It has precedent.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    32. Re:For a constitutional lawyer... by hey! · · Score: 1

      What? The negation of a negation of a reified proposition? I should think that would be child's play for this crowd.

      How about this: I might think they should sometimes be able to do this.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    33. Re:For a constitutional lawyer... by Desler · · Score: 1

      Cool story, bro.

    34. Re:For a constitutional lawyer... by hey! · · Score: 1

      I actually think so to; I was just summarizing the FBI's ostensible case, which is based on what they admit is possible.

      I suspect there might be some legitimate reasons to prefer Apple to do it, but I know there are illegitimate reasons. But of course you can't prove anything either way. But it may be possible to address the legitimate needs while thwarting the illegitimate ones.

      For example I have heard the suggestion that Apple make the weakened version of the OS, but never give it to the government; instead if the FBI had a court order Apple would take physical custody of the phone, extract the data in a restricted area of its campus.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    35. Re:For a constitutional lawyer... by hey! · · Score: 1

      You know iPhone model after the one we're talking about is much, much harder for governments to break into because of its crypto coprocessor, and such things may become both more common and even harder to penetrate in the future.

      The FBI gets a lot of secondary "benefits" (I used that term advisedly) if they win here. They get a legal precedent that says vendors are obligated to help them break security. That's huge. They get an authentically signed insecure version of iOS -- think what they could do with that.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    36. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      A Constitutional lawyer serving as the Commander in Chief (in name only...) of the CIA where a publicly visible, encrypted puzzle has remained uncracked for over 25 years.

      https://en.wikipedia.org/wiki/Kryptos#Solution_of_passage_4

      I hope that every fool that voted for Obama is starting to realize the kind of big, nanny state government that they elected. If big brother cannot read your phone, then how can they help you out? I'm sure a secret court would never use this tool to secretly enable the decryption of phone "metadata" whenever they felt it was convenient (kind of like how they'd never allow copious amounts of US citizen phone data to be captured).

    37. Re:For a constitutional lawyer... by dryeo · · Score: 2

      Not an American or a lawyer but in a similar common law jurisdiction. One example is the case of an accident with unconscious driver where the police think alcohol was a factor. They can phone a Judge, swear they think alcohol was involved, get a search warrant and ask a Doctor or medical technician to remove blood. The Doctor or medical technician is free to say yes or no.
      So with a warrant, they can ask but not force. They also have to take 2 blood samples and make one available to the defense for independent testing.
      Around here as often as not the Doctors do say no as it usually means too much court time as witnesses.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    38. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      in modern america people only study the constitution to figure out new ways to subvert it

    39. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 1

      Just because something crosses a fucking state line doesn't greenlight tyranny.

    40. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      If they can do what they want with Apple, forcing them to write something that Apple wouldn't want to write, then how much of stretch would it be to force a newspaper reporter to write something that the newspaper reporter wouldn't want to write?

      The Constitution doesn't support this kind of forcing, and it won't be upheld in the courts (if it gets to the Supreme), but the FBI is banking on the right for people to basically give away their rights because defending them is often inconvenient, uncomfortable, and messy.

    41. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      I think does not strike the kind of balance we have lived with for 200, 300 years

      Hmm, I'm going to disagree with that.
      One of the fundamental pillars of our country is the idea that there situations where we have to let the 'bad guys' get away in order to protect the Rights of the rest of us. It doesn't matter if that's the Right to own a gun, or having 100% secure encryption, for some reason Liberals just hate the idea that there's something out there which they can't take away from all of us when it's misused by a few.

    42. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      In the case of the San Bernadino phone, that is in the FBI's lawful possession. They have the lawful authority to search the phone, but not the technical ability or (very likely) the legal authority to compel Apple to provide them with the technical ability.

      Yes, and if Apple demonstrates this ability then it may harm their business.

      Let's look at it another way. Let's say the San Bernardino iPhone was a safe instead. Let's say the safe is rigged with a switch that destroys the contents if the combination dial is turned too many times (without damaging anything external to the safe, of course).

      Should a safe manufacturer be required to chance opening the safe without destroying the contents even though it presents a serious risk to the company for doing so, both physically and in the public eye? I would say in this case that the FBI should go make nice with its bomb-squad friends and figure out how to get access without requiring the safe manufacturer to risk employees (which, if injured, could sue for hundreds of millions in willful harm or thousands in wrongful termination if they refuse [to follow orders]).

      In the case of the San Bernardino iPhone, I think it's fair to say that the FBI should go make nice with the NSA or CIA either of which probably has the software signing key required, the skills to jailbreak, or the connections to inform them about what's on the phone (hint: the ISP and telcos have the pen register, which informs them of who the device contacted without even needing to access the damn phone). This would not require forcing Apple to do work for the government it didn't want to do and not require Apple endanger their business themselves.

      Personally, I think the whole thing is a marketing ploy. Apple and the gov agencies pretend the phone is secure, meanwhile ignoring that jail breaks exist for the phone, and that the iCloud would have backed up the device if the FBI hadn't ordered the password to be reset. That is to say, if the FBI had just taken the phone into the environment it was set to back-up to, it would have made a copy of its files into the iCloud and these could be read / subpoenaed simply enough without breaking the encryption.

      Thus, I predict that Apple will prevail, the phone has already been hacked (or the pen register says it need not be hacked), and this whole case is meta politics with law enforcement trying to see how much they can get away with in the courts. If Apple prevails, then their phone is "secure" meanwhile the NSA / CIA / DOD hacks still work and Apple comes out clean as a whistle while terrorists and criminals wrongly believe they are safe on iDevices. If Apple loses then this sets a precedent and it's not Apple's fault that they had to unlock the phone, thus they'll be seen as a company that stood up for the user rights... even if those users are terrorists (or members of a mercenary team, meant to manufacture consent for war with Iraq -- hint: Paris shootings, at the Eagles of Metal concert, who feature a song called 'San Bernardino', and who's lyrics have Masonic overtones...)

      you may argue that even with warrants they're often abusing their power, and I'd agree with you.

      Then everything is going according to plan, sheeple. This phone doesn't need to be hacked or it would have already been so, dumbass. The phone was willing to give up its data until AFTER the FBI had it locked up. You're a fool, not because you're stupid, but because you're ignorant and yet pontificate upon things you know nothing about.

    43. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      For a constitutional lawyer... He seems pretty lax on allowing writs of attainder and not upholding the fourth amendment.

      The phone isn't a Fourth Amendment issue. It's the government's phone. They're just being real dicks to tech support when they're told that the Genius Bar can't help them.

      The right of AAPL to own $100B worth of intellectual property in the form of its source code and signing keys is absolutely a Fourth Amendment issue. (As well as a First Amendment issue - compelled speech, and I would argue a Third Amendment issue, if US tech companies are going to be forced to house the government minders to watch over their programmers lest anybody accidentally build a secure product.)

      Having said that - who better than a Democratic constitutional lawyer to entrench the Bush Doctrine of the Unitary Executive? Say what you will about our system, it's bipartisan :)

    44. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 1

      Actually, he was a constitutional law professor .

    45. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Hey, the Supreme Court ruled the government can force you to buy something (Health Insurance) in violation on the constitution. We are living in a post-constitutional country now. The government assumes everyone is guilty and you can't be trusted with anything they don't have access to. We are very close to the end of this experiment in self government because the elected, and appointed, officials have been allowed to operate without rules in opposition to the people that elected them.

    46. Re:For a constitutional lawyer... by cfalcon · · Score: 2

      It's really simple. Your phone is yours, and should do what you say. If you opt out of managing your phone (as San Bernadino did), and allow your murderous employee to be the guy with the encryption code because it's easier to not pay an admin, then you pay the obvious and logical price. Using that to try to strip encryption globally- and make no mistake, that is what the FBI is requesting, and what Obama JUST STATED- is ruinous.

      The President of the United States, a constitutional scholar, just implied that we shouldn't have access to math because someone, somewhere, is jacking off to a 2003 jpeg of a then-12-year-old Russian chick.

      You should be fucking quaking with fear right now dude. This is how speech dies.

    47. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Just because he's calling out team red for their bullshit doesn't mean he's down with team blue's bullshit.

    48. Re:For a constitutional lawyer... by mikael · · Score: 1

      What if the owner of the device is dead. Do they call for Beetlejuice or the Preacher?

      The police actually changed the password which in effect deleted the cloud backup storage. So, they need to get inside the box.

      --
      Vintage computer adverts: http://www.vintageadbrowser.com/computers-and-software-ads
    49. Re:For a constitutional lawyer... by harlequinn · · Score: 1

      The USA has it good. At least you have a right to silence. Unlike Australia, where that right has been eroded down. It's now in many Australian states, under several Acts, illegal to not answer questions. The penalties range from fines to jail time, to having any chance of parole while in jail revoked.

    50. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Strange how the 10th Amendment has been reversed.

    51. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      You really believe that disassembling the chip can show you the unencrypted data?

      You really dont know how encryption works, please go read up on it.

      Now, if they know what algorithm is used they can take the raw data and run it against a brute force attack and may be able to get it. Provided he did not use some 50 character pass phrase.

    52. Re:For a constitutional lawyer... by gfxguy · · Score: 1

      I didn't know that. In that case, couldn't the legal owners of the phone - you know, the County of San Bernardino, ask Apple to give the FBI access? Wouldn't that, in this particular case, make everybody happy? Apple doesn't hand over everyone's privacy all willy-nilly, they'd be doing it at the behest of the "owner."

      Back to the larger subject; Obama, in some ways, has become just like every other president. Ever since the government granted itself the write to dig into all your personal "effects" and accuse you of wrongdoing while making you prove your innocence (I'm referring to the IRS - and I'm not against taxes, I'm against the way it's done), they've felt free to demand access to any information of yours they want.

      --
      Stupid sexy Flanders.
    53. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      The encryption algorithm is known. The key is baked in the hardware itself, and disassembling the chip could reveal it. You're an idiot.

    54. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      No, but it does give them any hardcoded encryption data, with which they can then clone the drive a million times and run brute force attacks against it.

    55. Re:For a constitutional lawyer... by jellomizer · · Score: 1

      Actually more to the point, it just won't accomplish anything.
      Most of this debate goes behind the idea that software is so hard and complex that you need a large institution to make it. Like building an airplane or a space craft. But the truth is almost anyone can make software, and a single person or a small team of people can make a very elaborate program.
      So if the government forces back doors in their software. All that will mean is you break your phone and put your own software on it. Make it yourself and get it from a trusted source.
      As someone who has been coding for 30 years. I can make program where I wouldn't be able to break into it. Especially if someone else installs it and sets it up.
      Sure those home grown safe OS may not have all the bells and whistles but it would be secure.

      --
      If something is so important that you feel the need to post it on the internet... It probably isn't that important.
    56. Re:For a constitutional lawyer... by gfxguy · · Score: 1

      It sets a precedence. It's really an all or nothing case; if they do it once, they will be expected to do it every time the government asks... otherwise you leave it up to Apple execs to determine who they want to help prosecute? This is a very important case, and a government "win" is another blow to freedom for the people. Obama can say whatever he wants - he's in his last term, he doesn't have to pretend to actually care about the rights of the people anymore.

      --
      Stupid sexy Flanders.
    57. Re:For a constitutional lawyer... by _Sharp'r_ · · Score: 4, Informative

      They could, except the FBI screwed up and changed the cloud password for the phone (locking themselves out of it in an attempt to keep anyone else out of it) and while the County paid for the employer option of being able to reset the PIN on their owned phones, they never actually got around to installing it on their employee's phones. Now they want Apple to bail them out of their mistakes by creating a special version of their phone OS which drops all the PIN code brute force protection.

      And they wonder why some of us don't trust the competency of the government to hold and protect special access to every encrypted device we own.... after all, its not like they've had their own top secret personnel vetting files breached and exposed, right? What could possibly go wrong...

      --
      The party of stupid and the party of evil get together and do something both stupid and evil, then call it bipartisan.
    58. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      YOU know that and I know that, but unfortunately there is precedent for things that merely COULD cross state lines.

    59. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Wasn't Snowden's last access to classified material prior to the iPhone 5C release date? How would he know? You are being bamboozled by someone who has a vested interest in tricking you.

    60. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Hmm, does the government usually give murderers back their weapons and other evidence of their crimes? That sure would be news to me. Also I am not sure "civil forfeiture" laws apply in the context of mass murder. -Legal.Troll

    61. Re:For a constitutional lawyer... by unrtst · · Score: 1

      But of course you can't prove anything either way.

      Regarding whether or not it is possible for the FBI to get into the phone without the iOS source and/or the signing key etc, anyone with sufficient resources could prove it is possible (assuming it is possible). Ex:
      * get same model phone used
      * encrypt it and protect with pin as in the case of the phone in question
      * attempt to get into it via the various methods mentioned all over the place
      If one fails, that does not prove it's not possible, so people saying it will fail don't have much motivation to try it.
      However, if it works, then that would be a pretty big nail in the coffin for this issue.

      PS: sorry I took you quote out of context a little; it lead to this train of thought.

    62. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Everyone always ignores ol' 9 and 10.

    63. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Surely they need to take at least two sets of two samples, so that they can fit that to an uptake/processing curve.

    64. Re:For a constitutional lawyer... by jcr · · Score: 3, Insightful

      Anyone who still supported that asshole after the first time he signed a bill extending the PATRIOT act (which he knows goddamned well is unconstitutional) is an idiot, a hypocrite, or both.

      "Hope and change", my ass.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    65. Re:For a constitutional lawyer... by jcr · · Score: 1

      More to the point, since this is the FBI we're talking about...

      If they get the ability to backdoor our phones, they'll use it to frame anyone they want to get rid of. Instead of a letter like Hoover sent to MLK telling him to kill himself, they'll load up the target's phone with incriminating information, and then send him a message saying "hey, look at that kiddie porn on your phone! You'd better kill yourself!"

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    66. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Obama is not a constitutional lawyer. He edited the Harvard Law review but contributed no articles and had no profile or discernible influence.

      You realize submitting academic articles to the journal you edit might constitute a bit of conflict of interest, right? Speak even less where you know little.

    67. Re:For a constitutional lawyer... by jcr · · Score: 3, Insightful

      The purpose of the commerce clause is to prevent the states from setting up trade barriers against each other. It was never intended to give the government carte blanche to control anything and everything that's ever bought or sold in this country. If it actually granted that power, then the rest of the constitution would be moot.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    68. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      try to hit it with a hammer and see if it chooses to release it's secrets...

    69. Re:For a constitutional lawyer... by jcr · · Score: 2

      it won't be upheld in the courts (if it gets to the Supreme)

      I don't see much cause for your faith in the courts.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    70. Re:For a constitutional lawyer... by jcr · · Score: 2

      Sounds like you shouldn't have let your government disarm your people. Those fuckers get out of hand when they know they can get away with it.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    71. Re:For a constitutional lawyer... by rickb928 · · Score: 1

      Software doesn't know the difference between legitimate and illegitimate use. It just executes instructions. It has no morality, no honor, no conscience. Those are human traits.

      Forcing Apple to code access to this one phone guarantees that either the code will be used again, or forced onto every phone 'just in case' the government 'needs' it again. Over time, the government will demand access for lesser needs , then for less probable cause, then in secret. Then, my friends, they will use it constantly without constraint.

      In America, we should be operating from a presumption of privacy.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    72. Re:For a constitutional lawyer... by rickb928 · · Score: 1

      And this is an example of failed discourse. Grow up or get serious. Or step aside and let serious people continue.

      --
      deleting the extra space after periods so i can stay relevant, yeah.
    73. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      There's something I seem to be missing. If they had the cloud password changed, don't they still have access to the devices contents... which had presumably been automatically backed up to the cloud before they changed the cloud password? Did they lose the new password in all the shuffle?

    74. Re:For a constitutional lawyer... by skids · · Score: 1

      Nobody would say anything because it wouldn't be any surprise whatsoever.

    75. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      These are not black boxes. Everything going through them is visible somewhere externally, which the federal government is already cataloging/filtering (i.e. e-mail, SMS, Facebook, Twitter, search engine requests, etc.) The government already HAD the access the desired until they reset the password for the apple cloud account (which they did not reveal until after they started the propaganda sh*tstorm). Their own investigators "mistakenly reset the password".

      Why does Apple need to break their security because the government technicians are incompetent? They should hire higher quality technicians instead.

      The federal government unknowingly revealed the fact that Apple was ALREADY giving them the backdoor access they wanted through the cloud. OOPS.

      The government shouldn't just be given a free pass to suck at their job, and when it is revealed publicly it should not simply be ignored by playing the terrorist card.

    76. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      He taught constitutional law, so you might say a constitutional scholar. So he damn well knows exactly why the various things he's doing are unconstitutional.

    77. Re:For a constitutional lawyer... by silas_moeckel · · Score: 1

      And the government shouldn't get apple to backdoor every phone so they can correct their failure to install standard corp controls. Notice they want a signed IOS to do it, not hand apple the phone and let them they in effect get that ability on any phone of that type.

      It's a simple safe argument, the government can pay somebody to crack a safe. If it has failsafes that incinerate the contents when you do it happens. Nobody makes safe manufacturers tell the government how to open their safes, they might tell a locksmith they have a relationship with how the right place to drill etc.

      Forever people have been hiding things, burying them etc etc etc. We do not require notebook manufactures to embed tracking chips. In some cases when it was realy needed they did expensive exhaustive searches for this sort of evidence.

      A phone is no different they can send it off to get broken into it costs a lot of money so they are forced to do it only in the most extreme cases. What Obama wants iis for it to be cheap enough to be routine. That cost is a check on the government, lets remember that are still trying to call it ok to search a phone because it's on you for the most trivial of charges. Much like saying it's ok to search your house because your keys were on you (in relation to accessing cloud data that the keys to are on the phone).

      --
      No sir I dont like it.
    78. Re:For a constitutional lawyer... by AnotherBlackHat · · Score: 1

      They want to unlock ALL phones, whenever they want.

      It's worse than that, they want to be able to force Apple to unlock all phones whenever the FBI wants.

      Imagine if Apple created an OS that displayed the internal secret information needed to unlock the phone, but encrypted with a public key.
      Then they decrypted the info. for the FBI, and destroyed the private key.

      In that scenario, Apple would be on the hook forever.

    79. Re:For a constitutional lawyer... by LynnwoodRooster · · Score: 1

      Ah yes, the Commerce Clause. Sure, the Federal Government has the right to regulate trade between countries and oversee that between States. But where in the Commerce Clause - "To regulate commerce with foreign nations, and among the several states, and with the Indian tribes;" - do you find anything at all about forcing a private entity to do the bidding of the Federal Government to reveal personal information of another private entity?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    80. Re:For a constitutional lawyer... by LynnwoodRooster · · Score: 1

      It's really simple. Your phone is yours, and should do what you say.

      This is where the danger in Apple's position becomes real. Because Apple believes your phone is actually theirs, and they retain right to do with it as they will. IF the Federal Government gains the power to compell a corporation to unlock a device, then Apple's position automatically makes your phone fair game.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    81. Re:For a constitutional lawyer... by LynnwoodRooster · · Score: 1

      From your link:

      Sen. Obama, who has taught courses in constitutional law at the University of Chicago, has regularly referred to himself as "a constitutional law professor," most famously at a March 30, 2007, fundraiser when he said, "I was a constitutional law professor, which means unlike the current president I actually respect the Constitution."

      So not only is there a concern over whether or not he was correctly titled a "professor", there is definite proof he doesn't understand the Consitution - and lied about respecting it.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    82. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      - AFAIC there are no legitimate government authorities, all of their authorities are illegitimate, I disagree with every single authority they have usurped.

      unless, of-course, the right person is in charge of the government, right? if your lord and savior was living at 1600 pennsylvania you'd be singing a very different tune.

    83. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      That post is doubleplus ungood thought crime.

    84. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      the Right to own a gun

      Where does it say gun? It says Arms. You know, armaments, weapons. ANY limit to what TYPE of arms is an affront to the 2nd. Anything less is traitorous. It is my right as an American to own a suit-case nuke, a personal SAM site, and a fleet of drones.

    85. Re:For a constitutional lawyer... by joshki · · Score: 1

      So your contention is that if something crosses state lines, the government can seize any computer code related to it in any peripheral way just because they want to?

      No, there's actually zero precedent for that. The interstate commerce clause doesn't authorize that.

      --
      I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
    86. Re:For a constitutional lawyer... by Spazmania · · Score: 1

      No disrespect, but you don't seem to understand the implications of a "common law" legal system. The Constitution sits atop common law precedent. It does not provide the foundation for common law nor is it expected to detail every niggling little thing the government may do as it employs the powers clearly granted to it.

      I don't believe the government can compel someone to produce a new product in support of their investigation. That appears to be prohibited by the Constitution's text against involuntary servitude.

      The government may compel third parties to turn over relevant evidence. That's not in the constitution either but it's long settled common law.

      Can the police lawfully commandeer a car that's not itself evidence or is that something we only see on TV? If they can commandeer a car then surely they can commandeer an encryption key. Right?

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
    87. Re:For a constitutional lawyer... by Plumpaquatsch · · Score: 1

      They could, except the FBI screwed up and changed the cloud password for the phone (locking themselves out of it in an attempt to keep anyone else out of it) and while the County paid for the employer option of being able to reset the PIN on their owned phones, they never actually got around to installing it on their employee's phones. Now they want Apple to bail them out of their mistakes by creating a special version of their phone OS which drops all the PIN code brute force protection.

      Actually, they not only paid for MDM, there's indication they actually used it(*) - and thus they should be able to unlock the phone without Apple's help.

      (*) http://images.apple.com/pr/pdf...

      My wife also had an iPhone issued by the County and she did not use it for any personal communication. San Bernardino is one of the largest Counties in the country. They can track the phone on GPS in case they needed to determine where people were

      If that doesn't sound like MDM was active on the phone, what would? But hey, remember kids, this case isn't actually about the data on this phone anyway. It's just sounds important enough so the slippery slope water park ride can be opened.

      --
      Of course news about a fake are Fake News.
    88. Re:For a constitutional lawyer... by rpstrong · · Score: 1

      Can the police lawfully commandeer a car that's not itself evidence or is that something we only see on TV?

      Generally, no: Under what circumstances may a police officer commandeer your vehicle?

    89. Re:For a constitutional lawyer... by HornWumpus · · Score: 1

      Do you understand anything about 'glitching' a CPU?

      I know a tiny bit. Someone I know, (yeah that's it), used to get free TV off 18 inch dish systems.

      To do this you usually needed a smart card to MITM and an old computer. The problem was there was a limited supply of smart cards and the dish companies had run a long term campaign to brick the cards, which had, for a time, simply been reprogrammed. Bricked (generically called 'Black Sunday') cards were cheap. Anyhow enough background about my associate.

      To glitch a smartcard, you counted the CPU cycles from dropping reset until it hit the few known places where the CPU essentially (BNE addinfloop)ed. That's a two cycle operation, the second half being (Program Counter) PC = addinfloop. On that cycle you run the CPU clock at 8 or 16 times normal. PC doesn't latch and the code drops through. Alternative 'glitches' known to anyone curious enough to read the scripts they ran were dropping voltage or some combination of voltage drop and cpu cycle multiplier.

      Of course there are countermeasures, which the hardware crypto guys are well aware of. No external clocks, internal caps on Vcc. Which in turn have their own counters, usually involving X-rays, tiny drill bits and many destroyed devices. Counters to that are 3d structures, putting vital hardware right above and below the targets. Which just means someone has to build a copy of the vital hardware and hook that up before going for the clock generator. Ultimately the reset to branch timing method is borked with a bit of random delay, but there are other ways. There are always other ways.

      All the smart-card methods have semiconductor analogs. The NSA has the biggest budget for such shenanigans, but there are many players.

      For any hardware long key storing device you can bet that the probability of succeeding in a crack is a function of time on market and # sold. That probability likely never makes 100% except in trivial cases.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    90. Re:For a constitutional lawyer... by HornWumpus · · Score: 1

      All political authority comes from the barrel of a gun.

      Mao.

      --
      John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
    91. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      No disrespect, but you don't seem to understand the implications of a "common law" legal system. The Constitution sits atop common law precedent.

      No, it doesn't. You have things backwards. The highest law in the land is not bound by lessor laws. The Bill of Rights in particular trumps everything in the pre-Bill of Rights version of the Constitution (and all federal laws passed before the Bill of Rights was implemented).

      Common Law exists as part of state law (and not in every state: Lousiana inherits from the French Civil Law tradition, not the same as the British Common Law tradition).

      We know, of course, from James Madison's original text of the Bill of Rights that he fully intended it to apply to state and local governments, and the final version necessary still works that way with respect to everything not specifically limited to Congress, as a matter of ethical practice of law (certainly a fundamental and inalienable right in any society based on the rule of law).

      Attempts by legal professionals to claim or act as though Common Law trumps the Bill of Rights are in fact unethical practice of law, and such attempts are also a violation of any oaths sworn to uphold the law (whether or not they are lawyers, including those oaths sworn by federal prosecutors and federal law enforcement agents).

      It does not provide the foundation for common law nor is it expected to detail every niggling little thing the government may do as it employs the powers clearly granted to it.

      The Constitution does not provide the foundation for common law because it is superior to common law.

      It is true that it does not detail every thing the government (by which you presumably mean the "federal government") may do, however:

      "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." - 9th Amendment

      "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." - 10th Amendment.

      In short, any time federal government action (or, for that matter, state or local government action) comes into conflict with rights the people decide are "retained by" or "reserved to" them, or in conflict with a reasonable person's interpretation of any explicit right, that action is illegal. Interpretations of the text that contradict any that a reasonable person might come to make the legal system artificially difficult to understand and thus violate the right to ethical practice of law (violations of this right unfortunately happen quite often, which is why it took a Civil War to end slavery, and a major Civil Rights movement to end racial discrimination under the law).

      In short, the government does NOT have the authority to compel Apple to do what it is asking. That they even asked in the first place was oath-breaking on the part of the FBI, and Apple's legal position is entirely correct. Further, it is also in the best interests of society: the government can get a warrant in specific situations, applicable to a small number of individuals, when a legitimate search is needed and can be justified, and there are all kinds of ways in which communications can be monitored before the encryption happens.

    92. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      Bush was as bad or worse. Both the Democrats and the GOP are supporters of - defacto - illegal privacy.

      They now need access to everything to protect us from the hornet's nest they disturbed by (more recently) invading Iraq and (longer term) being utterly one-eyed and corrupt about Israel.

    93. Re:For a constitutional lawyer... by lsatenstein · · Score: 1

      When the phone is finally decrypted, all they will find are a few business emails to his employer, a record of his timesheet, and a few selections of music that he picked up from the Itunes website.

      They will not find anything of value. No idiot would use his employer's or his own phone for terrorist activities. He would use the coffee shop, the library, the university network, or even a public school network.

      I wish the government all the best in discovering any incriminating evidence. After all, with that phone, they have a complete record of each call made and each call received. Surely they can publicly say, "We found xx telephone conversations that are of interest.

      FBI, NSA, don't take the average citizen as stupid. Your wanting to allow hackers to penetrate the banks, the electric company control networks, the air traffic control, and oh so much more, and here you are after a measly business cellphone.

      --
      Leslie Satenstein Montreal Quebec Canada
    94. Re:For a constitutional lawyer... by joshki · · Score: 1

      No, they can't. That's called "taking" and specifically violates the fifth amendment.

      --
      I do not read or respond to AC's. If you want a discussion, log in. Otherwise, don't waste your time.
    95. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      I hear Somalia is nice this time of year, if you're into that whole anarchy (aka libertarian dream) thing.

    96. Re:For a constitutional lawyer... by euroq · · Score: 1

      First the government said it was just to catch a terrorist. They've since admitted there are 14 phones they would like access to.

      Once the software exists (it doesn't now) to allow this, then there is no going back and all phones are vulnerable.

      Yes this is somewhat speculative, but there exists prior evidence - Blackberry - in which the exact scenario happened.

      --
      Just because the U.S. is a republic does not mean it is not a democracy. Democracy/republic are not mutually exclusive.
    97. Re:For a constitutional lawyer... by ColdWetDog · · Score: 1

      Umm, no. I almost never actually get a blood sample (as a physician) - the tech does it. The tech is employed by the hospital (in fact, I might be employed by the hospital). I suppose the tech could refuse to do it because of some weird philosophical stance but I've never heard of it. In the totally edge case that I put in a central line (a difficult kind of IV) in a patient and actually drew the blood that the tech put in the sample tube about the only thing the court could ask me is if I recalled doing the procedure on said person at such and such a time. I've actually been subpoenaed for essentially the same thing (did you see this patient on such and such a day) which required me to spend perhaps a half an hour sitting around, a few minutes on the stand and a polite thank you.

      Hardly the end of the word.

      FWIW, when the PD asks for a legal sample, it's logged into the computer as a special order that doesn't need a physician's signature. It just needs two techs to look at the order to ensure that it's valid (same as blood products). I've not heard of anybody fighting that (probably has happened). And I've never seen a separate sample for a defense witness. We do keep the samples for a week (same as always) and typically would have enough to split it several ways. I suppose some hospitals / legal systems could do it separately, can't imagine why.

      --
      Faster! Faster! Faster would be better!
    98. Re:For a constitutional lawyer... by ColdWetDog · · Score: 1

      Oops, didn't see that you weren't in the US. You have a weirder system that us....

      --
      Faster! Faster! Faster would be better!
    99. Re:For a constitutional lawyer... by Anonymous Coward · · Score: 0

      No, but it can get one the secret part of the key, which one can then combine with a bunch of PIN permutations to eventually (quickly) get the real key, which can then be used to decrypt the data. The algorithm is published. The pass phrase is not the obstacle per se.

      You should really read up on this stuff if you're interested in it.

    100. Re:For a constitutional lawyer... by Spazmania · · Score: 1

      Okay, then the government may be able to produce a software image for the iphone and then command Apple to sign it. Maybe. Reads like the whole deputizing thing is on shaky legal ground.

      --
      Moderating "-1, Disagree" is simple censorship. Have the guts to post your opinion.
  2. One phone to rule them all by ebonum · · Score: 4, Interesting

    Ok. So I blow up a few city blocks. In Obama's mind, I can't be arrested unless they can read my cell phone? Or does he just mean that the police will say: "We can't open the phone! Guess we should give up and go to the bar to have a few beers. No point in even trying to do an investigation. It's hopeless."

    1. Re:One phone to rule them all by gtall · · Score: 0, Troll

      No, what he has in mind is a terrorist plot to let off a nuke or chem weapon in a major city. The question he's posing is "how far do you want to take this privacy route?" It's a bit like those morons in Texas strutting around with their sidearms. A bit of thought would lead them to a terrorist group doing a lot more than strutting around with their sidearms, but they'll feel good about themselves because they are armed.

    2. Re:One phone to rule them all by dbreeze · · Score: 5, Insightful

      "The question we now have to ask is, if technologically it is possible to make an impenetrable device or system, where the encryption is so strong there’s no key, there’s no door at all, then how do we apprehend the child pornographer? How do we solve or disrupt a terrorist plot?" Obama said. "If in fact you can’t crack that at all, government can’t get in, then everybody’s walking around with a Swiss bank account in their pocket."

      It blows my mind that a Harvard constitutional law scholar can either so utterly fail at logical thought or blatantly spew state control rhetoric. I didn't vote for him but was mildly optimistic that he might be the real deal. He's just the latest snake oil merchant in a long line of 'em.....

      --
      When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
    3. Re:One phone to rule them all by Anonymous Coward · · Score: 1

      It is funny you think terrorist need encryption to pull off terrible attacks against civilian and military targets. Taking my encryption away doesn't make us safer, it just makes it easier for bad people to hurt us.

    4. Re:One phone to rule them all by dbreeze · · Score: 5, Insightful

      Again, surrendering right to privacy is not prerequisite to stopping WMD attacks. Any serious study of the last couple of decades reveals that over and over someone in law enforcement or intelligence has been aware of the info needed to act on attacks against us beforehand . The issue is the bungling bureaucracy and missed opportunities for authorities to act on known intel.

      --
      When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
    5. Re:One phone to rule them all by liquid_schwartz · · Score: 5, Insightful

      I prefer to think it's a case of we sane people don't think anything on the phone is worth giving the government the ability to distribute unlimited malware. There is such a thing as weighing the costs. If you want to be the Land of the free and the home of the brave you don't cower at every shadow and give up your rights so easily. Put another way: Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety - Ben Franklin

    6. Re:One phone to rule them all by camperdave · · Score: 1

      From what little I understand of American politics, Obama cannot be re-elected anymore. So he is now free to spout off any nonsense he wishes.

      --
      When our name is on the back of your car, we're behind you all the way!
    7. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      Finding a needle in a haystack is hard work, so they're always looking to ignore the haystack and grab some new hay, hoping that the new hay will have a higher needle-to-hay ratio and so it will save them some work. The grass is always greener on the other side: The private information they already have access to is a bunch of useless junk, but the private information they don't already have access to is gold.

    8. Re:One phone to rule them all by LynnwoodRooster · · Score: 1

      So what if, instead of putting the location of in my phone, I just keep the information in my mind. Does the Government have the right to force me to give that information up? Can they "break" my mental encryption?

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    9. Re:One phone to rule them all by ArsonSmith · · Score: 1

      Plus the shear bulk of false or bad intel that clouds the credibility of the one that finally actually happens.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    10. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      Indeed. The answer to his question is obvious: You catch those people at the points where their activities affect the world outside of their cell phone.

      I mean, it's bordering on an argument that the government ought to be able to read our minds and prosecute people for thought crimes. After all, if we can't read people's minds and prosecute them for thinking about committing terrorist acts, then how will we protect the children?

      Well, it's simple: If they're going to blow up a school, eventually they're going to have to do something outside of their own thoughts, so you catch them doing that, as has always been the case. It's the bloody same with encrypted cell phones. If you can blow up a school and then encrypt all of the evidence, then you're just playing a game and so no one cares. If it wasn't just a game, then there is physical evidence, and physical evidence cannot be encrypted.

    11. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      From what little I understand of American politics, Obama cannot be re-elected anymore. So he is now free to spout off any nonsense he wishes.

      Sadly the situation is as you describe. Obama and the directors of CIA, DHS, FBI, NSA, and likely a few other agency heads should be swinging from a tree branch at the end of a short rope. Traitors all.

    12. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      The real tell is that Obama uses an icon of privilege and wealth...the Swiss account...to communicate what he thinks Americans should not have. Or at least not everybody. I guess citizens with such liberties are frightening for him.

    13. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      Ok. So I blow up a few city blocks. In Obama's mind, I can't be arrested unless they can read my cell phone? Or does he just mean that the police will say: "We can't open the phone! Guess we should give up and go to the bar to have a few beers. No point in even trying to do an investigation. It's hopeless."

      Are you interested in living in a society with enforceable laws, or do you feel that strongly about technology that it must be allowed to be free regardless of any impact it has to that society?
      Obtaining information is a key pillar of law enforcement, and for the first time in human history technology allows that to be shutdown. there's some huge risks to our way of life here, any government would be negligent not to address them.

    14. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      Any serious study of the last couple of decades reveals that over and over someone in law enforcement or intelligence has been aware of the info needed to act on attacks against us beforehand .

      Er, because cryptography was not common place then. In the next few decades it will be trivial for everyone and everyone to hide in the shadows of encryption. That might sound cool because you think you're the baddest kid on the block, but I assure when the real bad guys use that to fuck you and your family over, you'll be first to cry that the govt aren't doing enough to save you.

    15. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      I see no issue with the logic of this comment. If it's that obvious to you, maybe you could explain your problem with it?

    16. Re:One phone to rule them all by Jack+Griffin · · Score: 0

      I prefer to think it's a case of we sane people don't think anything on the phone is worth giving the government the ability to distribute unlimited malware. There is such a thing as weighing the costs. If you want to be the Land of the free and the home of the brave you don't cower at every shadow and give up your rights so easily. Put another way: Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety - Ben Franklin

      Every time some legal issue is raised in here, some retard throws out that stupid quote.
      By your logic we should have no security ever then?
      Or you lock your doors right? Oh wait, you've traded the liberty of freely opening and closing your door without a key for the security of trying to keep burglars out. You now deserve neither security nor liberty.
      At some point we need rules, or the bad guys will kill you. Yes they will, no amount of playing Counter Strike will save you ass when the real bad guys come for you. And those rules need to be enforceable by someone. Someone who isn't you, because even the toughest man on the planet will still get raped by a well organised gang.
      So once you accept that we need rules, and someone to enforce them, you are trading some liberty for security. If you don't accept this, then go live in a war zone were there is no rules and tell us how liberated you feel.

    17. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      He cannot be re-elected, but that doesn't mean that he doesn't still have power and influence in the democratic party and politics in general. The fact that he is the head of the executive branch means that his policies can be passed down to lower departments, like the FBI. If he sides with Apple, it sets a strong political will internal to the executive branch to have the FBI back down. If he sides strongly with the FBI, then one must look outside the executive branch to combat the FBI's overreach, in the courts or congress.

      That the president takes a side on this makes it a more significant partisan issue in the upcoming election as well. It forces candidates not only to choose a side, but to to choose a side knowing that the current administration is backing / opposing their choice.

    18. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      Obtaining information is a key pillar of law enforcement, and for the first time in human history technology allows that to be shutdown.

      Um, no. Actually, for a brief amount of recent history, phones have existed and tapping them gave Law Enforcement (and others) the ability to eavesdrop on what were formerly private conversations. The pendulum has recently swung very far in the direction of giving them more and more access. Now that it's swinging back the other way a little, morons like you are screeching about it as if something law enforcement has _always_ had is being taken away.

    19. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      It seems the logic is that "if there's a simple way to get at the information then the government wants the tools". The brain just happens to be a bit more complicated at the moment but you can bet that once we have mind-reading capability they'll want that too. In fact that'll be awesome for the government because now you can't ever keep any secrets from them.

      The problem is "should you be allowed to keep secrets?". Yes, you should. The government does this all the time and they never gave us an adequate reason for it. In fact, they don't feel they *need* to give us a reason because "we's duh gubmint damnit" and guns trump every other card. If you want to keep secrets and entrust them to some other device then should you be able to do that? Sure. If you have some scheme of encryption such that you can write secrets on paper and they're indecipherable to anyone else then the government can't compel you to reveal your encryption (however naïve it might be). You don't even have to lie - you have the right to not incriminate yourself. For some strange reason when your ability to hide secrets goes through a technology provided by company X the government is arguing that company X must give them a means to read your secrets. This doesn't follow. Just because a second party provides you a means to keep secrets doesn't mean then also have to furnish a means for the government to read your secrets. The alternative is that we all hand-write our own implementations of AES, and the open source movement does well to give them suits a hefty middle-finger and a mighty "fuck you" in that regard.

    20. Re:One phone to rule them all by dwywit · · Score: 3, Interesting

      The government justifies keeping some information secret - "operational matters", and so on. I entirely agree, in principle - you don't publish details of an impending strike against bad guys (justification of that strike being a separate matter) - but *they* get to decide to keep secrets. "They" being people in government service - someone, or some people, get to decide that their information is too precious/sensitive to reveal, and we the people generally support that course of action, because we have Freedom of Information legislation to keep the exercise of that power in check - in theory, at least.

      Fine. In that case, *I* get to decide which of my information is too precious/sensitive to reveal, so suck it up. You want to keep secrets, OK. So do I, and I'm smart enough to NOT keep them on computer storage.

      I do like this new model of distributed key-signing.

      --
      They sentenced me to twenty years of boredom
    21. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      "Hello sir, right this way. To your right is the waterboarding room. Welcome to Guantanamo Bay by the way."

    22. Re:One phone to rule them all by shilly · · Score: 1

      Ah, but the central question is this: what is more likely, that bad guys will fuck me and my family over by using encryption to hide in the shadows, or that bad guys will fuck me and my family over by obtaining information that I am no longer able to protect via encryption?

      Perhaps you think the former; I am certain the latter is the greater risk. It can't be mitigated by creating some kind of magic back door that's accessible only to good guys, and not bad guys. And there are plenty enough incidents today to know that bad guys really do seek out and abuse financial, health and identity data, among many other types, sometimes with catastrophic consequences. Simple laws of nature dictate that the chances of my being shot or blown up by a bad guy remains vanishingly small. But a bad guy's virtual reach can extend to many millions of people whose information that person can steal and abuse.

    23. Re:One phone to rule them all by shilly · · Score: 1

      You need to engage with the quote more carefully. The quote speaks of "essential Liberty":

      Essential is a high bar. And ironically, locks are an excellent case in point, but you have the example exactly the wrong way round. The government is demanding the power to compel a third party to break any lock it chooses, time and again. It is therefore demanding we all give up the liberty of being able to lock our phones properly -- i.e., so that only we can unlock them -- in the interests of our safety.

      We are indeed all happy to give up "some" liberty to purchase safety. But most of us don't want to give up "essential" liberty, which is quite a different thing.

      Of course, what you and I think is essential may differ. Hence rules, to protect us from both the definite bad guys and the government, who too often through history have taken the role of bad guys as well.

    24. Re:One phone to rule them all by Anonymous Coward · · Score: 0
      Actually, the evidence is that Governments are incapable of keeping information secret, even without iPhones.

      If the government has your data, pretty soon, everyone else who wants it will too.

      No iPhone encryption will ultimately lead to "no viable way of doing internet banking" and when I say "ultimate" - I mean "In less than 2 years".

      Make no mistake, technology proves that Democracy as we know it ("dem a' crazy") is doomed, because politicians are too stupid to be allowed to govern, and the people are too stupid to choose anyone else.

      --

      You have the right to remain stupid!

    25. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      Ok. So I blow up a few city blocks. In Obama's mind, I can't be arrested unless they can read my cell phone? Or does he just mean that the police will say: "We can't open the phone! Guess we should give up and go to the bar to have a few beers. No point in even trying to do an investigation. It's hopeless."

      No, they don't need to read your phone when they can read your mind. Do you prefer them able to read your phone or would you rather get tortured? This is a free country, you get to choose. if you can't decide, take both and vote for Trump.

    26. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      Uhhhh because unbreakable strong encryption for the masses and uncooperative tech companies pandering and grandstanding against law enforcement on social media were the norm for the last couple of decades? No. Back to the drawing board for that analysis, bro. Love, Legal.Troll

    27. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      That Ben Franklin quote is endlessly trotted out for dumb purposes. It's the privacy-debate equivalent of calling someone Hitler. There isn't a civilized country on this earth that doesn't give up truckloads of liberty, to purchase something *less* than truckloads of safety. That's the result of a clear-headed cost-benefit analysis collectively performed by sane people. --With love, Legal.Troll

    28. Re:One phone to rule them all by ATMAvatar · · Score: 1

      Are you interested in living in a society with enforceable laws, or do you feel that strongly about technology that it must be allowed to be free regardless of any impact it has to that society?

      I'm interested in living in a society where I have some privacy, and I'm willing to accept the additional 1/1,000,000 chance that a terrorist will kill me for that to happen.

      --
      "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
    29. Re:One phone to rule them all by jcr · · Score: 1

      What, do you think he believes that shit? That's the propaganda line for Team Blue's consumption.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    30. Re:One phone to rule them all by jcr · · Score: 1

      Aww, the fanboi is all butthurt that someone doesn't like Obama. That's so precious.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    31. Re:One phone to rule them all by skids · · Score: 1

      Let's say we were talking not of cell phones but of hard drives. Should future SSDs be banned because they are easier to fully erase/destroy? Back to platters, just for the sake of law enforcement? No thanks.

    32. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      So just because he's "non-white-male" he should not be criticized for what he does?

    33. Re:One phone to rule them all by Plumpaquatsch · · Score: 1

      From what little I understand of American politics, Obama cannot be re-elected anymore. So he is now free to spout off any nonsense he wishes.

      But what pray tell enables the Republican pre-candidates (every single one of them) to do the same? Not only that, the more nonsense they spout off, the more likely they are to become the candidate.

      --
      Of course news about a fake are Fake News.
    34. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      You need to engage with the quote more carefully. The quote speaks of "essential Liberty"

      You're going to have a hard time convincing anyone that cryptography that was only invented a few years ago is an "essential liberty".
      And yes the cops should have the ability to break locks with a court order, that is a key foundation of a law enforcement.

    35. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      Fine. In that case, *I* get to decide which of my information is too precious/sensitive to reveal, so suck it up.

      Yeah but unfortunately for you society doesn't work like that. We have rules to maintain order, and one of those rules is that people don't get to do whatever they feel like.

    36. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      Ah, but the central question is this: what is more likely, that bad guys will fuck me and my family over by using encryption to hide in the shadows, or that bad guys will fuck me and my family over by obtaining information that I am no longer able to protect via encryption?

      Perhaps you think the former; I am certain the latter is the greater risk.

      Maybe for you personally, but what about grandma up the road? or 99% of the people who have no clue how encryption really works? You know the people who make their password their birthdate, or their dog's name? The ones who write it down on a post it note next to the computer?
      We have to accept that cryptography is a new paradigm security, one that can't be dealt with by quotes from the Bible or other 200 year old wise men.

      Back doors don't make sense, but I don't any sane person is asking for that (eg in the Apple case the FBI was merely asking for the opportunity to brute force. This is not a "back door"). I do think the law needs to continue to function, and part of that is the ability to obtain information. Don't underestimate the power this will have to disrupt the balance, and the consequences it will bring.

    37. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      I'm interested in living in a society where I have some privacy, and I'm willing to accept the additional 1/1,000,000 chance that a terrorist will kill me for that to happen.

      Yes well that's cute, but you seem to forget the other myriad of bad guys who will be jumping at the chance to setup water-tight criminal organisations with this new technology. The 1 /1M chance of being extorted for money might now become 1/10000. And the chance of the drug dealer setting up at your kid's school might go from 1/10 to 1/2.
      Once the bad guys cotton onto the power of immunity this technology gives them, your world changes. You seem to think the only change will be positive. Why is this?

    38. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      Hands up those Americans who think that a good way to stop attacks on the USA - WMD or any other kind - is to stay out of other people's countries and stop pissing people off! I hope you are in the majority because if not we are all going to see increasing violence and abuse throughout the world. The utter disregard for civil liberty and the rule of law by US government agencies is a far bigger threat to civilised life than anything that a handful of fanatics can do, even with a few borrowed airliners. What a pity that the only person who seemed to want to do good in the Presidential office turned out to be a fake. And that none of the present applicants even pretends to want to do any good.

    39. Re:One phone to rule them all by shilly · · Score: 1

      I may have a hard time convincing *you*, but that's not the same as having a hard time convincing anyone.

      I don't see the relevance of recency. An argument that "our parents didn't need this liberty and so neither do we" seems pretty facile, if that's what you have in mind.

      If the government says, "you may use a phone to help manage, for example, your health and finances, but you may not buy a phone that has encryption that secures such data from bad actors", then that is giving up an essential liberty. It is also poor public policy: it's not as though people are *not* going to use their devices for such purposes -- the value of mobile access is too great. So de facto, such policy will expose tens of millions of people's most intimate secrets to the risk of compromise by bad actors.

    40. Re:One phone to rule them all by shilly · · Score: 1

      I don't understand your response. Why is the balance of risk from government vs risk from bad actors changed by whether I know about encryption? The implication is simply that encryption ought to be ubiquitous and easy to use if it is to be effective. That's kind of where the tech industry has been pushing. Who exactly is it that you think is more at risk from a terrorist than someone stealing their data? A grandma?! Surely you yourself don't actually believe that.

      I can't really be bothered to re-hash with you whether what the government was asking for constitutes a back door or not. What is clear is, it's not going to be a one-time request. That will require either holding that code permanently (a major security risk) or re-making it continuously (a huge waste of time and effort for some of the company's most critical engineers, and still no real mitigation of the security risk, as those engineers will over time inevitably learn the methods required to develop the software from all the repetition and thus be susceptible to compromise by bad actors).

      Anyway, enough of this. Why don't you explain what you're proposing? Is it:
      1. We deliberately weaken security enough that the government is guaranteed access to information if it wants it, and we all live with the increased risks of compromise from bad actor
      2. We invent some kind of special method that weakens security for the government but not for anyone else?
      3. Something else
      And while you're at it, it would be interesting to see you set out and work through at least some of the implications of your proposal.

    41. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      I may have a hard time convincing *you*, but that's not the same as having a hard time convincing anyone.

      No, but the fact still remains, your average Donald/Hillary voter doesn't even know what encryption is, and even if they did, don't know how to use it correctly which mean it's not 'essential'.

      I don't see the relevance of recency.

      Well it wasn't essential at some point not long ago (ie about 20 years ago when no-one used encryption (outside of specialist circles), so what has changed that now changes that fact?

      but you may not buy a phone that has encryption that secures such data from bad actors", then that is giving up an essential liberty.

      More than likely I'm guessing, some new rules will create a restriction of technology. Just like how you can own an AR15, but not a ICBM. Or you can drive a Lamborghini on a public road but not an Indy car. Cryptography will be defined by some standards in which 'adequate' protection will be publicly available, and the high end will be restricted. It will become an offence to use higher end encryption without appropriate authority.
      This concept is not new, and for something that has the potential impact on law enforcement as cryptography, it's hard to see how doing nothing is ever going to be an acceptable option.

    42. Re:One phone to rule them all by Jack+Griffin · · Score: 1

      I don't understand your response. Why is the balance of risk from government vs risk from bad actors changed by whether I know about encryption?

      Firstly, widely available, unbreakable encryption is a new thing (especially when you consider ciphers considered strong even 5 years ago are now breakable).
      Any new thing has the power to disrupt the status quo (resulting in possible net gains or losses for all of us).
      Like every other major disruption in history, it has to be controlled to ensure the good outweighs the bad (eg cars, planes, computers, medicine, guns, whatever... all have some level of control to ensure they provide a net benefit to society)
      So with this new thing you have to ask, do I prefer the option of uncontrolled technology and the possible risks, or do I prefer some level of control to try and ensure a net gain for me, my family, and maybe society too?
      And ultimately you have to trust someone. And I trust the criminal gangs slightly less than the democratically elected government variety.

      The implication is simply that encryption ought to be ubiquitous and easy to use if it is to be effective. That's kind of where the tech industry has been pushing.

      . Yes and the tech industry, just like any other (auto, tobacco, food, drug etc) don't always have your best interests at heart, as proven by history.

      Who exactly is it that you think is more at risk from a terrorist than someone stealing their data? A grandma?! Surely you yourself don't actually believe that.

      Encryption won't save granny from data thieves, we know this because the bad guys simply ring up and pretend to be Bill Gates and she hands over the keys.
      But we also know that wide-spread uncrackable encryption will lead to less convictions as savvy crims learn how to hide their tracks better. Less convictions mean more crims on the streets, and more crime. This is not an acceptable outcome either.

      That will require either holding that code permanently (a major security risk) or re-making it continuously (a huge waste of time and effort for some of the company's most critical engineers, and still no real mitigation of the security risk, as those engineers will over time inevitably learn the methods required to develop the software from all the repetition and thus be susceptible to compromise by bad actors).

      They aren't the only options, and I'm surprised that this being a tech forum it's the only ones we keep getting hammered with.

      Anyway, enough of this. Why don't you explain what you're proposing? Is it:

      I'm not offering solutions, I'm asking for them. We are techies, first we must accept that uncontrolled cryptography presents a real risk to our rule of law (ie convictions mostly hinge on information gathering, cryptography has the potential to disrupt this massively), then we try and come up with solutions. I think this is all our politicians are trying to say.
      However since you asked I will offer some ideas (I'm no expert so feel free to offer constructive criticism).

      One option I see is restricting types of encryption allowed to be used. An independent technology forum could establish what is considered 'adequate' levels of public cryptography. The public are free to use this, and it is strong enough to protect against casual attack, but still able to be brute forced by Govt level processing power. Sure the real bad guys still exist, but most laws aren't designed to get everyone. Stopping the casual threats is a large part of most law enforcement strategy.
      Another possibility is an independent key store accessible only by the courts. Using HSM type technology you can lock down private keys to only be accessible by certain parties with certain approval. A bit like how nuke keys are handled. With enough procedure this could be secured as much as anyone could expect.
      Another option is some sort of ro

    43. Re:One phone to rule them all by ColdWetDog · · Score: 1

      What do you think Guantanamo was supposed to do? They've found out there are a few bugs in the process, but they're working on it.

      They have their best men on it. Best men.

      --
      Faster! Faster! Faster would be better!
    44. Re:One phone to rule them all by Anonymous Coward · · Score: 0

      Obtaining information is a key pillar of law enforcement, and for the first time in human history technology allows that to be shutdown.

      Which is why in the past people didn't like to write secrets down, and we have a 5th amendment to prevent them being rubber-hosed to give up their unwritten secrets. Technology has evolved to allow secrets to be written down; the protections against having them beat out of us have not kept pace, it seems.

  3. This is all security theater to gut 4th Amendment by Anonymous Coward · · Score: 5, Insightful

    No doubt there are already backdoors in baseband processors and of course zero-day exploits. This controversy is to create the impression that government must impose draconian laws to rein in the privacy-maximalists in Silicon Valley. In reality SV are the NSA's willing accomplices.

  4. CONSTITUTION, MOTHERFUCKER by mrchaotica · · Score: 5, Insightful

    DO YOU SPEAK IT?

    I have a right to encrypt whatever the fuck I want, and the government cannot compel me to testify against myself by giving them the encryption key. Fifth Amendment.

    Apple has a right to make whatever speech it wants -- or, crucially, to refrain from speaking. In particular, it has a right not to tell the government its signing key, either. First Amendment.

    Totalitarian shitbag Obama needs to back the fuck off. At this point he's even worse than George "goddamn piece of paper" W. Bush!

    --

    "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    1. Re:CONSTITUTION, MOTHERFUCKER by khasim · · Score: 4, Insightful

      https://en.wikipedia.org/wiki/Blackstone's_formulation"It is better that ten guilty persons escape than that one innocent suffer".

      We have about 320 MILLION people in the USofA. Obama wants ALL of them to have crap security in case a "child pornographer" gets away.

      Fuck you. I voted for you twice but you're fucking wrong on this. And you're a piece of shit for trying to tie it to "think of the children".

      I'll support more cops/FBI/etc to make sure all the other approaches are covered. But you do NOT harm the 320 MILLION people because you are too lazy to find the few criminals who MIGHT be using encryption.

    2. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      What?

    3. Re:CONSTITUTION, MOTHERFUCKER by TheGratefulNet · · Score: 4, Insightful

      re: obama vs bush; its impossible to say what the other would do if things were switched.

      its clear that people are affected by what is currently going on. if bush were in office now, its not likely that he would act any differently.

      I'll go further; pick your favorite president - ANY of them (past, living, whatever) and would you honestly believe that they would deny the state its *desire* for 'total info awareness'?

      its not about a person, anymore. abs power and all that - its true. no one can resist that much power.

      and it goes beyond culture, too; the UK and oz are also heading full speed into tyranny; and a lot of the ROW is watching and wanting their piece of the surveillance pie, too.

      we have a human issue, here; and like 'rich vs poor', I don't think this will EVER end. the ones in control always seek to keep control; and info is now part of that, to them. they will never ever give this quest up.

      great, huh? more wasted time and energy, having to always, continually fend off the bad guys (in this case, ALL our governments and big companies) just to keep things somewhat sane and somewhat old-school normal. damn. what a waste.

      --

      --
      "It is now safe to switch off your computer."
    4. Re:CONSTITUTION, MOTHERFUCKER by mrchaotica · · Score: 4, Insightful

      I voted for you twice but you're fucking wrong on this.

      I voted for him once, solely due to his "Constitutional scholar" shtick. I figured out that was a blatant lie during his first term, and learned my lesson.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    5. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      I voted for you twice

      Well fuck you too then. This is your fault. Bastard. I'm joking, it doesn't make a difference anyway. Insane McCain certainly would not have been better.

    6. Re:CONSTITUTION, MOTHERFUCKER by Pseudonym · · Score: 4, Insightful

      I'll go further; pick your favorite president - ANY of them (past, living, whatever) and would you honestly believe that they would deny the state its *desire* for 'total info awareness'?

      Eisenhower.

      --
      sub f{($f)=@_;print"$f(q{$f});";}f(q{sub f{($f)=@_;print"$f(q{$f});";}f});
    7. Re:CONSTITUTION, MOTHERFUCKER by rsborg · · Score: 0

      I voted for you twice but you're fucking wrong on this.

      I voted for him once, solely due to his "Constitutional scholar" shtick. I figured out that was a blatant lie during his first term, and learned my lesson.

      Because Mitt would have been that much better. Seriously doubt it, and this year Trump is singing the same tune as Obama (all your keys are belong to us). In our rigged voting system you pretty much have to vote for the lesser evil (which this year would be Bernie Sanders).

      --
      Make sure everyone's vote counts: Verified Voting
    8. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      You only THINK you have a right to "encrypt whatever the fuck" you want, I'm sad to say.

      Quote all the amendments you want if it makes you feel better, the American government has made it pretty clear they don't care what rights you or anyone else think they have. There are only the rights of the political "class" if you will, versus the "privileges" they hand out to their subjects.

      Keep doing it by all means, I'm certainly not going to stop using GPG and full disk encryption just because a talking head in the U.S. told me to, which is all Obama amounts to. If you think you actually have a _right_ to it, though? Try waving that rightful dick of yours in the direction of Homeland Security and see how long it takes you to be housed in a not-so-secret prison without a lawyer or a trial.

    9. Re:CONSTITUTION, MOTHERFUCKER by bug1 · · Score: 1, Interesting

      Its not just the US constitution, its the Universal Declaration of Human Rights that he is disrespecting.

      "Article 19.
      Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers."

    10. Re:CONSTITUTION, MOTHERFUCKER by dbreeze · · Score: 2

      Don't sugar coat it dear Sir, tell 'em how the hell it is. Git 'em.

      I don't think anything short of mass crowds overrunning the centers of government and acquiring the info on what is really going on will change anything though....

      Ladies and Gentlemen, don't expect the powers, principalities, and the spiritually wicked holding high offices to relent. You'll know Trump is just another ringer when he makes into office alive. There are Simon Barsinister types in this world, they're in charge, and they're some real motherfuckers... prepare accordingly.

      --
      When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
    11. Re:CONSTITUTION, MOTHERFUCKER by AchilleTalon · · Score: 1
      If I agree that in the San Bernardino's case Apple should give the FBI what they are asking for. I totally disagree with what Obama is saying now. He is asking for a backdoor and weakened security to allow future investigators to access what they want despite the fact future devices could and should be designed to prevent access to anyone but the owner.

      The San Bernardino's case is different since in that particular case, it is feasible due to the particular iPhone model and the fact the security is such Apple can actually flash the firmware. However, it is not like asking any future smartphone should be designed in such a way the manufacturer should be able to help the FBI or whoever wants.

      --
      Achille Talon
      Hop!
    12. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      you pretty much have to vote for the lesser evil

      No you don't. The only thing necessary for the triumph of evil is for good men to do nothing.

    13. Re:CONSTITUTION, MOTHERFUCKER by camperdave · · Score: 2

      If I were eligible to vote, you can be darned sure I would be thinking of the children. Do I want my kids or yours to grow up in a world where the government has back-doors to everything? Absolutely not! Due process is one thing, but carte blanche is quite another.

      --
      When our name is on the back of your car, we're behind you all the way!
    14. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Because Mitt would have been that much better. Seriously doubt it, and this year Trump is singing the same tune as Obama (all your keys are belong to us). In our rigged voting system you pretty much have to vote for the lesser evil (which this year would be Bernie Sanders).

      I voted for Obama as well. I didn't expect this, though in hindsight Obama was still the lesser evil. I'd like to see a Bernie presidency. I doubt I will, but I'll at least vote in the primary in a few days.

      That being said, the government can physically control trade and prevent the import of the hardware that supports some of this easily, though at some point the people have to consent. Purely software based encryption is usually more attackable, though by no means trivial. For instance to attack a linux server with software based encryption all you need to do is arrange for a power outage when someone is at work, then install a keylogger before they come back. That can even be done through legal channels. The real interesting bit about the apple tech is the secure enclave with self destructing key. They can't just try short keys till it is opened.

      In some ways, a possible, yet truly sad way around the apple encryption is just more cameras. Record everything everywhere. Sooner or later your going to be recorded unlocking your phone. I hope that never happens, but sadly, it could work. A truly valid technique might be to bug a house with a suspect so you see that unlock code. It is the same as the attack on a linux server really, and might be doable in a legal manner with a court order.

      Of course such things don't work nearly as well against dead suspects, but then this was never about justice. They act like electronic proof on a phone is their only resource. I rather suspect most truly evil people leave more breadcrumbs than that.

    15. Re:CONSTITUTION, MOTHERFUCKER by mrchaotica · · Score: 1

      Because Mitt would have been that much better.

      Who said anything about Romney? I voted for Jon Huntsman in the primary, and Gary Johnson (the libertarian candidate) in the general.

      This year will be Sanders though, or the libertarian again if Clinton wins the primary. (Sanders is weak on encryption rights, but strong enough on other stuff that he's worth voting for. Clinton, however, is not.)

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    16. Re:CONSTITUTION, MOTHERFUCKER by LynnwoodRooster · · Score: 4, Interesting

      Bingo. He was the one I was going to name. He specifically warned not just against the military and industry, but Government and education and "big science". What's interesting is the old General Eisenhower - the military man, born, bred, and raised - ended up being the most libertarian, personal freedom loving President we've had.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    17. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Apple has a right to make whatever speech it wants -- or, crucially, to refrain from speaking. In particular, it has a right not to tell the government its signing key, either. First Amendment.

      What's this nonsense? First Amendment? Really?

      Apple has the right to say what it wants in a public forum and be free from government interference. That's what the first amendment is all about.

      Apple might, hypothetically, hold a piece of information relevant to a trial and be compelled by a court to provide it, a matter which has fuck all to do with the first amendment.

      Apple might also have the capability to provide access to information held in an encrypted device. Doing so might also set a precedent for such requests and/or result in other parties gaining that capability. Whether or not Apple can be compelled to do so is an entirely different question, as is whether or not the FBI even need Apple to do so and both of these questions have fuck all to do with the first amendment.

      Seriously, you need to attend some civics classes, because even a foreigner with only the most basic understanding of your constitution groks the first amendment better than you do. As for the fifth, Apple aren't being asked to incriminate themselves, so that's not relevant to this discussion either.

    18. Re:CONSTITUTION, MOTHERFUCKER by CanadianMacFan · · Score: 2

      Depends on what the NSA would have on him. :)

    19. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Because Mitt would have been that much better.

      I had issues with Mitt but at least the Mormon religion he professed regards the Constitution as a divinely inspired document; I don't think he would've strayed as far as Obama has from it.

    20. Re:CONSTITUTION, MOTHERFUCKER by arth1 · · Score: 4, Insightful

      Eisenhower was very nice.
      Nixon was his only vice.

      it's kind of eye-opening that if the republican Dwight D. Eisenhower had run today, he would have been far to the left of Barack Obama and Hillary Clinton on the political spectrum.
      We have drifted so far to the right that we're falling off the edge. And we have republican candidates today that makes Goldwater seem rational.

    21. Re:CONSTITUTION, MOTHERFUCKER by Jack+Griffin · · Score: 1

      I'll support more cops/FBI/etc to make sure all the other approaches are covered.

      What approaches are they then? Seriously, I'd love to hear what suggestions you have for dealing with a world of criminals who now have completely secure data and communications.

    22. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      I feel compelled to point out that those arguing in favor of the FBI on this case have been on both sides of the aisle. This isn't "Totalitarian Obama", this is "Totalitarian Government".

      Even the patron saint of the internet, Bernie Sanders is wishy-washy on this, coming down on "both" sides, saying that privacy is important but he's worried about terrorism.

      If you want to talk government overreach though, let's talk Patriot Act and warrantless wiretaps. The spying has been going on for so long that anyone on the inside of government sees being able to read everything on your phone as a natural evolution of what they've been doing forever - we have new toys, and they want to play with them.

      In case you haven't noticed lately, the feds haven't cared about your constitution for quite a while - goodbye right to privacy, free speech, non incrimination, the works (but don't you even fucking GLANCE in the direction of the guns. 'Murica.)

      Actually... There's a thought. Just reclassify cryptography as a weapon and get the NRA behind it. Immediate right wing support - "OBAMA'S COMIN' FOR MY PRIVATE KEY!"

    23. Re:CONSTITUTION, MOTHERFUCKER by houstonbofh · · Score: 1

      Bingo. He was the one I was going to name. He specifically warned not just against the military and industry, but Government and education and "big science". What's interesting is the old General Eisenhower - the military man, born, bred, and raised - ended up being the most libertarian, personal freedom loving President we've had.

      Makes sense to me. That is what he was fighting for.

    24. Re:CONSTITUTION, MOTHERFUCKER by fnj · · Score: 1

      Eisenhower.

      I'll accept and agree with that, and add a few:
      Truman.
      Kennedy.
      Reagan.

    25. Re:CONSTITUTION, MOTHERFUCKER by fnj · · Score: 1

      I agree that in the San Bernardino's case Apple should give the FBI what they are asking for

      I stopped reading right there.

    26. Re:CONSTITUTION, MOTHERFUCKER by houstonbofh · · Score: 1

      I don't think anything short of mass crowds overrunning the centers of government and acquiring the info on what is really going on will change anything though....

      They are seeing hints of that now with Trump and Sanders, and it is scaring the piss out of them. They keep talking about "the anger of the electorate." It is not anger, but RAGE! Serious, burn the whole thing down, kill them all and let God sort it our, RAGE! And shit like this is why.

    27. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Presumably, he knew firsthand how that whole "tree of liberty" needing the "blood of patriots and tyrants" thing works.

    28. Re:CONSTITUTION, MOTHERFUCKER by shilly · · Score: 1

      "Due process is one thing, but carte blanche is another" -- beautifully, pithily put.

    29. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Apple has a right to make whatever speech it wants -- or, crucially, to refrain from speaking.

      Actually, courts have LONG ruled that things DO NOT work like that. There are some things that you cannot say, and sometimes you can be compelled to say things. Hence, yelling "FIRE" in a crowded room can be illegal if there is no fire, for the classic example.

      If you want to look at the US Constitution and derive directly all laws, you are looking for not common law like it works in the US, but civil code like France or Germany.

    30. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Sanders is completely retarded on everything related to economics. Luckily, both Republicans and Democrats realize he's a pandering idiot and both parties wouldn't pass anything he attempted.

    31. Re:CONSTITUTION, MOTHERFUCKER by jez9999 · · Score: 1

      Because Mitt would have been that much better. Seriously doubt it, and this year Trump is singing the same tune as Obama (all your keys are belong to us)

      At least he doesn't give a speech from a fucking mosque about how amazing Islam is and how peaceful all Muslims are at a time whern hundreds of millions of them want to destroy the west and many millions of them in the west are refusing to integrate.

    32. Re:CONSTITUTION, MOTHERFUCKER by drinkypoo · · Score: 1

      Fuck you. I voted for you twice but you're fucking wrong on this. And you're a piece of shit for trying to tie it to "think of the children".

      While I agree with what you're saying about Obama, I'm a bit confused about how you could vote for him twice. The first term wasn't enough to convince you that he's a corporate tool?

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    33. Re:CONSTITUTION, MOTHERFUCKER by drinkypoo · · Score: 1
      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    34. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Actually, no.
      We have drifted to the totalitarian side, not to the right side. Current government is on the left-totalitarian side, not the right-totalitarian side, or the right-libertarian side.

    35. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Unlike Nazi Germany, we have nukes. That's about the only difference.

    36. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Bingo. He was the one I was going to name. He specifically warned not just against the military and industry, but Government and education and "big science". What's interesting is the old General Eisenhower - the military man, born, bred, and raised - ended up being the most libertarian, personal freedom loving President we've had.

      I don't think that Eisenhower was "libertarian, personal freedom loving". He took his oath on the Constitution seriously. He did not send the army to segregate Southern schools out of respect for the blacks, but out of respect for the Supreme Court and its verdicts rooted in the Constitution.

      He did the job he was sworn into. Wholly and honestly. If he's "ended up being the most libertarian, personal freedom loving President we've had" it's just because that was in the actual job description most other presidents were not able or willing to follow through with.

      He was an engineer and did what was necessary to meet the specs. Which were written a long time ago by libertarian, personal freedom loving people most people these days consider historic curiosities.

    37. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      it's kind of eye-opening that if the republican Dwight D. Eisenhower had run today, he would have been far to the left of Barack Obama and Hillary Clinton on the political spectrum.

      It's more eye-opening that Washington and Madison would be in jail or executed by drone without due process.

    38. Re:CONSTITUTION, MOTHERFUCKER by Mass+Overkiller · · Score: 1

      I think a real leader might have wanted to side with the FBI but knows the slippery slope that's created. Its a tough leader that would willingly restrict government on his own.

    39. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      I wouldn't say "completely retarded." I think he knows that most of what he wants won't happen, but you are better off asking for the whole loaf if want to get more than crumbs, as he said. There is this myth that he doesn't know what he is doing, he knows exactly what he is doing. He is either winning the pandering game with huge bodies of the Democratic party and independants, or he is coming to the table with a strong position to start negotiations, something Republicans said they respect in their own candidates. I mean, they adopted the informal title of "the party of no." ANd if you need more justification for starting strong, just look at what Obama did against the party of no. His greatest achievement was the republican healthcare plan from a decade ago and preemptive compromised cost him even more in other situations.

    40. Re:CONSTITUTION, MOTHERFUCKER by LynnwoodRooster · · Score: 1

      The Constitution, by design, is libertarian and based on personal freedom. It even explicitly states that anything - ANYTHING - not explictly granted to the Federal Government is reserved for the States, or the People. If it's not listed straight out - the FedGov doesn't get it. Now, 200+ years of "inferrence" and "implied" powers has slid down the slope a LONG way, but the Constitution was supposed to be explicit and direct.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    41. Re:CONSTITUTION, MOTHERFUCKER by LynnwoodRooster · · Score: 1

      Actually, Mitt might have been better as his position on Corporations as people would extend full 4th Amendment rights to Apple and prevent this nonsense.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
    42. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Damn you're a naive idiot! STFU!

    43. Re:CONSTITUTION, MOTHERFUCKER by Anonymous Coward · · Score: 0

      Citation? Evidence? Something?
      Your statement about Eisenhower being more left than Obama and Hillary borders on the absurd. This country has been marching blindly toward the left since the New Deal.

  5. May I be one of the first to day it.... by cayenne8 · · Score: 5, Insightful
    ...but Fuck You mr. Obama!!

    Who is he to say what privacy and levels of encryption that the US citizens should be privy to?

    Sure if you have impenetrable phones, some criminals will use them....

    But do we get rid of all other devices criminals might use?

    Do we round all blades and dull all knives, because some criminal might stab someone?

    Do we stop letting people drive cars...because some folks might use one as a weapon and kill lots of folks?

    No...we don't need any more of the Nanny State mentality, that the Govt knows best and needs full access and control over the population in order to care and protect it from itself.

    It is not the job of the citizenry, nor the companies of the US to go out of their way to make things easy for the police/powers that be. You work for us, we don't work for you.

    Sorry, but FU....

    --
    Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    1. Re:May I be one of the first to day it.... by Brett+Buck · · Score: 4, Insightful

      You are far from the first, many of us have beat you to that one. *Anyone* who didn't see this coming 8 years ago is a fool or willfully ignorant.

    2. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      all these fuckers want is preservation of the status quo, i.e. keep the billionaires fucking us over.
      If 10,000 unarmed demonstrators on Tienanmen square scared the fuck out of China, what would 400,000 armed ones do?
      Complete takeover just like Mao.
      That's what is scaring them. The constitution has been a thorn in the eyes of the bastards from day one, all they want is to destroy it (more).

    3. Re:May I be one of the first to day it.... by Plus1Entropy · · Score: 1

      Wow, you saw the San Bernardino attacks coming 8 years in advance? Why the hell didn't you warn us, asshole?

      --
      Only crack the nuts that crack. You don't put the ones that don't crack in the sack.
    4. Re:May I be one of the first to day it.... by Dunbal · · Score: 3, Insightful

      And anyone who said they saw this coming was called a nut, tinfoil hat, paranoid or conspiracy theorist. Some people don't realize they're drowning until they actually feel the water burning inside their lungs.

      --
      Seven puppies were harmed during the making of this post.
    5. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      1990 called...

    6. Re:May I be one of the first to day it.... by Brett+Buck · · Score: 2

      Don't forget our favorite - racist.

    7. Re:May I be one of the first to day it.... by log0n · · Score: 4, Insightful

      Eight years ago? Fuck that.. are you forgetting the Patriot Act? Or do you only get a privacy boner when it's Obama..

    8. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      and xenophobic

      And it's not surprising then they get bitter, they cling to guns or religion or antipathy toward people who aren't like them or anti-immigrant sentiment or anti-trade sentiment as a way to explain their frustrations

      http://www.politico.com/blogs/ben-smith/2008/04/obama-on-small-town-pa-clinging-to-religion-guns-xenophobia-007737

    9. Re:May I be one of the first to day it.... by fustakrakich · · Score: 2

      The people chose between Obama and McCain. I don't play the lesser evil game, but for the sake of argument, strictly between these two, which do you think is the better choice in regards to encryption? You will not find what you're looking for with a republican or a democrat, and since most voters do play the lesser evil game, don't expect any improvement.

      --
      “He’s not deformed, he’s just drunk!”
    10. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      Great.. so Obama is going to outlaw guns now too? Coz someone might shoot someone! RIght?

    11. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      Boom, score one for the AC

    12. Re:May I be one of the first to day it.... by camperdave · · Score: 1

      Don't forget our favorite - racist.

      Archie Bunker?

      --
      When our name is on the back of your car, we're behind you all the way!
    13. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      The VISA process for the wife should have picked up on it before it happened. However, questioning immigrants, legal or illegal, is apparently racists now so it wasn't done for that reason. The real reason was they wanted something like this to happen so they could set a precedent to break all consumer encryption. I've heard it pointed out the IPhone 5 keeps the key on the hard drive, not the chip like the model 6. FBI could make hundreds of copies and try all passcodes within a day, but they don't care if they get into THIS phone, they want all phones.

      The US government sacrificed 17 citizens to set up this precedent. It would have been better if he had the IPhone 6 because then their argument would be valid, but they are basically going along the lines of the media is too stupid to report the truth and it becomes good enough. If it wasn't those 17 it would have been another group.

      You will notice after all these mass shootings they have a bill restricting your rights ready to pass that day. They just pick the one out that looks like it fits the circumstances and run with it. They probably have a pile of them ready to go.

      You will note that the "racist" Trump is the only one running for president that is advocating a change in policy that would have prevented this shooting without trampling the rights of US citizens. But you can't agree with his stance because then you will be a racist too and they don't want to fix the problem, just use it for political advantage.

    14. Re:May I be one of the first to day it.... by Razed+By+TV · · Score: 1

      *Anyone* who didn't see this coming 8 years ago is a fool or willfully ignorant.

      You make it sound like Obama created this problem.
      He did not. However, I did expect him to clean it up, instead of adding fuel to the fire.

      It looks like no matter what, it is only going to get worse. You can blame it on Bush, a Clinton, Obama, Jesus, or Santa Claus. It doesn't matter who your scapegoat is. It doesn't change the fact that we are screwed. No candidates are running on a platform of ensuring citizen privacy and constitutional rights. I can vote Trump or Sanders just to stick it to my party, but in the end the outcome will be the same. Neither party is looking out for the citizens at this point.

    15. Re:May I be one of the first to day it.... by ArsonSmith · · Score: 1

      so 16 years ago then, or 24...no 28 or was it 36 crap I think I'm getting to old to care about this crap. Same shit different face. I've decided I don't even care if Trump wins.

      --
      Paying taxes to buy civilization is like paying a hooker to buy love.
    16. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      I have never seen the words "Trump" and "policy" used in the same sentence before. Trump only has positions, and only on 5 different issues.

    17. Re:May I be one of the first to day it.... by russotto · · Score: 1

      And anyone who said they saw this coming was called a nut, tinfoil hat, paranoid or conspiracy theorist. Some people don't realize they're drowning until they actually feel the water burning inside their lungs.

      That's optimistic. Most people are much less aware than that. They will feel the water burning inside their lungs, and still believe the government when it tells them the answer is to breathe in more water.

    18. Re:May I be one of the first to day it.... by fustakrakich · · Score: 1

      Oh no! I misplaced my post!

      --
      “He’s not deformed, he’s just drunk!”
    19. Re:May I be one of the first to day it.... by houstonbofh · · Score: 1

      You are far from the first, many of us have beat you to that one. *Anyone* who didn't see this coming 8 years ago is a fool or willfully ignorant.

      8 years ago? https://en.wikipedia.org/wiki/... Fighting this is not something you do once.

    20. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      The most telling bit concerning Obama and this particular issue was his vote on the telecom immunity act.

      Yes, we saw it coming, and even tried to warn people like you at the time. To try and frame it as the other side is just as bad... I voted Libertarian. Fuck you.

    21. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      You mean most of slashdot then?
      8 years ago if you dared to post anything about it you would be called out as a conspiracy theorist and a nutcase.

      It is funny how everyone here who once denied it now claims it is was always common knowledge instead of just admitting they were wrong and ignorant.

    22. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      Trump is going to build a wall to keep out illegals. Trump is going to stop letting foreigners immigrate from terrorists states until Congress can find a proper way to vet them.

      Sounds like 2 ideas that are reasonable that would stop this without trampling rights of citizens. You will also note his stances on these issues has labeled him a "racist" and you should find these ideas of his unacceptable. Since you seem to have gone along, congratulations you are probably part of the problem now.

    23. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      You make it sound like Obama created this problem.
      He did not. However, I did expect him to clean it up, instead of adding fuel to the fire.

      It looks like no matter what, it is only going to get worse. You can blame it on Bush, a Clinton, Obama, Jesus, or Santa Claus. It doesn't matter who your scapegoat is.

      So far this millenium, with the election choices we're given, it seems like the question we're being asked is, Do you want your Constitution dismantled from the left or from the right?

    24. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      I think a significant number of people were actually choosing between Palin and Biden. ;)

    25. Re:May I be one of the first to day it.... by fustakrakich · · Score: 1

      That's what I used to say about Cheney and Lieberman way back when. It's a tough choice.

      --
      “He’s not deformed, he’s just drunk!”
    26. Re:May I be one of the first to day it.... by Anonymous Coward · · Score: 0

      I agree. Obama said a lot of the right things to get to where he is, but he already tipped his hand when he voted for the telecom immunity back in 2008 before the election. To hear Obama say things like this is certainly disappointing, but not at all surprising.

    27. Re:May I be one of the first to day it.... by ColdWetDog · · Score: 1

      "It was necessary to destroy the village in order to save it."

      Anybody remember that?

      --
      Faster! Faster! Faster would be better!
  6. FWIW by rmdingler · · Score: 1
    Sometimes people get confused in their loyal devotion to a particular party.

    The elephants and donkeys keep rotating as President while we angrily unelect the responsible ruling party approximately every eight years.

    But neither side trusts the public that votes it in or is disinterested in its' surveillance.

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

    Ernest Hemingway

  7. He basically said "give us a back door" by 93+Escort+Wagon · · Score: 4, Insightful

    From the Engadget article: Obama said we'll have to figure out "how do we have encryption as strong as possible, the key as secure as possible and accessible by the smallest pool of people possible, for a subset of issues that we agree is important."

    If we give the government a back door to our data, it's only a matter of months before criminals and other nation states have that key. I've pointed this out before, but - just in the past twelve months, both the IRS and OPM had extremely sensitive information very thoroughly hacked.

    You simply can't design back doors into an secure system and expect it to remain secure. We had these discussions before, back in the Clipper Chip days! To the best of my knowledge, the laws of mathematics haven't changed over the past two decades.

    --
    #DeleteChrome
    1. Re:He basically said "give us a back door" by Frobnicator · · Score: 1

      To the best of my knowledge, the laws of mathematics haven't changed over the past two decades.

      No, but every two years we get an election with a new batch of congress-critters, and every four years an election with a new commander-in-chief.

      While some people stick around for many years, the institutional memory of government is extremely short.

      --
      //TODO: Think of witty sig statement
    2. Re:He basically said "give us a back door" by Anonymous Coward · · Score: 0

      I keep thinking about analogies to a safe that in practice the authorities can get into with a warrant, a locksmith, and enough work. It doesn't require someone arrested to incriminate themselves. There are legitimate reasons why the police can access stuff that is ordinarily private. The problem is, these computing devices are different. They are always connected to the network in some way and if you make it any easier to get into in any general way, then it is vulnerable to *anybody*. It defeats the point of having any security at all. There are enough flaws in "uncrackable" DRM-style encryption systems that I don't trust any of it if there is a "known" way in held in escrow. If they can find the blu-ray, hdmi, playstation, and innumerable other supposedly "private" keys, then it's only a matter of time until the whole system is sunk. It's the stupid Clipper chip all over again!

      When is it going to sink in: what politicians are asking for is not technically feasible. The government is asking for something that is mutually exclusive of what the public and business is asking for and needs.

      The only practical "middle road" I can think of is some kind of hardware system where only if you have physical access to the device and can get inside it in a fairly invasive and irreversible way that anyone would notice (i.e. no clandestine government access possible) would it be possible to get in. No software access at all. You'd have to lawfully seize the device, get a warrant to access, and then break in. And it shouldn't be easy. It should be tough. Not something you could do in 5 or 10 minutes.

      Some kind of key escrow software scheme? Don't even try. It would be a disaster.

    3. Re:He basically said "give us a back door" by MacDork · · Score: 4, Informative

      If we give the government a back door to our data, it's only a matter of months before criminals and other nation states have that key.

      I'm not even concerned about that. If the US Government has the key, that alone is bad enough. This is the same government that has systematically attacked developers as a group. Not terrorists. Software developers. They've launched the digital equivalent of a drone strike on users of this very site. They've developed malware that looks like developer tools. Coincidently, just such malware showed up to attack Chinese developers.

      I am just gob smacked that Obama can show up at SXSW for any other reason than to apologize to us. He wants us to dig our own mass graves. Here is your shovel developer. Start digging.

    4. Re:He basically said "give us a back door" by jbmartin6 · · Score: 1
      Best idea other than not have one might be to get a copycat phone from China. I figure there's a lot less threat if the Chinese government spies on me.

      Snowden’s leaks have complicated the encryption issue, Obama said, by "elevating people’s suspicions" of government surveillance.

      I think he meant 'validating' not 'elevating.'

      --
      This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
    5. Re:He basically said "give us a back door" by argumentsockpuppet · · Score: 5, Interesting

      Three points

      • You can't legislate away math
      • Trying to is bad for the US
      • Phone encryption doesn't work like you think, so this is worse than you think

      1) Encryption exists because the math has been done and is widely available. You don't have to be Apple or Google to use strong encryption. Personally I like dm-crypt with LUKS, but there are plenty of options available to secure data that don't depend on approval by the US or any government. Obama was just wrong, we've long had "black boxes" inaccessible to the government and it is literally impossible to keep them from happening. The tools already exist outside the US to securely encrypt data. If you're determined, you can even create "black box" encryption for your personal paper journal: https://en.wikipedia.org/wiki/... or http://slashdot.org/comments.p...

      2) If US companies are legislated into creating back doors into their systems, then those companies will lose potential sales because a significant number of people in the world don't trust the US government. While people who really want both security and a particular brand of phone could find ways to get both despite legislated back doors, most won't because there will be easier alternatives from companies that aren't subject to US law. When Samsung decides they won't create phones subject to US restrictions, they'll sell them everywhere Apple phones used to be sold, which isn't great for Samsung if they lose US sales, but will be disastrous for US companies that would have gotten those sales. (And hired people in the US and paid taxes in the US.)

      3) Each phone has a key which is encrypted with your passcode and a unique id on the phone. When you change your password, the key doesn't change, all that changes is what code it is encrypted with. There are two ways that the government could legislate access to that phone: First every phone could be required to use one of a few keys retained by the manufacturer. If any of those keys are ever shared, every phone using those keys is no longer effectively encrypted. Second, the manufacturer could keep a copy of each key used by each phone so that any one key would decrypt only one phone. You can split up the keys into parts and store them separately and offline and with different parts of each key held by different entities. That would mean that in order to secure any phone, law enforcement would have to subpoena multiple parties for each part of the key specific to the phone they want to decrypt. Either method fails for the government if a criminal cares to put in the effort, since all the criminal has to do is get the key stored in the phone originally to be changed, usually a fairly trivial hack. The downside is that the countermeasure is to have the current key always electronically transmitted home, which would likely be required, making alternatives used and US distrust more and more likely to be problems. So it isn't true that "it's only a matter of months before criminals and other nation states have that key" but the other issues are just as bad.

    6. Re:He basically said "give us a back door" by camperdave · · Score: 3, Informative

      If we give the government a back door to our data, it's only a matter of months before criminals and other nation states have that key.

      If we give the government a back door to our data, it's only a matter of months before *OTHER* criminals and other nation states have that key.

      FTFY

      --
      When our name is on the back of your car, we're behind you all the way!
    7. Re:He basically said "give us a back door" by Anonymous Coward · · Score: 0

      I think the important part is "for a subset of issues that we agree is important."

      Our country exists because freedom. This is an attack on freedom. It's not a subset of issues, it's the most important issue of our time.

      At least his handlers played the Friday card on this one.

    8. Re:He basically said "give us a back door" by Jeremi · · Score: 1

      I figure there's a lot less threat if the Chinese government spies on me.

      I wouldn't worry too much about the Chinese government either; but I would worry about Chinese hackers one day using your phone to empty your bank account and max out your credit cards.

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    9. Re:He basically said "give us a back door" by jbmartin6 · · Score: 1

      That's a good point, I had overlooked this. I don't care much about the credit cards, which are the bank s problem. But the rest.

      --
      This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
    10. Re:He basically said "give us a back door" by fnj · · Score: 1

      The government is the LAST goddam entity I want to have this capability. I am not in the least bit surprised that Obama is a total fucking tool, and anybody who didn't know that seven years ago is an idiot.

    11. Re:He basically said "give us a back door" by bool2 · · Score: 1

      3) Seems far too complicated. How about shipping each phone with a unique back door public key. Every time the user changes the key, two copies are stored. The first encrypted using some derivative of the user's password, the second encrypted using the phone's unique backdoor public key.

      When gubbermint wants access they get a subpoena and make manufacturer cough up the code.

      In theory that's no less secure than we have it now - given that the manufacturer already holds a golden signing key for your phone.

    12. Re:He basically said "give us a back door" by Anonymous Coward · · Score: 0

      You can't legislate away math

      Maybe not, but you can try to take over its teaching.

    13. Re:He basically said "give us a back door" by silas_moeckel · · Score: 1

      We have that device now, TPM and similar chips need a complex physical design to prevent somebody from lapping them down and inspecting the contents directly. Thats an expensive process for sure and takes time. It's not a horrid compromise, you can just swap chips, need physical access etc.

      What he is asking for is a cheap easy way to do it as a matter of course.

      --
      No sir I dont like it.
    14. Re:He basically said "give us a back door" by argumentsockpuppet · · Score: 1

      You suggest the manufacturer modify the software and also create a phone specific public-private keypair and retain that so they can get the password to be able to decrypt the key. Compared to just keeping a copy of the key like I suggested, that sounds far more complicated.

      What I suspect sounded complicated to you is the idea of splitting the key. They should do that no matter what they retain, because otherwise one person can be coerced into giving up all the keys at once.

    15. Re:He basically said "give us a back door" by bool2 · · Score: 1

      Aah, yes. I had jumped ahead in my thinking imagining that everyone was on the same page! Doh. Sorry. :-)

      In the event of the password being lost, the phone would be useless unless a new key could be created and securely transported to the Great Database. I thought that, in practice, would be unnecessarily complicated.

      Also a fixed symmetric key could be compromised by the user himself, prior to selling the phone to some unsuspecting user. No more pin needed.

      I think the public-private keypair suggestion fixes those issues.

      The key splitting idea is a good one btw.

    16. Re:He basically said "give us a back door" by argumentsockpuppet · · Score: 1

      You're assuming that the user wouldn't be able to remove or modify the public key stored on the phone. I'm assuming the user wouldn't be able to change the data encryption key stored on the phone. I'm not sure which would work best from a programming perspective.

      I think from a government perspective, recovering the password might be more useful since people tend to reuse passwords and they might get lucky and be able to use the same password but that's hardly a guarantee, since that's poor security practice. Speaking of poor security practices, I wonder if admitting there are ways to implement a relatively secure backdoor is a good idea. Well sometimes I wonder, other times I think it's better to suggest the possible best ways rather than trust that our clueless legislators will get it right on their own.

    17. Re:He basically said "give us a back door" by ColdWetDog · · Score: 1

      but I would worry about Chinese hackers one day using your phone to empty your bank account and max out your credit cards.

      Haha. Already did that. (signed, your average American).

      --
      Faster! Faster! Faster would be better!
    18. Re:He basically said "give us a back door" by ColdWetDog · · Score: 1

      Our country exists because freedom.

      How cute. Our country exists because we started biological warfare on the indigenous humans and then took over an enormous resource base that we have skillfully curated into into the dominant military and economic force of our times.

      Personal freedoms really are a side note here.

      --
      Faster! Faster! Faster would be better!
  8. Then how do we... by Anonymous Coward · · Score: 0

    The same way we've been doing it for 200, 300 years. By having military and intelligence groups doing their jobs. I'm sorry if your job is hard, I really am, but giving people an automatic backdoor through our security is not the way to do it. And it is people. A government of people, with all the flaws of people. Just like all the child pornographers are people, and the terrorists are people. And I don't want any people to have that access, weather I've elected them or not.

    Once a backdoor exists, the encryption just keeps honest people honest. And it isn't the honest people that I'm encrypting my phone from.

  9. What's the point of encryption by future+assassin · · Score: 4, Interesting

    is there are going to be glaring back doors to devices?

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  10. Can't be allowed to be black boxes by Chas · · Score: 5, Insightful

    Yes. Yes we can.

    Because the government has no legitimate reason to demand ad-hoc access to any device at any time.

    If this means, on occasion, that the government can't get into a given criminal's devices? C'est la vie.

    The government couldn't get someone like Al Capone for mob activity or running illegal alcohol.
    They had to be creative in how they got at him.

    Basically the government isn't arguing that they CANNOT get the data.

    Just that it's HARD to. And they want an easy back door into systems.

    And they're now willing to completely compromise user safety on more than just phones.

    The government needs to be told "Fuck No" as forcibly as possible.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:Can't be allowed to be black boxes by Anonymous Coward · · Score: 1

      > The government couldn't get someone like Al Capone for mob activity or running illegal alcohol. They had to be creative in how they got at him.

      Which is also BS. We want to convict you on something, so we will go through the lawbooks until we find something to convict you of.

      Also, don't forget "ignorance of the law is no excuse."

      "Show me the man, and I'll show you the crime"

      http://www.wsj.com/articles/SB...

      http://www.amazon.com/Three-Fe...

    2. Re:Can't be allowed to be black boxes by spire3661 · · Score: 1

      Capone was LEGITIMATELY convicted of a real law. The same laws Wesley Snipes did federal prison time for.

      --
      Good-bye
    3. Re:Can't be allowed to be black boxes by Anonymous Coward · · Score: 0

      If this means, on occasion, that the government can't get into a given criminal's devices? C'est la vie.

      I once heard it said that in our judicial system we sometimes let the guilty go free to better insure that we don't punish the innocent. Your line here reminded me of this.

    4. Re:Can't be allowed to be black boxes by Chas · · Score: 1

      Yeah. I don't like it.
      And in a perfect world, it wouldn't be that way.
      But I'll be damned if I'm going to be stripped of my liberties just because the government can't legitimately catch a criminal any other way...

      --


      Chas - The one, the only.
      THANK GOD!!!
  11. speaking of black boxes... by Lead+Butthead · · Score: 5, Insightful

    But citizens are expected to accept the government as black boxes. Did I miss something?

    --
    ELOI, ELOI, LAMA SABACHTHANI!?
    1. Re:speaking of black boxes... by gtall · · Score: 1

      Yup, the Freedom of Information Act and all the millions the government spends to give you access.

    2. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Don't forget the millions the government spends to persecute whistleblowers...

    3. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      But citizens are expected to accept the government as black boxes. Did I miss something?

      Yeah, you did.. you misspelled "black boxing ball".

    4. Re:speaking of black boxes... by HeLLFiRe1151 · · Score: 5, Interesting

      Don't forget the millions of documents the Government has marked secret even though the documents merely embarrass them.

      --
      I've got 101 mod points and you can't have them!
    5. Re:speaking of black boxes... by Anonymous Coward · · Score: 4, Informative

      Yup, the Freedom of Information Act and all the millions the government spends to limit your access.

      FTFY

    6. Re:speaking of black boxes... by rtb61 · · Score: 4, Interesting

      Snowden, Manning and Assange would beg to differ on that. In fact just using logic to figure out the insane psychopathic schemes can get you in trouble and investigated as say a Russian agent, ohh ahh. How many political activists have been publicly attacked by the government, who have turned false prosecution as persecution into a fine art. This all backed up by main stream media, joining in on the attack.

      No black boxes, will lets get rid of the secrets at the top first. That's exactly where the cause the most harm, kill the most people and work to actively destroy our democratic future. Apple wants to sell privacy and security because it gives them a huge marketing edge against M$ Windows anal probe 10, than fine, no problem. That M$ with it's lobbyists launches a completely corrupt attack against Apple to cripple Apple's ability to sell privacy and security, keeping the background conspiracy and collusion secret because they have basically sold us all out, is fucking awful and as evil as it gets. Corporations run government and this whole bullshit is nothing but M$ corporate manoeuvring, really lame corrupt shit.

      --
      Chaos - everything, everywhere, everywhen
    7. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Hey, [redacted], why don't you [redacted] and [redacted] yourself. Get the [redacted] out [redacted] [redacted] of my country.

    8. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Good on you. I used to speak out as you do, now I'm a "Targeted individual" being attacked by directed energy weapons. You have been warned.

      Captcha (always seemingly relevant): Compel

    9. Re:speaking of black boxes... by Jack+Griffin · · Score: 1

      The govt isn't a black box, and even if it were you can always vote it out.

    10. Re:speaking of black boxes... by superdave80 · · Score: 2

      Plus, all that black ink they place over all the redacted sections isn't free, either...

    11. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      The TSA is 100% ineffectual and harmful to liberty, profit, time, and common sense.

      But literally no one will disband this. And it was put in place by a Republican who ran on small government as a core platform.

      Prove to me that votes matter on issues like this.

      Please.

    12. Re:speaking of black boxes... by KGIII · · Score: 5, Interesting

      I think I finally came up with a word, a single word, to describe Obama - and it's consistent throughout his nationally public career.

      "Condescending."

      I've been alive since 1957. He's the most condescending president I've ever seen. Sadly, I don't think most people have noticed it and I wasn't really able to put a word to it until just a few seconds ago when I was reading your post. I can think of lots of words but that one seems to sum it up nicely - at least for me.

      --
      "So long and thanks for all the fish."
    13. Re:speaking of black boxes... by thorham3011 · · Score: 1

      Yup, the Freedom of Information Act and all the millions the government spends to give you access.

      So what? Citizens don't owe the government anything. Governments exist only to serve the citizens... or that's how it should be.

    14. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Yup, the Freedom of Information Act and all the millions the government spends to give you access.

      I'm sorry, can you speak up? I can't seem to hear you over the white-noise generators mandated by the FISA elephant in the room.

      You must have no sense of smell either, 'cause that elephant has been here a long time, and that is a BIG pile of shit.

    15. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      RIght, and we can't see how F-22 works?

    16. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Never gotten that impression myself, now if it was Cruz, or Rubio, yes, absolutely. Or last time, Romney.

      Not so much Trump. Trump is pompous, which is slightly different.

    17. Re:speaking of black boxes... by Max_W · · Score: 1

      Governments exist only to serve the citizens... or that's how it should be.

      To speak and think about a government without any reference to ideas of great philosophers of past centuries is like speak about mathematics without heritage of René Descartes or Gottfried Leibniz.

      This is not why government appeared and exist at all.

    18. Re:speaking of black boxes... by jcr · · Score: 1

      A bunch of people vote for Obama because they wanted an end to Bush's policies. Tell me again how "voting it out" is supposed to work, you tragic little fool.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    19. Re:speaking of black boxes... by Grishnakh · · Score: 3, Insightful

      Yep, that's a very apt word to describe Obama. It started right after he got elected, when his Administration adopted the attitude "thanks for the help, we'll take it from here" towards all his supporters and those who elected him, and promptly did a 180 and adopted almost all the Bush Administration policies.

      And we see it again now with Hillary and her supporters: they're completely condescending towards Bernie supporters, with the attitude "ok, you've had your say, now you need to get behind Hillary so we can beat the Republicans, and all your concerns about her are silly".

      The modern Democratic Party seems to be simply full of condescension; no wonder Bernie supporters hate Hillary so much and standard Democratic politics. The party stands for corruption and condescension, and Bernie is about the only hope they have to turn it around.

      Oh well, I guess we can look forward to President Trump next year. Obama and Hillary seem to be doing everything they can to piss off everyone on the left or center who isn't a believer of elitist corporatist authoritarianism.

    20. Re:speaking of black boxes... by Grishnakh · · Score: 1

      It's supposed to work by choosing a good candidate, that's how.

      The voters in 2008 were naive and stupid. They elected a guy with no track record at all, and blindly believed all his lies about hope and change.

      This time around, we have two Democratic candidates with very long political records, so you absolutely can make an informed choice. Hillary has been in politics for several decades now, and has a strong record of supporting Wall Street, being personally involved in and profiting from arms deals, being against same-sex marriage, helping install a militarized regime in Honduras based on repression, I could go on and on. Bernie has been in politics since the 60s, and has a strong record of supporting regular people and supporting progressive social causes like equal rights for blacks (he was present at MLK's "I Have a Dream" speech) and not working for any corrupt special interests.

      I guess we'll see pretty soon which one of these the Democratic voters prefer. But they absolutely do have a choice, and you can't claim that you don't really know these candidates based on their prior histories.

    21. Re:speaking of black boxes... by jcr · · Score: 2

      Aw, that's cute. You think Bernie's going to live up to his PR, just like Obama didn't.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    22. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Thats a good way to get them to stop watching you. Just pretend to be a harmless schizophrenic.

    23. Re:speaking of black boxes... by ArmoredDragon · · Score: 1

      Oh well, I guess we can look forward to President Trump next year.

      I kind of doubt it. Trump has alienated so much of the voting base that there's no way he'll win in the general election. And given that Hillary is almost guaranteed to be the D nomination, she's probably going to win.

      She'll likely be a one termer though; whoever the next president is is going to have to deal with a bad economy. That, and the amount of dirt that will surface about her during this time will probably be enormous. My name for her is "The Queen of Corruption".

    24. Re:speaking of black boxes... by Grishnakh · · Score: 2

      I think it's a toss-up. Hillary has alienated a lot of people too, on both sides, and she's a war hawk. If it comes down to her vs. Trump, I'll have to vote for Trump because he's much less likely to start another war, as stated in this HuffPost article.

      When the choice is a) ban all immigration by Muslims, or b) start another war in the middle east, which is just going to strengthen groups like ISIS, I'll pick a).

    25. Re:speaking of black boxes... by Grishnakh · · Score: 1

      Wow, are you really such a retard that you think someone with a 35 year long record in politics is somehow going to do a 180 like a guy who voted "present" a few times and never served a full term as a politician?

      What a moron.

    26. Re:speaking of black boxes... by TigerPlish · · Score: 1

      The govt isn't a black box, and even if it were you can always vote it out.

      It is a black box, you and I cannot see into the deepest inner workings, and voting out those inner workings is nigh impossible.

      I don't like to sound defeatist, but our government is unchangeable in the short and medium term. I think effective change will take a century from now.

      Vote out the President? That's just a sham, a show. Go right ahead, vote for any cocksucker you want -- it won't matter.

      We don't have a century. So what is there to do?

      Change the bottom FIRST, America. Fix that and the rest will follow.

      --
      The "Civilized World" jumped the shark ca. 1973.
    27. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      You're not alone. He truly is. I really wanted to like him too. He's not total garbage, but sadly he's parsecs from what he could have been.

    28. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Aw, that's cute. You think Bernie's going to live up to his PR, just like Obama didn't.

      It seems like a smaller recipe for disaster to hope that Bernie is going to live up to his PR than hoping that Trump isn't going to live up to his. Because the latter will not be moderated by shame.

    29. Re:speaking of black boxes... by KGIII · · Score: 1

      I tried to like him when he was first getting popular. I'm definitely not a Republican, to put it into perspective. I'm not a Democrat either. I am pretty left in practice or preference except I like to express it as; I'm hold the political views I hold because of logic and reason and not emotions or morality.

      So, I tried to like Obama. I've agreed with some of what he's said - but I don't need to be spoken down to, I don't need the patronizing, I probably understand the subjects as well (if not better) than he does - and he's the president. I understand that health care is important and something that we need to improve access to. I understand that we are, for better or worse, a society and we need to keep that in mind - that we are one society. I know this.

      I wasn't really able to put a word to it until last night. I really think condescending fits.

      --
      "So long and thanks for all the fish."
    30. Re:speaking of black boxes... by giampy · · Score: 1

      Indeed IMO this lack of symmetry is the real problem, and it does need to be fixed.

      I am willing to sacrifice some of my privacy but so should government officials at all levels regarding the execution of public functions.. Actually governments should be almost totally transparent, since the idea is that they work for us, and everybody should check to see what they are doing and how.

      Fighting closeness and lack of transparency (on the governments part) with and escalation of "privacy no matter what" for everyone including criminals is not going to lead to a functional society IMO.

      --
      We learn from history that we learn nothing from history - Tom Veneziano
    31. Re:speaking of black boxes... by vipvop · · Score: 1

      You're arguing with a guy who signs his posts, of course he's a moron

    32. Re:speaking of black boxes... by AutodidactLabrat · · Score: 1

      Good thing to be when dealing with the 70% who loved Bush after 9-11 proved he was incompetent!

    33. Re:speaking of black boxes... by ChrisMaple · · Score: 1

      Bernie is for all practical purposes a Fabianist - someone who wants to bring about communism slowly. His "equal right for blacks" work, though important to him, is going to be mostly window dressing to those he appoints. In his colossal .ignorance of economics he will impoverish the country while empowering thuggish unions. He'll continue the leftish weakening and undermining of the US military because he can't understand that Russia, China, Cuba, et. al. are not our bosom buddies.

      --
      Contribute to civilization: ari.aynrand.org/donate
    34. Re:speaking of black boxes... by ChrisMaple · · Score: 1

      The President sets the tone of government, proposes legislation, and has veto power over legislation he doesn't like (subject to override). Without Obama or someone like him, we wouldn't have the monstrosity that is Obamacare.

      A president provides a role model, and disgraces like Bill Clinton and Obama hasten the nation's collapse and undermine any chance of instilling character into the youth. A good president inspires people to better behavior and gives breathing room for bottom-up changes to have an effect.

      --
      Contribute to civilization: ari.aynrand.org/donate
    35. Re:speaking of black boxes... by Grishnakh · · Score: 1

      Wow, this is some stupid shit here.

      Bernie is a democratic socialist. His ideal country is Denmark, or maybe Norway, and his plan is basically to copy those countries. Maybe you're an ignorant American who's never even looked at a map and probably thinks Sweden and Switzerland are the same country, but the Scandinavian nations have the highest standards of living in the world today, so they're doing just fine with their socialism.

      It's unbelievable how many retards think Denmark is somehow akin to Cuba or Russia.

    36. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      > We don't have a century. So what is there to do?

      Wait for it to collapse, to come crashing down on its own, will take much less time.

    37. Re:speaking of black boxes... by jcr · · Score: 1

      Bernie's never had any power before, and the things he's said in praise of dictators like Castro, Chavez and Ortega don't give me any confidence that he would refrain from abusing power if he got it.

      -jcr

      --
      The only title of honor that a tyrant can grant is "Enemy of the State."
    38. Re:speaking of black boxes... by toddestan · · Score: 1

      Abuse of power is a problem we could have with anyone who's elected president. I'd take my chances with Bernie before any of the other candidates.

    39. Re:speaking of black boxes... by Jack+Griffin · · Score: 1

      A bunch of people vote for Obama because they wanted an end to Bush's policies. Tell me again how "voting it out" is supposed to work, you tragic little fool.

      -jcr

      Person who is too ignorant to understand simple discussion resorts to name calling. Film at 11...

    40. Re:speaking of black boxes... by Jack+Griffin · · Score: 1

      It is a black box, you and I cannot see into the deepest inner workings, and voting out those inner workings is nigh impossible.

      Speak for yourself. I've done a number of projects for Govt Depts and local, state and federal level. Most of what I worked on I fully understood how it worked.

      I don't like to sound defeatist, but our government is unchangeable in the short and medium term. I think effective change will take a century from now.

      Only because you don't really understand how a government as large as the US works. It's specifically designed not to change quickly, quick changes introduce unacceptable risk to the nation as a whole, and the government is there to reduce risk on the people. Democracies are designed for stability over dynamics. If you want dynamic go see how that is working out in places like Afghanistan and Iraq.

    41. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      I don't know if Obama is too young or too illiterate to have read '1984, or if he's happy for it to arrive on his watch, but it seems that Orwell was just a tad early in his supposition. It's pretty close now - not just in the USA but that is the country that we all hope and pray will wake up and fight on the side of freedom, despite all appearances to the contrary. However, if Hillary Clinton gets the top job I'm afraid that hope will be gone forever. Ol' Donald may shout a lot but his capacity for doing real harm to the citizenry is insignificant compared to hers. It'll be 'Goodbye Land of the Free. We loved you dearly while you lived'.
      And I'm Janfany the Anonymous Coward if you don't mind.

    42. Re:speaking of black boxes... by Magius_AR · · Score: 1

      Wow, this is some stupid shit here.

      Bernie is a democratic socialist. His ideal country is Denmark, or maybe Norway, and his plan is basically to copy those countries. Maybe you're an ignorant American who's never even looked at a map and probably thinks Sweden and Switzerland are the same country, but the Scandinavian nations have the highest standards of living in the world today, so they're doing just fine with their socialism.

      It's unbelievable how many retards think Denmark is somehow akin to Cuba or Russia.

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

      For one, I think most Americans aren't interested in turning America into "The worlds largest public sector (30% of the entire workforce on a full-time basis[24]) financed by the world's highest taxes". High income taxpayers there pay some 60-70% of their total income to the government. You don't have to view it as Cuba/Russia to find it very distasteful. For America, that's one hell of an extreme shift, whether you think it is or not.

      For two, Norway is the second largest oil producer next to the Middle East. If you think America can support the kind of social excesses common to oil rich places like Dubai, you got another thing coming. And so do they: http://news.yahoo.com/oil-slum....

    43. Re:speaking of black boxes... by Grishnakh · · Score: 1

      Well maybe we could compromise and be more like Germany, a country that values engineering and manufacturing and is the world leader in exports (by value).

      As for 60-70% taxes for high-income taxpayers, what's the problem with that? How many Americans would be in that bracket? Denmark is one of the best counties for standard of living, so obviously they're doing something right. If you're getting the best standard of living in the world, why would you care about your taxes being high?

    44. Re:speaking of black boxes... by Magius_AR · · Score: 1

      As for 60-70% taxes for high-income taxpayers, what's the problem with that?

      Maybe nothing, maybe everything? Some (many/most?) people feel taxed enough already, at current rates. 60-70% would be a doubling of current taxes. It also depends where they set the income threshold. Bernie wants to set the 40-50% tax at around 250k joint income. That's hitting quite a few people (way more than a handful of uberrich CEOs)

    45. Re:speaking of black boxes... by Grishnakh · · Score: 1

      I don't really care much about what some 0.01%ers feel about taxation. Cry me a river.

      But you're absolutely right, it's where the thresholds are set that makes all the difference. 250k individual income is very much in the 1% territory. Lots of CEOs make about that much money or less (they end up getting more from the rest of their compensation package later). But yeah, for joint income then that means dual-earner households where both people are at $125k will get hit. Maybe that is a bit high, I'm really not sure.

      But when you say "60-70% taxes for "high-income taxpayers" without any thresholds or anything, that makes me think about people making $1M getting that level of taxation, and I don't have a problem with that at all.

      I will say, however, I think that one really, really big problem in this country today is the cost of housing. It's gone way up in the last 15 years, largely thanks to the housing bubble. I'm not exactly sure about what can be done, but I do think the government has a responsibility to try to fix that somehow. People could live well on a lot less if they didn't have to pay so much in rent.

    46. Re:speaking of black boxes... by Shortguy881 · · Score: 1

      That's the best conspiracy I've heard in some time //sarcasm. I want whatever you are smoking.

      --
      Brilliance without wisdom, power without conscience. Ours is a world of nuclear giants and ethical infants.
    47. Re:speaking of black boxes... by Magius_AR · · Score: 1

      But you're absolutely right, it's where the thresholds are set that makes all the difference. 250k individual income is very much in the 1% territory.

      Lower even than that. 1% is ~425k. 250k is somewhere around the 3% income percentile: http://www.kiplinger.com/artic... If you take cost of living into account as well (which you should), it becomes an even bigger problem. After all, 250k in NY/California isn't the same as 250k in Wyoming.

      But when you say "60-70% taxes for "high-income taxpayers" without any thresholds or anything, that makes me think about people making $1M getting that level of taxation, and I don't have a problem with that at all.

      Except it's not. If you look at Norway's tax brackets (which is the system you're commenting on), the 50+% tax rate occurs at a low level of income. Their _average_ personal tax rate is around ~42.25%. If that's the model you're saying Bernie is shooting for, people aren't going to accept it here. The US average is around 31.5%. You're basically talking about a ~40% hike in everyone's taxes, not just millionaires. And what most liberals don't understand (or don't want to) is that such a hike in everyone's taxes is necessary to achieve the model. You can't squeeze enough money out of rich people alone to achieve the kind of extravagant social programs you find in Europe.

      I will say, however, I think that one really, really big problem in this country today is the cost of housing. It's gone way up in the last 15 years, largely thanks to the housing bubble. I'm not exactly sure about what can be done, but I do think the government has a responsibility to try to fix that somehow.

      I think this one will fix itself. It's not a problem of housing costs so much as stagnant wages, which appear to finally be recovering. Basically, costs went up, but wages didn't go up to match.

    48. Re:speaking of black boxes... by Anonymous Coward · · Score: 0

      Really, you came up with that all by yourself did ya? That is literally what the Right's talking heads have been shouting ad nauseam on talk radio and Fox News. The narrative (which I am not saying I disagree with) is that he is arrogant and condescending. Those two words are used incessantly.

      His press conference from the Oval in response to the San Bernardino shooting literally made peoples' heads explode for its blatant arrogance-condescenscion, leading one guest on Fox News to -- (unable to contain his anger at it) -- call him a p***y on live television. Even given the standard tone of Fox News, that was extreme, and it was a visceral reaction to his manifest condescension.

      So, in summation, you're a bit late to the show in recognizing that Obama is the most condescending president the United States has ever had.

    49. Re: speaking of black boxes... by Anonymous Coward · · Score: 0

      You forgot, with the Freedom of Information Act, they get to pick and choose what's "classified" to an extent which mind you is not regulated by a bigger brother to make sure little brother is not making mud pies for the people to eat. I loved the comeback though. Funny!

  12. he didn't just insult a European country..... by Anonymous Coward · · Score: 0

    Oh bravo, label Switzerland as a land of terrorists........

    1. Re:he didn't just insult a European country..... by rasmusbr · · Score: 2

      That part about everyone having a Swiss bank account sounds wonderful to me. I think every person deserves a little tax haven of their own. (IIRC Switzerland is no longer useful as a tax haven, but that's besides the point.)

    2. Re:he didn't just insult a European country..... by nytes · · Score: 1

      I'd rather have a Swiss bank account in my pocket than Swiss cheese.

      --
      -- I have monkeys in my pants.
    3. Re:he didn't just insult a European country..... by camperdave · · Score: 1

      As far as money holding goes, my pockets ARE Swiss cheese

      --
      When our name is on the back of your car, we're behind you all the way!
    4. Re:he didn't just insult a European country..... by Anonymous Coward · · Score: 0

      This. If you read up on what kind of information banks are required to monitor, flag and pass to the government, you quickly begin to realize that these aren't protections meant to identify big time criminal activity, but a tool that can easily be used to monitor every transaction you make.

      "Warrant" in the US means "license to break every single law" nowadays. Some federal law enforcement agency will probably one day ask for a "warrant" to nullify the 4th amendment in every case it deems necessary without any further intervention from the judicial system.

    5. Re:he didn't just insult a European country..... by Areyoukiddingme · · Score: 1

      That part about everyone having a Swiss bank account sounds wonderful to me. I think every person deserves a little tax haven of their own. (IIRC Switzerland is no longer useful as a tax haven, but that's besides the point.)

      Of course the plebes can't be allowed to have a Swiss bank account of their very own. Only the elites are allowed to have that.

      You recall slightly incorrectly. The Swiss banks gave up the names associated with some numbered accounts. Basically all accounts created after a certain date. If your account was older than that (old money), they didn't give it up. They gave up Bill Gates and Larry Page, but the Rothchilds and the Rockefellers still have their privacy.

    6. Re:he didn't just insult a European country..... by Anonymous Coward · · Score: 0

      Buy a second citizenship/passport (can be done for as little as $100,000), legally change that 2nd citizenship name a year later, and then open a bank account overseas in that new identity. It's not all that expensive (about a year's salary for many IT people) and the freedom in guarantees is priceless.

  13. Hope Apple is ready to go to jail to fight this. by Anonymous Coward · · Score: 5, Insightful

    "how do we apprehend the child pornographer? How do we solve or disrupt a terrorist plot?" He sound more like Cameron every day. Wanting a backdoor to every phone to "disrupt" a terrorist plot", i.e. Everybody are tapped into permanently and software flags you as an active shooter if you visited a gun store last week rent a van and read a news article on AlJazeera.com.

    This is crazy, we must not let it happen.

  14. Time for someone to set up a site by future+assassin · · Score: 1

    that lets people post info on where, when and what a politician any public servant is doing on a given day while working on public time.

    --
    by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
    1. Re:Time for someone to set up a site by Anonymous Coward · · Score: 0

      there is. the activity is called "journalism" and the access pass is called a "press credential".

  15. Obama doesn't want to be "absolutist" by mileshigh · · Score: 1

    Funny, the Constitution is exactly that: absolutist.

    1. Re:Obama doesn't want to be "absolutist" by fustakrakich · · Score: 3, Insightful

      "Reasonable" and "probable" are hardly absolute! The door is pretty wide open.

      --
      “He’s not deformed, he’s just drunk!”
    2. Re:Obama doesn't want to be "absolutist" by Anonymous Coward · · Score: 0

      The door is most certainly not open to Obama. He took an oath on the Constitution, so he bloody well ought to stick to it instead of defining his own rules. He is trying to weasel out of doing his job according to the rules he submitted to. That looks a whole lot like perjury to me. No wonder that other government officials committing perjury are not punished at all: he would not want to give people ideas.

  16. screw these Nazis by samantha · · Score: 1

    What do they think the 4th Amendment is about? Oh, I forgot, they could care less as withness the NSA actions and what is still allowed. Encrypt and encrypt deep regardless of what these un-American clowns say and regardless of what companies like Apple do or do not do. It is your right to be secure in your papers and effects including your digital effects.

    1. Re:screw these Nazis by mrchaotica · · Score: 1

      The Fourth Amendment isn't the right one to hang our hats on here, as it has that exception about "warrants" or "probable cause."

      The right argument to make is that code is speech, thus the First Amendment holds that the government cannot either censor a software author by restricting him from writing encryption without a backdoor, or compel speech by forcing him to disclose his private signing key.

      The other right argument to make is that the Fifth Amendment holds that anyone is free to use unbreakable encryption and cannot be forced to testify against himself by divulging his encryption key.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    2. Re:screw these Nazis by Anonymous Coward · · Score: 0

      One word for you babe- "LOVINT". Two more words "Sexual Predation". One final word "Coverup".

    3. Re:screw these Nazis by Anonymous Coward · · Score: 0

      As I mentioned in another comment, the warrants and probable cause elements of the 4th don't let the government ban fireplaces because a criminal could theoretically have pre designed burn bag of data and accelerant and could irretrievably destroy evidence of a crime. So it's not entirely off the mark to consider the 4th here, but your other points are well taken.

    4. Re:screw these Nazis by Anonymous Coward · · Score: 0

      > The Fourth Amendment isn't the right one to hang our hats on here, as it has that exception about "warrants" or "probable cause."

      I have to disagree. If they have probable cause to suspect me of a crime, and get a warrant to search my devices, they are welcome to my encrypted data.

    5. Re:screw these Nazis by mrchaotica · · Score: 1

      Sure, that makes sense. I think the only point we differ on is the meaning of the idiom "to hang your hat on." The fireplace analogy is, by all means, worthwhile to bring up. I just don't think it should be the only (or even necessarily primary) argument.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

  17. Why not? by Anonymous Coward · · Score: 0

    Why is there this inherent assumption that law enforcement and counterterrorism is so important? That's not what the Constitution prioritized; our Constitution prioritized placing the power in the hands of the people to control the government, not the government to control the people.

    This is exactly the same as the right to bear arms, for the same reasons (because our founding fathers were revolutionaries and wrote the constitution to be sure that their descendents could be too, if needed) so really, someone ought to make a Second Amendment argument to protect the right to crypto as a form of electronic arms against hostile control of information.

  18. Yes by Anonymous Coward · · Score: 0

    We can

  19. "then how do we apprehend the child pornographer?" by jeffb+(2.718) · · Score: 4, Insightful

    Um... by catching them in the act of making or distributing child pornography? Maybe?

  20. Woo Woo by smartr · · Score: 1

    Given that if the FBI really wanted to, they could get in, I think the key here is that the TSA needs to get into all the iphones. There could be child porn there.

    1. Re:Woo Woo by Anonymous Coward · · Score: 0

      or videos that not-so-mysteriously end up on some lubetube-dot-com before you even get home from your honeymoon.

  21. Then the government needs to catch up. by Anonymous Coward · · Score: 0

    The government absolutely must catch up in two areas if they want to solve this problem.

    1) Pay - start paying engineers, programmers and specialists what they can make in industry. Be competitive for a change. You want good people who can crack these things? Pay for it. Also, hire some competent FBI investigators.

    2) Tech - in the US, we have access to some of the highest technology available. The government has some access to things in advance of the public. Certainly more of it, at least. You need better tech - stop buying fighter jets that don't work and getting us involved in wars that don't work either and blow that money on studying ways to crack an iPhone or whatever else you need into.

  22. The governed rule in this country by daurtanyn · · Score: 1

    Any rules must apply to all citizens.

    This whole thing about private devices, smartphones. And personal mail servers, Hillary.

    All of it is about where does individual dominion stop and civil participation start.

    I really wish there was a truly open phone OS. Like a BSD varient for smartphones. Where you can own the whole enchilada. Trust, but be able to verify.

    1. Re:The governed rule in this country by brunes69 · · Score: 1

      If you buy a Nexus phone you can recompile from scratcj and reflash from the bootloader up. The only binary blob that may be there is the GSM driver (not sure).

    2. Re:The governed rule in this country by Anonymous Coward · · Score: 0

      And it has DMA access into your memory and thus the system is compromised by design.

  23. So excited by the subject, bummed by the summary by Anonymous Coward · · Score: 0

    Until I realized he didn't mean "blackbox" in the sense of a plane blackbox. If he'd meant, we can't let the phone become a device which records anything and everything to be recovered after the fact to tease apart every aspect of your life, I'd have been cheering... The fact that he means exactly that is so disappointing.

  24. War On Fireplaces by Anonymous Coward · · Score: 0

    If anyone with a few bucks is allowed to own a home with a fireplace and a polaroid camera, then how will we crack down enough on pedophiles that use those things for their enjoyment while committing their crimes? We must outlaw fireplaces and polaroid cameras. Fireplaces are a fetishist luxury that society has tolerated too long. We must set the right balance with freedom to ensure our national security and that no child is hurt. Bicycles are next.

  25. Why is everybody drawing a line at their phones? by Pulzar · · Score: 4, Insightful

    Why is the phone a "do not cross" line? This is the one that is making people here on Slashdot compare the government to nazis? All this time we've been living in the world where the government can get a legal warrant to enter your house, look through your things, take pretty much anything they deem suspicious, get into your car, your workplace... This happens every single day.

    But, unlocking your phone and looking at your data is a whole another level of intrusion that causes extreme amounts of anger and comparisons to one of the worst government regimes ever?

    I don't get this. I mean, I don't see anybody protesting that if I lock my house, government can't come in, even with a warrant, and my house and its contents are way more private to me than my phone.

    Could somebody please elaborate on why the phone is a special case here?

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  26. Fetishizing our phones? by Anonymous Coward · · Score: 0

    It's fetishizing our privacy above every other value, something the gov should be doing too! How does he not get that?

  27. War On Fireplaces by Anonymous Coward · · Score: 0

    If anyone with a few bucks is allowed to own a home with a fireplace and a polaroid camera, then how will we crack down enough on pedophiles that use those things for their enjoyment while committing their crimes? We must outlaw fireplaces and polaroid cameras. Fireplaces are a fetishist luxury that society has tolerated too long. We must set the right balance with freedom to ensure our national security and that no child is hurt. Bicycles are next.

  28. China already has it by Anonymous Coward · · Score: 0

    You dumbfuck, China already has it. There is no principled stand here, just marketing by Apple.

  29. Agreed, be completely unlike black boxes by HalAtWork · · Score: 1

    Don't make them anything like flight recorders, which readily document and give up all details and information in a standardized way to any interested party.

    1. Re:Agreed, be completely unlike black boxes by Deep+Esophagus · · Score: 1

      Two different, and almost completely opposite, uses of the same expression. The FAA calls a "black box" a device that records your every movement, but in the techno geek world we use the phrase to describe impenetrable technology -- stuff goes in and stuff comes out, but we have no idea what happens in between. Tiny elves? Alien magic? Who knows? It sounds like Mr. Obama is using the latter concept -- he doesn't believe our phones should be so impenetrable and mysterious.

    2. Re:Agreed, be completely unlike black boxes by Anonymous Coward · · Score: 0

      nlp mind control doublespeak. Speaking to your subconcious mind.

  30. No Black Boxes! by gringer · · Score: 2

    Indeed, smartphones shouldn't be black boxes. The source code should be available to all, especially the people who actually own the phones.

    ... oh, you wanted an exception just for the government? Sorry, I'm not sold on that.

    --
    Ask me about repetitive DNA
  31. Re:"then how do we apprehend the child pornographe by Anonymous Coward · · Score: 0

    I think you may be confusing logic with political posturing. I'm sure if I grew up in Ice Cube's neighborhood, I'd say the words nigger, faggot, and bitch exactly as often as I was expected to. More or less.

  32. Pfft by Anonymous Coward · · Score: 0

    Like they dont already have one! This is just more spectacle to convince the American people that they should make the shit they have been doing for 20+ years legal.

  33. Hilarious by Anonymous Coward · · Score: 0

    The get Think of the Children, teh Terror, and he references swiss bank accounts while helping tax dodgers, H1B replacement of our workforce, and telling us that we actually had balance in the past 200-300 years. Does he have an unlimited supply of crack?

  34. "We The People" by transami · · Score: 1

    As long as the government can keep secrets then so too the people. If we are true to democracy and principles of this nation, then it can't be both ways.

    --
    :T:R:A:N:S:
  35. Do as I say not as I do by Dereck1701 · · Score: 1

    That's funny, coming from the head of our government in a time where it is painfully obvious they want to keep all of the records of their "questionable" activities in a black box. A month doesn't seem to go by where some branch is claiming that the public doesn't need to know about their tracking of phone calls, internet communications, random planting of GPS devices, lying in court about the source of evidence (parallel construction), destruction of documents, keeping of records that are required by law to periodically destroyed, the list goes on.

  36. Absolutism... by CODiNE · · Score: 1

    It's actually quite reasonable and correct to be absolutely for or against certain things... rape for instance. "Oh just this one time" doesn't justify anything whatsoever, nor do polite words minimize the offense.

    --
    Cwm, fjord-bank glyphs vext quiz
    1. Re:Absolutism... by Anonymous Coward · · Score: 0

      I think you may have taken too much codeine or something. It shouldn't take much 'ticking bomb' philosophical creativity to imagine a 'just once' rape justification scenario. What if the 'rape' was in the form of forced rectal feeding of Khaled Sheik Mohommed. Oh wait, maybe I don't agree with Obama on this one.

    2. Re:Absolutism... by djinn6 · · Score: 1

      Absolute is a rather strong word, just like never. There were definitely societies where rape was considered acceptable. Even now, spousal rape is not prosecuted throughout much of the world.

  37. wrong direction by mjm1231 · · Score: 1

    It's a reasonable sounding argument, and it is true that it "does not strike the kind of balance we have lived with for 200, 300 years". But we don't live in the world we lived in 200 and 300 years ago. Arc of history and all that.

    I thought wishing for a return to a mythical past that was better than today was a conservative value.

    --
    Ideology: A tool used primarily to avoid the bother of thinking.
    1. Re:wrong direction by Anonymous Coward · · Score: 0

      We don't live in the world we lived in 200 and 300 years ago.

      Quite right. Police today have surveillance capabilities that no one 200 years ago could have dreamed of (Science fiction authors got there what, 40 or 50 years ago?) thanks to the wonders of technology. They don't need even more.

    2. Re:wrong direction by Anonymous Coward · · Score: 0

      One-time-pad encryption can be implemented with a pencil, paper, and an unbiased coin - and is provably unbreakable.

      Now, in that case, the (very long) "password" has to be written down on a piece of paper. So it's not quite the same as Apple's offering where you only get a few tries to guess a password, that's short enough to remember, before the data is effectively wiped.

      But paper can be burned: a message encrypted with a one-time-pad where the "pad" has been destroyed is provably unbreakable. And then there's the fact that people can commit surprisingly long messages to memory. Imagine some "terrorists" who meet in person to establish trust and establish a one-time-pad (written on pieces of paper). Then, in the future, they send their one-time-pad encrypted messages via email. Each time a message is sent, the portion of the "pad" corresponding to that message is destroyed (e.g. ripped off and burnt) - while the message is committed to the memory (brain) of the recipient. Such a system would be even more "unbreakable" than an Apple phone (well, strictly speaking you can also burn your phone after you've committed the message to memory).

      So, anyway, if Obama really thinks that Apple phones are something special, then he is, yet again, revealing his spectacular ignorance.

  38. Is a phone blacker than PGP? by Anonymous Coward · · Score: 0

    I already use PGP to save personal data on my USB drive with strong encryption. Does the encryption on an iPhone's data present a much stronger barrier to the government than what I am doing already?

    I suspect Obama's real issue is with making this mechanism easy for masses of people to use without thinking about it, not with the existence of personal black boxes per se.

  39. Memo to Jesus: It's About Torture Stupid by Anonymous Coward · · Score: 0

    What this debate is really about is whether or not the police should be allowed to torture information out of people whose will would otherwise be a sufficient technological deterrent to exposing the information. Something about the right to remain silent or not incriminate yourself or some shit like that.

  40. "Strike a balance" by Chris+Mattern · · Score: 5, Insightful

    What Obama...what most politicians...don't seem to understand is that there is no balance. The phone is either secure...or it isn't. And if it isn't, the police will not be the only ones cracking it.

    1. Re:"Strike a balance" by Anonymous Coward · · Score: 0

      What Obama...what most politicians...don't seem to understand is that there is no balance. The phone is either secure...or it isn't. And if it isn't, the police will not be the only ones cracking it.

      No, that's incorrect. Any phone will yield to its user's passcode. So in either/or scenarios, it's insecure. That's not the point. A key escrow system can be put into a phone that will be exactly as secure as the passcode mechanism. A key escrow system, however, works centralized. Either with central databases and/or with a central key. That moves the single local point of failure for phone security to a common point of failure. And this common point of failure would be accessed thousands of time each day: every law enforcement officer would suspect national security to be in danger all the time.

      The phone on its own merit will be pretty much as secure as before, but the key escrow/skeleton system/mechanism would soon be compromised simply because it is a high-profile target (particularly for secret services) that is frequently accessed from thousands of authorized persons.

      That is indeed not a backdoor. It is a front door with keys in wide circulation. A backdoor is cracked open unintentionally. This front door will likely not be cracked open but rather unlocked as intended by people who should not be having a key to the door (which in my belief includes government agencies but that's a different problem).

      At any rate, if done properly the phone will not have a security problem. They key distribution and access system independent from the phone will have this problem, and "every phone in circulation" is far too large a prize to tag on the breach of central infrastructure. After all, there hardly passes a month where an important database is not breached, and hardly a year where a national-security relevant database has no problems.

  41. Child Pornographers and Terrorists by waTeim · · Score: 4, Insightful

    Good ol' child pornographers and terrorists, the ubiquitous go-to for governments when they want to convince their citizens intrusion of their privacy is reasonable. There should be a variant of Godwin's Law for this; as such is a sure sign they have no reasonable justification. As a student of the Constitution, the President should know that the 4th amendment exists to guard personal liberty against a not-always-trustworthy federal government, and if the last few years have proven anything, it's proven we sure can't trust the FBI.

    1. Re:Child Pornographers and Terrorists by Dutch+Gun · · Score: 2

      True, but keep in mind the boogeymen change over time. Remember, it used to be "communists". So long as the government has a fear-inducing target, they can acquire more power.

      Sometimes it's even done for the right reasons (a desire to catch criminals), but all too often it seems at heart a desire to build bureaucratic fiefdoms just for the sake of acquiring more power and wealth. Look at how many local police forces now have armed-to-the-teeth (meaning well-funded) paramilitary-like squads? Are people aware of how much they profit from the war on drugs due to asset forfeiture and increased funding? No one complains, because they're unlawfully stealing from rich drug dealers, not normal folks... right? And how many top-heavy regulatory agencies in the government are unnecessarily siphoning off vast quantities of wealth from private industry, while only providing the illusion of safety for consumers?

      Half the problem here is that so many people are perfectly fine with ceding unbelievable amounts of power to the federal government when it's for a cause they think is good and just, but then somehow expect the government to leave them alone on the issue of privacy or personal liberty. Unfortunately, it just doesn't seem to work that way in practice. When you allow the creation of powerful federal bureaucracies, you take the bad with the good, and this is definitely some of the bad.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    2. Re:Child Pornographers and Terrorists by SlaveToTheGrind · · Score: 1

      As a student of the Constitution, the President should know....

      If you think Obama gives two shits about the Constitution, you haven't been paying attention.

    3. Re:Child Pornographers and Terrorists by subk · · Score: 1

      Good ol' child pornographers and terrorists, the ubiquitous go-to for governments when they want to convince their citizens intrusion of their privacy is reasonable.

      Fight fire with fire. Tell them we need encryption to keep child pornographers from hacking our internet-facing baby monitors.

      --
      Now, if you'll excuse me, I have backups to corrupt.
    4. Re:Child Pornographers and Terrorists by Anonymous Coward · · Score: 0

      Tim May came up with the Four Horsemen of the Infocalypse back in 1988: Terrorists, Pedophiles, Drug Dealers, and Money Launderers.

    5. Re:Child Pornographers and Terrorists by Orgasmatron · · Score: 1

      Add drug dealers and money launderers, and you have The Four Horsemen of the Infocalypse. It is actually 2 years older than Godwin's Law.

      --
      See that "Preview" button?
    6. Re:Child Pornographers and Terrorists by fnj · · Score: 1

      True, but keep in mind the boogeymen change over time. Remember, it used to be "communists".

      And before that it was nazis and Japanese. Go back further and it was anarchists, and before that secessionists.

    7. Re:Child Pornographers and Terrorists by Anonymous Coward · · Score: 0

      I think I vaguely remember reading something from someone about threads such as fascism, communism, terrorism, alien invasion, or something like that. Something about money and taxes. Or something.

      Oh well, conspiracy theory stuff aside, what needs to be done is simple. Solve the issue of why people become terrorist, pedophiles, drug dealers, etc.

  42. Re:Hope Apple is ready to go to jail to fight this by khasim · · Score: 0

    He sound more like Cameron every day.

    I'd have said Cheney / Rumsfeld. This is some hard-core Right-wing shit.

    So he thinks that we should all give up our privacy because the cops/FBI/etc will have to work extra hard to find evidence? boo-fucking-hoo.

  43. offshore by djent · · Score: 2

    So the president is ready to drive the tech segment off to greener pastures, he may get his wish sooner then he thinks. I am sure there are a number of countries ready for our tech companies with open arms and "friendlier climates". Apple might be able to buy one of these locals. I can see it now. Appletania, Microsoftlandia, Google emirates, a whole new Geo-political landscape with their own tech focused mutual defense alliance. Go ahead Mr. President place your bets and give the wheel a spin you can change our country into a irreversible technical wasteland with a depression to boot, all it will take is a few more nudges. On the other hand you could tell the FBI/ alphabet agencies to STFU and behave and enjoy the overwhelming support of the intelligent public for protecting every bodies security. You are dancing on the raw edge of national socio-economic tsunami beyond your imagination. By the way if you want to see a model of this plan in action keep an eye on the UK, they seem to be like minded and are rushing headlong into oblivion right now.

  44. Because that would be wrong by Krishnoid · · Score: 2

    Obama thinks there should be at least some mechanism for getting access -- perhaps something like a partial white-box implementation. So it sounds like Obama's administration is more favor of a half-black box here.

    1. Re:Because that would be wrong by Anonymous Coward · · Score: 0

      Nice subtlety there, Archie Bunker.

  45. Re:This is all security theater to gut 4th Amendme by fustakrakich · · Score: 1

    Well, yeah! And it's working. Public opinion is turning against privacy, free speech, and other rights. There's a whole bunch of people who want to gut the entire bill of rights and beyond, like the 13th and 14th amendments.

    --
    “He’s not deformed, he’s just drunk!”
  46. Compel Apple? Sure, that ought to work by Anonymous Coward · · Score: 0

    For about 30 mS.

    Then somebody will make a privacy app that works and the FBI will be back where they claim they started.

    In the meantime, Apple will think hard if it makes sense to stay in the US.

    We so need a decent President after these last two.

  47. How to kill this real quick by Anonymous Coward · · Score: 1

    Skip to considering this a fight about the information contained in a Smartgun. Eventually we will have them and this will be the precedent used for access.

    Hello NRA, are you listening?

  48. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    Because using technological means to crypt your communications shouldn't be any different than using manual means.

    If I write down some code in my ledger, even if it (potentially) indicates criminal activity, and even if the government find it in a search of my house with a warrant, they can't force me to tell them how to read it. It's the same as that.

  49. Somebody wants to save the children by aNonnyMouseCowered · · Score: 1

    Obama wants all the child pornographers in jail but not the all child abusers? But of course! War is a far worse form of child abuse, and nobody gets punished for it.

    1. Re:Somebody wants to save the children by Anonymous Coward · · Score: 0

      Because in Islam, you cannot make images of people, so child pornography is bad. But since the Prophet raped a 9 year old girl, child abuse is OK. Got it?

    2. Re:Somebody wants to save the children by hene · · Score: 1

      I thought he meant that the Government goes after tax dodgers, since it is as bad as this really bad stuff -- privacy.

  50. Fuck that nigger by Anonymous Coward · · Score: 0

    enough said.

  51. It's easy to over react to what he has said... by Anonymous Coward · · Score: 0

    but you should consider all sides even if you believe them to be wrong.

    He's got a point. We are used to the freedoms that we have as Americans and feel that we would be giving them up by allowing them into our phones. But, we've never had quite that much freedom. With a warrant the government has been able to get at everything that we have except our thoughts. From that standpoint, he's correct.

    But... the government has been abusing this access and people feel the need to push back. I think that is the main reason that some (most?) Americans feel that Apple is doing the right thing. If nothing else, Apple is putting the question out there so that this conversation is being had.The FBI may not be the chief abuser of this access ...cough...NSA...cough..., but they are one of them.

    Smart phones are even more of an issue because not only do they have some of our private data, but they have at least links to eevveerryything! It's becoming the "home base" of our personal data. To someone that wants to know everything about you, it's a very nicely organized dossier. Apple knows this. All the phone providers want it to become an even more complete dossier by providing every feature that they can that ties your life together (and makes it so you can't live without their equipment/service).

    What really needs to happen is that people need to be assured (more than lip service) that the access to their personal information is done properly and for the right reasons. We need something (laws, punishments, something...) that is reasonable for both sides (the protectors of the masses and the individual) and it needs to be something with real teeth. We need to know that if someone abuses that access that they get more than a rap on the knuckles with a ruler.

    To all government agencies... here it is. If you want to look at my data because you have a honest reason to believe that I'm doing something wrong, I welcome your intrusion into my privacy. I would provide you this access as a good citizen to ensure the safety of my fellow citizens. If your desire to look at my personal data is "just because", then screw you. I'm encrypting everything and I won't be using an encryption method that's provided by a company in the USA.

    You (TLAs) need to be able to do your job and I understand that. I need to have a reasonable expectation that access to my private information isn't abused. I know that you are focused on "finding the bad guy" and that's great. But when you abuse the access that you have to our private information, we start questioning who the bad guy is that we need protection from.

  52. What does this phrase even mean? by tkrotchko · · Score: 1

    "He believes technology companies should work with the government on encryption rather than leaving the issue for Congress to decide."

    If Obama said that, what is he really saying?

    --
    You were mistaken. Which is odd, since memory shouldn't be a problem for you
  53. He's wrong by Whiteox · · Score: 1

    He's wrong.

    --
    Don't be apathetic. Procrastinate!
  54. My computer is a black box too by Anonymous Coward · · Score: 0

    As is my constitutional right to free speech (or not to speak), my constitutional protection from unlawful search, and my human right to privacy; my computer is encrypted and there isn't shit the executive or judicial branch can legally do about it. As long as we can continue to convince the legislature not to create new amendments that replace these constitutional protections, the only option left to the President is to violate the law.

  55. OK by Anonymous Coward · · Score: 0

    And yet, the US has the gall to lecture other countries and leaders about "freedom."

  56. Dumbshit Obama by Anonymous Coward · · Score: 0

    Obama, you dumb motherfucker. a smartphone is not a blackbox. It communicates, sends and transmits signals. It has ports to talk to peripherals. There may be a little work to get at the data but it can be done. Of course Obama just wants shit handed to him. Typical black man.

  57. I wonder by jbmartin6 · · Score: 4, Insightful

    How did law enforcement solve crimes and gather intelligence before we had smartphones? I guess all the child pornographers and terrorists got away clean.

    --
    This posting is provided 'AS IS' without warranty of any kind, implied or otherwise.
  58. No way by wulfmans · · Score: 1

    Fuck Obama.

  59. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 1

    Because phones are becoming the Rosetta Stone of your life. If all of your information isn't there, then at least links to all of the information in your life is there. It's becoming a very neatly organized dossier of your life. Phone providers (Apple, Google) have an interest in it becoming an even larger part of your life so that you can't do without their services.

  60. In related news ... by PPH · · Score: 4, Funny

    ... the government thinks your front door is too hard to kick in.

    --
    Have gnu, will travel.
  61. Re:Why is everybody drawing a line at their phones by Pulzar · · Score: 1

    If I write down some code in my ledger, even if it (potentially) indicates criminal activity, and even if the government find it in a search of my house with a warrant, they can't force me to tell them how to read it. It's the same as that.

    The thing is, you can still go ahead and encrypt a ledger, even a digital one, and store it on your phone. You don't need an impenetrable locked-down fully encrypted phone in order to do that. The government could get your ledger and they won't be able to figure out what it means.

    Locking down your phone so that they can't even get to the coded ledger is the equivalent of not letting them into your house in the first place.

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  62. Everyone is ANGRY. But no one has ANSWERS. by Anonymous Coward · · Score: 0

    The President's #1 job is the security of the nation so that's the side that he must argue. I get it.

    But the extreme, cartoon-like example hasn't been answered.

    If the only way to save a million lives is to decrypt something then why do you think a million lives is less important than your super encrypted data?

    If the only way to save your daughter is to decrypt something that is impossible to decrypt then why must you sit helplessly and watch her die?

    At what # of lives does it become an issue?

    Think of all the remotely possible (yet hopefully improbable) situations where you or others are harmed by being unable to decrypt something. What is the solution?

    Saying "well just solve that" doesn't solve it. Throw money at it? Higher taxes for more "something" that feels like it should solve it? I haven't heard anything reasonably convincing.

  63. Re:Why is everybody drawing a line at their phones by Pulzar · · Score: 1

    Because phones are becoming the Rosetta Stone of your life. If all of your information isn't there, then at least links to all of the information in your life is there. It's becoming a very neatly organized dossier of your life. Phone providers (Apple, Google) have an interest in it becoming an even larger part of your life so that you can't do without their services.

    You're saying that I would learn more about you by looking at your phone than going through your stuff at your house? If that's true, then I can see your point. I don't think that's true for me, but at least it makes more sense.

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  64. Black boxes by PopeRatzo · · Score: 5, Funny

    Why's it always gotta be about race with this guy?

    --
    You are welcome on my lawn.
  65. Idiot or obfuscating by Anonymous Coward · · Score: 0

    Clearly Obama is either an idiot if he doesn't recognize that there is no safe 'compromise' when it comes to encryption or more likely (since I don't think he's an idiot...I just don't like his policies) he is entirely obfuscating the matter in an attempt to make it seem like there IS a compromise.

    O and of course we have to have the expected 'think of the children' fear campaign in here too.

  66. We all know what happens... by caladine · · Score: 1
    ... when the government has master keys. The most damning part of the article:

    The TSA-approved luggage locks were never very high security devices to begin with. “I’m not sure anyone relied on these kinds of locks for serious security purposes,” he says. “I find it’s actually quicker to pick the TSA’s locks than to look for my key sometimes.”

    Given how the government does "security" for us (IRS, OPM hacks), I don't want them anywhere near access to my phone.

  67. If the government does this by presidenteloco · · Score: 1

    I'm just going to have to resort to whispering in my co-conspirator's ear in a crowded noisy concert hall again, telling them which day to look in the newspaper for the classified ad with the agreed code words in it.

    Such a pain.

    --

    Where are we going and why are we in a handbasket?
  68. Criminals don't care by Anonymous Coward · · Score: 0

    Of course this is Slashdot and most everyone here knows that strong encryption is pretty widely distributed and available. There is absolutely nothing that would stop a criminal or terrorist from loading a third party app to encrypt their phone that was Apple, Google or Samsung wouldn't be able to do a thing about. Even if you banned any such app from the various stores it would still be there, available for side-loading. And that's exactly what anyone who really wanted their phone encrypted would do. So who would this affect? Only ordinary, law abiding citizens. Once it is widely known that the government possesses a back-door, court orders will open it for far less than terrorism. Ordinary criminal inquiries, divorce cases, you name it. It bears a striking similarity to a variety of Second Amendment restrictions. Criminalize encryption and only criminals will have encryption.

  69. seems obvious.. by Anonymous Coward · · Score: 0

    Apple should push an update that disables updating on locked phones.

  70. Cryptography is decades old... by paolom · · Score: 1

    Smart guys have made blackboxes from quite a long time, more than a decade... crap security only helps to get access to normal people. Anyone with a little bit of technical background can build "blackboxes", crypto software is open-source...

    --
    Milano - Italy
  71. The issue here is trust by jcbarlow · · Score: 1

    or lack thereof. The POTUS is asking us to exhibit pretty much blind trust in a government that has lied to us repeatedly. Sorry, too late.

  72. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    So, on the one side of the line is pencil and paper and math done in your head and one time pad keys written on magicians pre-soaked with accelerant paper for easiest quick destruction. Then you have the mobile phone. Please enlighten me as to what is on the other side of the line? What technologies has the government outlawed the production of in a similar manner? Nuclear Weapons? Hand Grenades? I love the fact that your attention is focused on threshold lines, I just think you are looking at the situation rather naively.

  73. What limits? by SuperKendall · · Score: 1

    The police do not need a warrant to enter your house; the supreme court ruled that already and police are entering houses without a warrant routinely.

    --
    "There is more worth loving than we have strength to love." - Brian Jay Stanley
    1. Re:What limits? by Anonymous Coward · · Score: 0

      source please? I suspect your full of shit. After all, the 4th amendment pretty unambiguously forbids that exact thing. Like it literally has a statement that specifically says they can't do that. Like, in law, a lot of things are up for interpretation but "cannot search your dwelling without a warrant issued under probable cause" is pretty fucking clear.

    2. Re:What limits? by hey! · · Score: 1

      I understand this, but again under specific limited circumstances. For one example, suppose they saw you shooting at passing cars from your bedroom window. They wouldn't need a warrant to barge into your house, and because their reason for entering the house were legitimate they'd be able to bust you for the pot plants they find there.

      On the other hand if they simply believe you're growing pot in your house, even with probable cause, they can't just bust in. And if they do any evidence they find is not usable (it's so-called "fruit of the poisoned tree").

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    3. Re:What limits? by Anonymous Coward · · Score: 0
    4. Re:What limits? by dryeo · · Score: 1

      Is your 4th amendment really that weak? Up here (BC) the cops would still have to go and get a search warrant to search for pot plants.
      There was a case recently where the cops, with a search warrant (not for marijuana plants) found a grow-op while searching a house, left (keeping the house surrounded) and got another search warrant for the plants before returning and searching the house again. I'd assume it would be similar in those cases when they can enter a house without a warrant. (basically imminent danger to someone)
      Our rules on "fruit of the poisoned tree" aren't even as strict as yours.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re:What limits? by cfalcon · · Score: 1

      Let me copypasta that for you:

      "The Supreme Court ruled Tuesday that police may search a home without a warrant when two occupants disagree about allowing officers to enter, and the resident who refuses access is then arrested."

      That's VERY different than what was implied- that cops are entering without a warrant routinely. The Supreme Court found that entering was an "or" function, not an "and" function. That's very different from implying that cops can stroll in apropos of nothing.

    6. Re:What limits? by cfalcon · · Score: 1

      He said they would need a warrant for pot plants, and not for if you were shooting people.

      The Supreme Court case is for if two people are in the home (residents) and one says "please come in" and the other says "get a warrant". In that case, they have permission. Basically, they found that cops operate by Vampire Rules, which is strangely appropriate.

    7. Re:What limits? by dryeo · · Score: 1

      Actually he said,

      They wouldn't need a warrant to barge into your house, and because their reason for entering the house were legitimate they'd be able to bust you for the pot plants they find there.

      Which sounds like saying if they enter legally, they can bust you for whatever they stumble across.

      I think the vampire rules apply here as well, not sure how I feel about it as it's a classic case of conflicting rights and I can see both sides.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    8. Re:What limits? by Hognoxious · · Score: 1

      Even so, it's a ridiculous loophole: all they have to do is arrest anyone who doesn't consent and then they can go wherever they like.

      --
      Confucius say, "Find worm in apple - bad. Find half a worm - worse."
    9. Re:What limits? by Anonymous Coward · · Score: 0

      Well, someone needs to consent still, is the point. It's much shittier than it should be, certainly, but they don't get permission just by making arrests- someone needs to *want* them there.

    10. Re:What limits? by hey! · · Score: 1

      It is. I'm not saying I think that's a good thing, it's just the way our rules work.

      --
      Post may contain irony: discontinue use if experiencing mood swings, nausea or elevated blood pressure.
    11. Re:What limits? by shutdown+-p+now · · Score: 1

      It's called a "plain sight doctrine". If they are allowed to legitimately enter (e.g. because you invited them, or because there were circumstances justifying such warrantless entry, like e.g. hot pursuit, or articulate reasonable suspicion that a crime is being committed), they cannot search specifically; but anything that they can see without specifically searching, is considered valid evidence.

    12. Re:What limits? by Plumpaquatsch · · Score: 1

      Even so, it's a ridiculous loophole: all they have to do is arrest anyone who doesn't consent and then they can go wherever they like.

      They'd still have to find one person who asks them inside. Or pretend they heard someone scream for help. Okay, not much difference, but still a completely different excuse.

      --
      Of course news about a fake are Fake News.
  74. technically illiterate and totalitarian by ooloorie · · Score: 4, Insightful

    (1) The government doesn't have any choice in the matter. Cryptography is so easy to implement these days that anyone who wants to can use it. (2) I guess Obama's mask has come off now, and his isn't trying to hide his complete disdain for civil liberties and privacy. Obviously, his original campaign promises were just lies.

    1. Re:technically illiterate and totalitarian by Anonymous Coward · · Score: 0

      Obama has been surprisingly bad on technical issues.

      First there was 23andMe. Even if you ignore the freedom of speech issues associated with limiting the information that a company can post to it's website, the big picture sure looked like yet another case of the government providing an advantage to a narrow special interest justified by the false claim of protecting the American people - i.e. medical doctors seeing the writing on the wall that most of what they do will eventually be replaced by a well designed website.

      And then there's this. Does Obama not know that one-time-pad encryption is provably unbreakable and can be implemented with a pencil, some paper, and an unbiased coin?

    2. Re:technically illiterate and totalitarian by subk · · Score: 1

      (1) The government doesn't have any choice in the matter.

      Precisely. The code is already public domain. Come and take my encryption away? Haha. Good one.

      --
      Now, if you'll excuse me, I have backups to corrupt.
    3. Re:technically illiterate and totalitarian by Anonymous Coward · · Score: 0

      A campaign promise can only be preliminary until the tallies on the bribes are in. Naturally, priorities after election have to shift since ballots become useless while cheques can still be cashed.

    4. Re:technically illiterate and totalitarian by Anonymous Coward · · Score: 0

      mod parent down "complete disdain for civil liberties" etc

    5. Re:technically illiterate and totalitarian by Anonymous Coward · · Score: 0

      Even AlterNet and Salon complain about "Obama's dismal civil liberties record".. The blind partisanship of progressives and Obama fanbois like you is sickening.

  75. Re:Hope Apple is ready to go to jail to fight this by ooloorie · · Score: 1

    Apple's phones already have backdoors. The spat between the FBI and Apple is a charade: Apple gives a false impression of privacy, and the FBI is downplaying its capabilities.

  76. How is this a writ of attainder? by Roger+W+Moore · · Score: 1

    He seems pretty lax on allowing writs of attainder...

    A writ of attainder is legislation which declares someone to be guilty without a trial. How is that relevant here? Who is being declared guilty? While I disagree that Apple should be compelled to break the iPhone encryption that is hardly declaring them guilty and punishing them.

    All this fuss about Apple is also ultimately stupid because it is becoming increasingly easy to build a system which, while it might not be unbreakable, would be so hard to break that it will be impractical to have enough resources to do this for every case. Instead governments should be investing in clever, intelligent law enforcement approaches instead of the lazy "collect everything" approach that they seem to becoming increasingly attached to.

    1. Re:How is this a writ of attainder? by Anonymous Coward · · Score: 0

      Instead governments should be investing in clever, intelligent law enforcement approaches instead of the lazy "collect everything" approach that they seem to becoming increasingly attached to.

      The end game isn't about stopping crime.

  77. Its not about the phone. by Anonymous Coward · · Score: 0

    Problem is its not about this phone. It is about the capability for all our data, thoughts, messages, information etc to be surveilled all the time. The govt has shown itself very willing to do mass surveillance without any just cause. Its becoming the panopticon. The phone is just the next step.

    I am happy that apple is standing up and saying no.

    Sure... it might be a little harder to catch the bad guys. But what's the alternative?

  78. That's right by Anonymous Coward · · Score: 0

    Wouldn't want the 99% to have a swiss bank account

  79. What? by Anonymous Coward · · Score: 0

    He said compromise is possible and the technology industry must help design it.

    Oh. I'm sorry. I missed the part where you became an expert on Von Neumann or super hard math or systems of any kind, really.

    Compromise is not possible because the system is designed to be resistant to compromise. If you introduce a compromise, you have undermined the system completely. Ergo if we want encryption, there is no compromise. It has to be the state of the art with hard math and no compromises. You have just decided by fiat that this can happen, should happen, and have directed other people to make it happen. This makes you a piece of shit. And a moron. And probably a fascist. What are you going to do if they tell you to blow it out your ass as the reasonable response to this is? If the answer is anything other than nothing, you're definitely a fascist.

  80. Re:This is all security theater to gut 4th Amendme by Applehu+Akbar · · Score: 1

    "There's a whole bunch of people who want to gut the entire bill of rights and beyond, like the 13th and 14th amendments."

    Relax. Of late, his base is turning to Hillary.

  81. So much for Obama caring about people by Anonymous Coward · · Score: 0

    As far as child pornographers or terror plots, I honestly feel more threatened (both personally and on behalf of society) by the government. I'm sorry for anyone who gets killed or exploited, but I'm willing to take my chances with both as opposed to the chance of the FBI/DEA/etc showing up on my doorstep one night because of something they read out of context in an email.

    And being treated as an illiterate idiot by the POTUS (that one speech would have cost him my vote) doesn't go down well either. I don't fetishize" my phone, but I do worry about my safety; the "balance" has swung so far towards the government in the last 200 or 300 years that it needs to be pulled back. We've started wars (starting with the American revolution) over government overreach far less disturbing than we all live with now.

  82. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 2, Interesting

    It's not a special case. If the government has a legal warrant & the tools to do so they can break in to my phone...that's no different than having a legal warrant & the tools to break down my door than they have a legal right to do so (of course I'd wish they'd pay for the damage but of course they don't).

    In both cases I can apply a lock to my property & the government can't mandate that the lock I apply to my physical properly has to be made to be 'less secure than I damn well want it to be'...but that's what they are saying you should have to do with your phone (or presumably any digital device with data I encrypt).

    Or lets take this to a reasonably similar comparison level. Let's say I have some physical papers & I put them in a safe. Nothing says I can't make that safe so secure that if you don't know EXACTLY how to open it than the papers will be destroyed. I'm not just talking about having a combination or something that could be guessed but rather you could make it that if 10 guesses were entered incorrectly than acid would leak out all over the papers to destroy them...take it to whatever level necessary to make it 'reasonably equivalent' to the security in the iPhone. So now the government could try to physically bypass the lock (crowbars, explosives, drills, what have you)...but in all those cases I could design the safe to destroy the contents (again with acid, and of course if the government tried to blow it open with explosives you could just make it so thick that the explosive alone could destroy the papers)....long story short physically securing my physical papers in this way is allowed & there's 0 the government can do about it with or without a warrant...if on the other hand the government tried to pass a law saying safes could only be 'this secure' but no more and that we MUST always have backdoors to our valuables allowing the government to bypass any security we chose to use THAN we'd be protesting like crazy.

    So, nobody anywhere is saying the government with a valid warrant can't TRY to access the information, what we're saying is that "we aren't obligated to reduce our security to help them".

    As such there's no difference here at all other than the government not wanting every peon on the planet to have the ability to make their lives harder...too bad, the rules aren't set up to make the government's life easier to subjugate their people...and if you don't think that happens you haven't been paying attention.

  83. None of this is new by WaffleMonster · · Score: 1

    I love how they try to insist this is new and somehow unique or different from anything that has gone on for thousands of years since language was nothing more than a series of grunts.

    People always had the capability to speak or write in code or riddles to conceal thoughts from others. Doing the same thing with (insert modern tool here) may well provide additional capabilities or conveniences not before possible but is not a new or foreign concept. The implications are no different.

    Regardless of technology used to protect stored thoughts or communication between trusted individual there is always a commons where those with evil aims must operate to find buyers or sellers for illicit goods and services, recruit and gather materials..etc. Given requirements for search under the 4th something other than private communications and stored data must serve as primary venue and vehicle by which investigations are supposed to start.

  84. Obama gave away the real reason... by Anonymous Coward · · Score: 0

    "... how do we apprehend the child pornographer? How do we solve or disrupt a terrorist plot?" Obama said. "If in fact you can't crack that at all, government can't get in, then everybody's walking around with a Swiss bank account in their pocket."

    Obama slipped up there and let the cat out of the bag. Terrorism and child porn are of secondary concern to the control and knowledge of MONEY. While there are decent minded folks in government who care about the former two, the folks who are most destroying our liberties are the ones who think ANY monetary transaction is the government's business, and use monetary control as a means to exert power and enrich themselves and their cronies (both directly and indirectly).

    Well, that's my first ever post on Slashdot. How did I do?

  85. This is what you get by Anonymous Coward · · Score: 0

    When you vote for a leftwing fascist. And make no mistake Obama is a fascist.

    1. Re:This is what you get by Locke2005 · · Score: 1

      He is a left-of-center moderate with experience as a civil rights attorney, which gives him a bias towards providing equal civil rights for everyone. The civil rights thing is the biggest difference between Obama and Trump. As far as "fascist", perhaps we should study the definition of the word more carefully before we throw it around. The being said, the limits of executive orders should be carefully defined by congress to limit the excesses of presidents no matter which party they hail from. The executive branch is there to make _emergency_ decisions, not to make laws (legislative branch) or interpret laws vis-a-vis the constitution (judicial branch).

      --
      I've abandoned my search for truth; now I'm just looking for some useful delusions.
    2. Re:This is what you get by fnj · · Score: 1

      He is a left-of-center moderate

      Bullshit. He is an extreme statist. An overwhelming majority of our politicians are.

  86. Streisand Effect of sorts by Natales · · Score: 1

    For years, many voices in tech have been screaming about lax security and privacy controls in most devices and online services. Well, this argument may end up being a Straisand Effect of sorts, by encouraging the tech community to finally rally together and develop the kind of systems where this will be a non-issue: zero knowledge, end-to-end encrypted, ephemeral IDs when we need it, plus validated, immutable, blockchain-based distributed trust systems when we choose to. Heck, right before this story in Slashdot you have the one on the release of Wire. We'll see more and more of this. The government has no idea of what they've unleashed.

  87. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 1

    Note, I do not have to LET the government in to my house even with a warrant, they are welcome however to break down the door if I don't let them in (and they don't have to pay for the damage) so most people just let them in.

    To take this to an equivalently reasonable level rather than saying I encrypted the ledger & kept it in my house I put the ledger in an 'impenetrable safe'...they come to my house with a warrant. I let them in the house...they want in to the safe & I get to say 'sorry but I don't have to let you in the safe as that is against my 5th amendment rights...you're welcome to try to break in to it though'. So they make off with the safe & in trying to break in the contents are destroyed...'oops, sorry, that's part of the security mechanism of my safe. tough luck I guess'...

  88. Real smart by Locke2005 · · Score: 1

    Yeah, way to drive the entire cell phone industry overseas!

    --
    I've abandoned my search for truth; now I'm just looking for some useful delusions.
  89. Re:Hope Apple is ready to go to jail to fight this by Rockoon · · Score: 0

    I'd have said Cheney / Rumsfeld. This is some hard-core Right-wing shit.

    No this is quite solidly left-wing thinking. It would be wrong if only the phones of minorities had back doors, but thats not the case here. Its for everyone. Fairness!

    --
    "His name was James Damore."
  90. Re:Why is everybody drawing a line at their phones by Pulzar · · Score: 1

    So, on the one side of the line is pencil and paper and math done in your head and one time pad keys written on magicians pre-soaked with accelerant paper for easiest quick destruction. Then you have the mobile phone. Please enlighten me as to what is on the other side of the line? What technologies has the government outlawed the production of in a similar manner? Nuclear Weapons? Hand Grenades? I love the fact that your attention is focused on threshold lines, I just think you are looking at the situation rather naively.

    Maybe I am, because I don't understand what you're trying to say. I don't know what's on the "other side of the line", the line seems to have been crossed by the government wanting to see what's on a phone after getting a warrant to do so. My argument is that they can already get much more private information about me by breaking into my house, car, etc., and nobody is up in arms about it. I think that's exactly what Obama is talking about -- we've lived for a long time in this balance of mostly having privacy, except when a warrant says otherwise, and it's generally been ok with the vast majority of the people. However, the *phone* is something that absolutely must be off limits to the government? I don't understand why is the phone so special.

    What technologies has the government outlawed the production of in a similar manner?

    Are they about to outlaw encryption?

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  91. Those idiots by Anonymous Coward · · Score: 0

    Are not talking about what they think they are talking about.

  92. Yikes by Anonymous Coward · · Score: 0

    If you accept his premise then it really is a slippery slope and only a matter of time before someone makes the argument that your brain isn't a black box and that the government should be allowed to pry open your skull and check what's inside.

    I can't believe he threw out the think of the children line.

    I actually felt sorry for the guy because he was being so shabbily treated by the Republicans. Now I don't care.

  93. Door too hard to kick in == actually a crime by Anonymous Coward · · Score: 0

    A long time ago I read an account of a drug bust where the perps had created a brace to jam the door closed, basically a stick jammed between the doorknob and a hole in the floor, and a charge was added for this, something like "creating an impediment to police access." Someone else might know the exact language but what stuck was that yeah, they really hate it when you do that.

    1. Re:Door too hard to kick in == actually a crime by PPH · · Score: 1

      they really hate it when you do that.

      Then these guys must really have been pissed.

      --
      Have gnu, will travel.
  94. Re:Why is everybody drawing a line at their phones by dbreeze · · Score: 1

    I think for many people it is effectively "bearing arms". The ability to stream live video and audio from the scene of any government activity by any citizen is a huge burr in Simon Barsinister's ass. If one subscribes to the enumeration of a right to bear arms being meant to enable the citizenry to possibly defend against governmental tyranny then it's not a long stretch to see the cellphone as the modern day equivalent of the musket of colonial times.

    --
    When the king heard the words of the Book of the Law he tore his robes.2Kings22:11
  95. Re:Why is everybody drawing a line at their phones by Pulzar · · Score: 1

    Or lets take this to a reasonably similar comparison level. Let's say I have some physical papers & I put them in a safe. Nothing says I can't make that safe so secure that if you don't know EXACTLY how to open it than the papers will be destroyed. I'm not just talking about having a combination or something that could be guessed but rather you could make it that if 10 guesses were entered incorrectly than acid would leak out all over the papers to destroy them...take it to whatever level necessary to make it 'reasonably equivalent' to the security in the iPhone.

    The thing is, it's wildly impractical to build a house in which all the contents will be destroyed when someone tries to break in, and even such safes are unlikely to be particularly popular because of extremely difficulty in building something like that, and the chance of losing everything due to a bug or user error.

    It's really not a realistic comparison at all, as nobody in reality actually protects their physical belongings in such a way. And, I still believe that those possessions are way more private to me than my phone, and would be much more upset over it.

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  96. Re:Why is everybody drawing a line at their phones by Pulzar · · Score: 1

    I think for many people it is effectively "bearing arms". The ability to stream live video and audio from the scene of any government activity by any citizen is a huge burr in Simon Barsinister's ass. If one subscribes to the enumeration of a right to bear arms being meant to enable the citizenry to possibly defend against governmental tyranny then it's not a long stretch to see the cellphone as the modern day equivalent of the musket of colonial times.

    It's an interesting comparison, I never looked at it that way.

    However, we are talking about the situation where you've been arrested and the government has a warrant to search your stuff. You're not streaming any live video at that point, either way.

    --
    Never underestimate the bandwidth of a 747 filled with CD-ROMs.
  97. You know, by Anonymous Coward · · Score: 0

    It is kind of obvious now that hes pushing the authoritarian surveillance state.

  98. a Swiss bank account everyone has by Anonymous Coward · · Score: 0

    We already have such a black box, it's called our own mind and memory, and it's constitutionally protected by the Fifth Amendment.

    But I totally admit that, to the left-wingers, it's just another "can't be allowed".

  99. Legions of Slashdot Obama Sycohants... by Anonymous Coward · · Score: 0

    ...have so much butt hurt right now.

    more to come when Sanders and Hillary both take the FBI's side.

  100. NSAmabinladen by Anonymous Coward · · Score: 0

    The usefulness of civilization is the protection it gives the citizens from each other. To the government, the usefulness of civilization is the citizens support of the governments wars against other governments.

  101. Re:Why is everybody drawing a line at their phones by nikhilhs · · Score: 1

    There are dick pics on my phone. Obama can't have my dick pics!

  102. So... by CanadianMacFan · · Score: 1

    even if you do decrypt the phone of this deviant person with the child pornography what are you going to do with the big encrypted file that you can't touch because they knew you had a back door to the phone and put all their files into an app that kept them safe and separate from the operating system?

  103. Camera in every home. by Etherwalk · · Score: 2

    The government shouldn't be able to have a camera in every home.

    Phones have cameras and are in every home.

    Q.E.D.

    1. Re:Camera in every home. by ColdWetDog · · Score: 1

      They don't want a camera in every home.

      They want a dozen.

      And a couple of microphones, motion detectors, mass spectrometers and a fax machine (backwards compatibility and all that).

      --
      Faster! Faster! Faster would be better!
  104. Re:Why is everybody drawing a line at their phones by phantomfive · · Score: 4, Insightful

    Mainly because if the government can break into your phone, then other people can.
    You wouldn't accept if the government required no locks on doors, and this is basically what they are asking, but with phones.

    --
    "First they came for the slanderers and i said nothing."
  105. you probably already know this by raymorris · · Score: 1

    You may well already know this, but I thought I'd mention it. The "god damn piece of paper" story, like others based on tips from the same bogus source, was retracted by the author, who had this to say:

      Thompson (July 26, 2006): I started taking more chances with stories, jumping on ones with sketchy sources, always trying to outdo the last "big" story. I had people willing to help me and they would send me info that I used often on their word alone.

    . . . I wrote stories based on emails from sources I never met. I would meet self-proclaimed "important people" in out-of-the way bars, taking what they told me at face value. Washington is a breeding ground for phonies and wannabes. Too often I printed what they told me because I was so full of myself that I was sure it was true and did not require further verification.

    It turns out that one of his most important sources, who claimed to work in the White House while feeding your blogger "inside the White House" stories for years, never did work in the White House at all, not for a day.

  106. What about literal black boxes? by Anonymous Coward · · Score: 0

    If I had a *literal* black box that was glued shut, they'd still need a warrant to break it. What the government is asking for is the right to break anybody's black box on sight.

    Somebody once said that fascism would arrive in the USA in the guise of patriotism, or something to that effect. I beg to differ--I think it mostly rides on on laziness. The same people who require you to fill out paperwork know what a pain it is. They don't want to do it either. They keep looking for ways to make their job easier. Trouble is, being a cop is easy under fascism--for a while. Eventually it spirals out of control and the next emerging superpower has to come in and crush you. I just hope we don't get to the point where the once proud USA is reduced to rubble, and spends the next several decades having our Chinese hegemons making us feel guilty over all the Mexicans we exterminated in camps.

    So, this might seem like hyperbole; but if you're in government don't complain about the paperwork. It's helping us to avoid becoming the 21st century Germany.

  107. Wisdom of Pandora by mdsolar · · Score: 1

    Let black boxes be black boxes.

  108. No shit, Sherlock Obama!! by jenningsthecat · · Score: 2

    Snowden’s leaks have complicated the encryption issue, Obama said, by "elevating people’s suspicions" of government surveillance.

    Duh! When a Peeping Tom gets caught looking in the neighbours' windows over and over again, the whole neighbourhood's suspicions are justifiably elevated. And when it's discovered that ol' Tom is taking pictures and sharing them with other voyeurs, the rest of the neighbourhood isn't just 'suspicious', it's both fearful and angry!

    So Mr. President, are you saying that our neighbourhood would be better off if our good neighbour Ed simply hadn't told us what's going on? And, let me get this straight, you're saying that we ought not to be allowed BY LAW to put up blinds and drapes in our homes? Or that if we do have them, ol' Tom has a legal right to open them whenever he damned well pleases? It's certainly VERY difficult to interpret your words in any other way. And if you would disagree with my characterization of various government agencies as Peeping Toms, I'd very much like to hear your argument; frankly, I doubt that you can come up with anything even remotely convincing. As for our private information being "accessible by the smallest number of people possible for the subset of issues that we agree is important", well, that's more than a little vague, don't you think? Not to mention ambiguous, and ultimately meaningless as well. What you'd really like to say is "just trust us!"; but you realize on some level that you have already destroyed the trust you want from us, so you use weasel words to skirt the issue.

    Barack Obama, I believe that you are being brazenly, foolishly, cynically disingenuous in a manner unbecoming of "the leader of the free world". You are drastically lowering the bar of leadership while you simultaneously debase and undermine the freedom you swore to protect. Shame on you, Mr. President.

    --
    'The Economy' is a giant Ponzi scheme whose most pitiable suckers are the youngest among us and the yet-unborn.
    1. Re:No shit, Sherlock Obama!! by Anonymous Coward · · Score: 0

      +1 Damn right.

  109. Gov knows best by z3razerviper · · Score: 1

    Once again shows his contempt for the free people of this world maybe now people wont think all those Crazy rednecks are that crazy after all.

  110. Losing my mind by Anonymous Coward · · Score: 0

    I have a fetish over my thoughts, too. That doesn't mean the government has the right to read my mind, even if the technology exists or could be created.

  111. The Liberal Messiah Has Spoken... by Anonymous Coward · · Score: 0

    ...and let all his blinder wearing followers praise and defend his ever word, at all costs. If you dare disagree with Messiah Obama, you will be forever labeled a "racist redneck" and wear that star in shame! Hallowed be thy name, OBAMA!

    Indoctrinated dorks on Obama defense here are scary and couldn't think for themselves if their lives depended on it. Rot in hell, boot wearing liberal scum.

  112. "fetishizing our phones" comment really annoyed me by JoeyRox · · Score: 1

    I found the comment unbelievably condescending. People keep their entire lives on their phones and for Obama to dismiss it as a minor life accessory shows how tone deaf he is on the entire privacy/encryption matter.

  113. Re:Why is everybody drawing a line at their phones by penguinoid · · Score: 1

    You'd be much more concerned about your house's security if you carried it with you in your pocket, and might have it thoroughly searched if you got pulled over or crossed a border. Or if the government and every tech-savvy criminal or organization anywhere in the world could search your house by clicking a button, whenever they wanted to and without your knowledge or consent. Then you wouldn't think it was a clever idea to require them all to be accessible to anyone who knows a (temporarily) secret code.

    --
    Don't waste your vote! Vote for whoever you want, unless you live in a swing state it won't matter anyways
  114. Police Work by Anonymous Coward · · Score: 0

    "The question we now have to ask is, if technologically it is possible to make an impenetrable device or system, where the encryption is so strong there's no key, there's no door at all, then how do we apprehend the child pornographer? How do we solve or disrupt a terrorist plot?" Obama said.

    Its called police work. Police have been fighting crime for hundreds of years. Real police work is boring and tedious. You canvas a neighborhood, examine the crime scene, question witnesses, collect forensic evidence, follow suspects around, visit the DA and see if you have enough hard evidence to bring a suspect in for questioning or maybe get a warrant to tap his phone.

    The problem with modern police is that they have become fat and lazy. They want to sit in their cubicles and randomly listen in on phone conversations until they think they hear something that they think they can claim is a crime. If you look at a lot of the so called terrorist activities over the past couple of years you see a pattern. Take the Boston bombers for example. Government officials were informed on several occasions that these people were extremists and to watch them, but the police did not want to investigate them because that would have required actual effort.

  115. Black Box by Anonymous Coward · · Score: 0

    I think the "black box" scenario they want is "tracking device on every person that records much of what they do, where, and with who" that they can read whenever they like. Preferably without actually having to have physical access to the device.

  116. Why not ban computers too? by cfalcon · · Score: 3, Interesting

    Computers can easily be rendered "a black box". This has been the case to a great degree since the 90s, and absolutely since the mid-aughties.

    Here's the logical results of this kind of shitbaggery coming to pass:

    1)- When you mandate the mobile guys make backdoors, this will also mean that you can't EVER have an open source phone. Because the open source stuff won't have a backdoor.
    2)- Since phones are just computers, this law, however it is written, can be interpreted to apply to ANY general purpose computer. You can wholesale ban all encryption that way, but most importantly, you can and MUST ban open source firmware, open source OS, every single thing.

    These things aren't "slippery slopes" or hypotheticals- any law that is passed WILL INEVITABLY be that. It may not be ENFORCED as that immediately, but I could claim your PC is a phone by any legal definition the government sees fit to use.

    Literally no presidential candidate is on the correct side of this issue, and neither is the president. Congress hasn't been clueless... yet. Surprisingly.

    1. Re:Why not ban computers too? by Anonymous Coward · · Score: 0

      2)- Since phones are just computers, this law, however it is written, can be interpreted to apply to ANY general purpose computer.

      Like calling marihuana any plant and applying the same law repeatedly? Someone already called basil spinach in my pizza (but I am not in-basil...). It is a sure way to get rid of all kinds and manners of plants. I do think of my laptop as a phone (FB, email, _this_).

  117. "Compromise" has 2 different meanings by Tablizer · · Score: 1

    He said compromise is possible and the technology industry must help design it.

    Example?

  118. bad argument by Anonymous Coward · · Score: 0

    "...how do we apprehend the child pornographer?" Wasn't this same argument used when we stopped beating the shit out of suspects? I cannot wait for this presidency to be over. Every day brings a new assault on America.

  119. In my pocket?!? by Sir+Holo · · Score: 2

    FTA: , then everybody’s walking around with a Swiss bank account in their pocket."

    If it is in my pocket, no Government authority has the Constitutional right to access it without my express permission, or actual probable cause.

    Obama, why do you hate the US Constitution?

    1. Re:In my pocket?!? by Anonymous Coward · · Score: 0

      >Obama, why do you hate the US Constitution?
      Because he is a muslim and hates the U.S.
      It's that simple.

    2. Re:In my pocket?!? by Anonymous Coward · · Score: 0

      OMFG dude, check this shit out I have in my pocket- shiny metal coins and official looking slips of paper. I can like, totally anonymously buy anything the fuck I want. Wow.

  120. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    It's not the phone that's special, it is the concept of encryption. Authorities can get a warrant to seize your things by going through your stuff, but they do not have the authority to force you to give it to them, tell them where to look, what they really should be looking at. This is the general protection afforded by the 5th amendment: the government does not have authority over your knowledge.

    To me the phone case is clear. the FBI has the phone, they are free to search it all they want. What they don't have the authority to do is to FORCE someone else to work for them, in this case by Apple writing code for them to disable the encryption.

    The other key thing that gets everyone up in arms, is that the government is now claiming since it's hard to break encryption, NO ONE should have encryption. This is the consequence of forcing the encryption to be flawed. They claim it's only for 1 device and only they will have access, but history has shown that anyone can get hacked, even the government. Once a capability is proven for one device, not only does it prove the encryption to be easily breakable, but there is now precedent for it being broken later in the future. Given that all encryption is then flawed, how long do you think it will take others to gain access. Think of the internet and all electronic transactions. If you know it's not secure, do you really want to use it? Will anyone else? The government's flaw in their logic is that the benefit of breaking encryption is vastly outweighed by the benefits encryption brings.

    TLDR: Do you believe the government should be able to force you to do something you fundamentally disagree with? Are you ok with breaking the global digital economy?

  121. Now it is settled. by Anonymous Coward · · Score: 0

    Our great and wise leader, President Barack Hussein Obama, has spoken: the matter is settled forever. Nobody can or should debate further for this would imply a lack of trust in Our Leader's infinite wisdom and intelligence. To do this would be nothing short of disloyalty and should be considered treason. Our President, the great Barack Hussein Obama, recipient of the Nobel Prize for Peace, is right by law. All must submit. Those fools who disagree are either lunatics or criminals and must be arrested. Period.

  122. You've missed the point ... by Anonymous Coward · · Score: 0

    The point is not if Apple is ready to go to jail. In any case, it's pretty fucking rare for the executive board to be imprisoned for a corporate "crime".
    The point is: are YOU prepared to go to jail to fight this?
    How much do YOU care about your privacy?
    Are you prepared to install "rogue" or "illegal" software on your device?

    The world is full of armchair warriors, and precious few will volunteer their time and liberty to fight off the neo-fascists.
    And don't pretend the neo-fascists are "out there" or "in Washington".
    They live next door, they teach your children, cook your burgers, and pay your wages.

    Frankly, given recent history, I can't see the great unwashed american public standing up for anything on principle any more ...

  123. stakes higher than public safety or privacy by Anonymous Coward · · Score: 0

    Both are precious, agreed, and government has a mandate to protect both. But the current system is threatened by deliberate sabotage, malfeasance and neglect perpetrated by people in government, or contracted to the government. You might argue that, in an actuarial sense, its not worth giving up privacy to incur the risk of a hypothetical political "tyranny", the worst consequence of enabling the panopticon state. But what about the transnational tyranny of global capital? Money that "trumps" sovereign law and international rules is potentially more terrible - just how are people to oppose it when it coopts and corrupts their governments? The threat is bigger than lethal whackos taking lives, AND losing the "integrity" of our privacy, because the whole shebang is under assault, by bastards with trucks of money and lawyers. Think Puerto Rico. . . or any of dozens of mainland cities going bankrupt. The misery thats unfolding as these things go down the tubes, schools closing, clinics closing, water becoming undrinkable (air unbreathable in China) pathogens running wild as public health systems fail, no police or fire protection. . . . and all the while, payments are extracted and extorted to global creditors. I want the feds to go after THESE bastards who are selling the whole thing out from under us, and if they can't, there's going to be no point in whining about your personal privacy. So let em look where they want to look, but they should maintain the trust and good faith of the public, thats the only way we can win. We have a civilian duty to oversee the enforcement agencies, via the political process. People are clamoring about the public prerogative and need to scrutinize HRC emails - while this country is being carved up and sold on the floor of congress. IF you cant trust the feds, then its all moot anyways, because cracking security is the only way we can stop the people (and various corporate entities) who are angling to tear it ALL down SLOWLY. (its not the one guy trying to blow up a little bit quickly we have to fear)

  124. oh wow by Anonymous Coward · · Score: 0

    he really *is* an asshole :|

    what next? will he force the industry to "work with the government" to r&d mind reading? because, you know, otherwise everyone is walking with a swiss bank account in their brains.

    HUGE asshole.

    i'm wondering who is behind all this, who benefits?

  125. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    If it was possible to build a hypothetical unbreakable house or safe that no-one, not even a nuclear armed state, could break into without permission of the owner we would be defending the right to own those as well. Above all we value the right of everyone to empower themselves with the laws of nature (in this case, mathematics).

  126. President Obama said Friday that humans -- by Anonymous Coward · · Score: 0

    like the humans the CIA is trying to break in Guantanamo Bay -- can't be allowed to be "black boxes," inaccessible to the government. He believes health companies should work with the government on thought reading rather than leaving the issue for Congress to decide. He went on to say, "If your argument is no thought reading no matter what, and we can and should leave them be black boxes, that I think does not strike the kind of balance we have lived with for 200, 300 years, and it's fetishizing our brains above every other value." "The question we now have to ask is, if biologically it is possible to make an impenetrable device or system, where the complexity is so strong there's no key, there's no door at all, then how do we apprehend the child pornographer? How do we solve or disrupt a terrorist plot?" Obama said. "If in fact you can't crack that at all, government can't get in, then everybody's walking around with a Swiss bank account in their head." He said compromise is possible and the health care industry must help design it.

    1. Re:President Obama said Friday that humans -- by Anonymous Coward · · Score: 0

      Ever consider what would happen if we were to design a device to read our thoughts so nothing is ever private in a court of law?

  127. Makes sense from a country that does torture by Anonymous Coward · · Score: 0

    Not allowing black boxes makes sense in a country that does torture and war, cultivating a steady supply of 'enemies'.

  128. Absolutely Right! by blindseer · · Score: 3, Informative

    Let's not have all these technological black boxes where the government can't see what's inside. We need to get to the bottom of this. People's lives are at stake! The FBI must investigate, leave no byte unexposed.

    Wait...

    You mean we aren't talking about the Clintons' e-mail server? Because all this talk of encrypted sensitive data, threats to our security, and what not I thought for certain this was about the former Secretary Clinton not letting the FBI look at her old e-mails, those created while she was under the employment of the federal government.

    Sure, let's talk about what secrets the people can keep from the government but not about what secrets the government wants to keep from the people.

    --
    I am armed because I am free. I am free because I am armed.
    1. Re:Absolutely Right! by Anonymous Coward · · Score: 0

      I seem to recall she is under active investigation. I'm not sure your statement has much to contribute.

  129. We've heard this argument before... by emag · · Score: 1

    Ah, the old "four horsemen of the infocalypse" argument. The 1990s called, they want their fallacies back...

    --
    "The urge to save humanity is almost always a false front for the urge to rule." --H.L. Mencken
  130. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    Well, my phone has access to my email for the last decade, both work and personal, banking records, bills, chat logs to friends, phone records tied to names, and all photos and videos, possibly with geotagging data, and my apartment that I moved into last year is small and would just tell you whether I'm any good at making my bed or not.

  131. Hope and Change by jabberw0k · · Score: 1

    how's that hope and change working out for ya? Obama sounds an awful lot like a CIA shill here. Or is this Bush's fault too?

    1. Re:Hope and Change by Anonymous Coward · · Score: 0

      Well, it would seem that at inauguration time, they took Bush's brain (all 50 grams of it) and transferred it to Obama's head. They had some rough times figuring out where to put Obama's brain. The first thought was some pet dog or cat in the White House but they wanted to avoid any critical amount of brain accumulating in the White House. They found some scarecrow which is now teaching math.

      Thanks Obama, you gave it your all. Thinking can become a quite unhealthy addiction that may seriously endanger your health (just ask MLK and JFK), and it's very impressive that you managed to break the habit when in office.

      "I did not have thoughts with this bill".

  132. Deregulated regulation by Anonymous Coward · · Score: 0

    Fuck congress, fuck democracy, fuck checks-n-balances, government and big tech collude for absolute power.

    Thanks, but *no* thanks.

  133. What a surprise... by Anonymous Coward · · Score: 0

    Obama is the king of comments like this, where he has no problem throwing individual rights under the bus in favor of "government" rights.

    Compromise is *not* possible.

  134. Black box? by Anonymous Coward · · Score: 0

    Maybe someone should explain to the president what a "Black Box is"? Is he advocating open source and hardware in all smart phones? Even if the smart phones aren't allowed to be Black Boxes (with the proper use of the term) there is no guarantee that the government would be able to decrypt them since the strongest encryptions have commonly known algorithms.

    1. Re:Black box? by ChunderDownunder · · Score: 1

      I thought he was advocating a return to good old Canadian know-how, i.e. his trusty Blackberry.

      Pesky US companies such as Google and Apple can't be trusted to follow the script...

  135. Ignorant father by Anonymous Coward · · Score: 0

    ""If your argument is strong encryption no matter what, and we can and should create black boxes, that I think does not strike the kind of balance we have lived with for 200, 300 years...

    You know Obama, maybe you're right. No one should have black boxes for cell phones. Unlock them all, you say. OK fine. Let's start with yours...after all I'm sure you have nothing to hide, right?

    "..., and it's fetishizing our phones above every other value."

    Spoken like a true father who's never taken away his daughter's cell phone as punishment. If he did, he would understand exactly how much young society today values their cell phone, and why a Right to privacy and security is still about citizens too.

  136. Re:This is all security theater to gut 4th Amendme by Anonymous Coward · · Score: 0

    Is that a badly formed joke? How is that the slightest bit relaxing?

  137. He has it backwards by Anonymous Coward · · Score: 0

    Government is suppose to be transparent... and people's privacy, private.

    But on no, terrorists and pedophiles! What a dirt bag Obama turned out to be, and what sheep the American people are.

    "Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." -- Benjamin Franklin

  138. Crimes without phones by Anonymous Coward · · Score: 0

    Just imagine if the scenario you described unfolded without the aid of phones. What would the helpless government do?!

    A locked phone should be considered in the same light as a verbal conversation between two people who's contents disappear entirely and immediately once the words have been spoken.

  139. Re:Why is everybody drawing a line at their phones by geggam · · Score: 1

    Because the phone is something everyone has and they finally get what intrution the govt is / has been doing.

    If they understood the other things the govt is nosey about and keeps tabs on I wonder what actually would be happening.

  140. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    Phones focus the issue because control over them rests with the manufacturer to a higher degree than we are used to.

    Think of a desktop PC. Who would be in charge of preventing effective encryption there? You probably can't force Intel to etch basic arithmetic out of general-purpose CPUs, or WD to stop certain arrangements of bits from being written onto their hard drives. Or if you could, people would just swap these components for others. Once an operating system is riddled with government back doors, people install another one. Encryption may be outlawed in some place, but anyone can write software for a desktop PC, it can be sold and distributed through any number of channels, so unless you outlaw maths or electricity, there will always be ways for your PC to be a black box.

    Now, how do you swap the hardware components of your phone, when in oh so many models it's near impossible even just to swap the battery? How do you install an alternative OS on an iPhone? Smart phones are designed to be locked down. In a perfect smart phone world, one company will control everything, hardware, software, content. In the good old days, Microsoft bundling a browser with their operating system was seen as an unfair competitive advantage. That was six years ago. On smart phones, the absence of choice has always been the norm.

    So yes, the government can break your door down. That's probably a good thing, on the whole. At the same time, independent of that, nobody stops you from barring your door, installing additional locks and so on. But imagine there we only ten different models of houses made by three manufacturers, and you can't make any changes to them whatsoever except paint the walls. Now, the government tells those three manufacturers: All doors must be made out of cardboard. It may amount to the same thing, on the whole, but the reaction would probably be much different.

  141. People: We Can't Let Presidents Be Black by Anonymous Coward · · Score: 0

    People:
    We Can't Let Presidents Be Black

  142. Re:Hope Apple is ready to go to jail to fight this by Mass+Overkiller · · Score: 1

    Geez how did we stop these people BEFORE cell phones?

  143. Cowards, all. by Sqreater · · Score: 2

    This is the same president that called citizens trying to influence their elected representatives "noise" in his latest State of the Union Address. This is the same president that called the United States military, "my military" during the Syrian crisis. This is the same president that tries to rule by Executive Order because he doesn't understand or accept the legislative power of Congress. Now he tells us we must allow the government to access every communication we have in case we are child pornographers or terrorists. This is a man who doesn't understand or accept personal rights, freedoms, and privacy, and their cost. This is a king.

    Rights and freedoms are defended not just on the battlefields of our nation's wars, but in our daily lives. And when we can no longer pay the daily price for freedom and rights we can no longer have them. We have become a nation of cowards unwilling to pay the price of rights. Because of hyper-liberals like the president we must raise the suffering of individuals, however few, above the rights and freedoms of the 320 million Americans who live today, and the perhaps billions to come. Rights and freedoms are controversial because they cost. And rights and freedoms, once lost, are only regained by blood. That is a lesson of history..

    You cannot save the last life without destroying every right and freedom we have, and not even then. This is a sad truth that adults in a true democracy should understand.

    --
    E Proelio Veritas.
  144. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    The government issues a warrant for a piece of paper. The paper is provided to the government. The information on the piece of paper is encrypted. The encryption code was developed by person X, charged with no crime. Can the government force person X to develop a method to decrypt the information (provide the encryption method)?

    The piece of paper is in an envelope. The government has the envelope in the possession. The envelope is "magic" in the sense that if the envelope is opened without first speaking the "magic word," the words written on the piece of paper within the envelope disappear. Can the government force person X, charged with no crime, and not subject to a warrant, to provide that magic word? This person X runs a business producing these magic envelopes, and the magic word could be used on any of the magic envelopes he produces and sells.

  145. How about No... by Moloth · · Score: 1

    ..because as our good friend Ed glaringly pointed out you can't be trusted.

  146. Destroy America by rally2xs · · Score: 1

    Sure, lets give everyone absolute security, including the terrorists, so that when they do think up something horrific, like taking out 9 key electrical substations which would bring the power grid down completely for 18 months, thereby destroying the USA completely with about a 95% mortality rate with the only survivors being the cannibals, we won't be bothered with the inconvenience of being able to see it coming and prevent it. Sure, let the bad guys communicate in secret. Right.

    1. Re:Destroy America by LynnwoodRooster · · Score: 1

      Dear Sir, I find your ideas intriguing and would like to subscribe to your newsletter.

      --
      Browsing at +1 - no ACs, I ignore their posts. So refreshing!
  147. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    Because the way we use phones is as an extension of the mind, and the 5th Amendment protects the contents of our minds from being coerced.

    Few people understand that this is why they finally feel the effects of the "papers, please" system, but IMHO this is what it really is about.

    Imagine 50 years from now when instead of a phone we have a true cerebral implant. Why shouldn't the government have access to the data in that implant if they can have access to the data in the phone? Now imagine 100 years from now when a device exists that can truly read the data stored in a biological mind. Why shouldn't the government be able to use that device to read a defendant's mind, especially if that is needed to stop a ticking time bomb plot?

    It's all the same thing in the end: no matter where the data is, it needs to be considered the same as your mind. (Aside: In my opinion, the Founding Fathers got it wrong with the 4th Amendment. They should have stated flat out that the contents of people's papers and documents are off-limits no matter what, period. If the only evidence that a crime even exists is what someone wrote down, their "intent", was it really a crime in the first place?)

  148. He doesn't get a choice by Anonymous Coward · · Score: 0

    Since the advent of encryption the government doesn't really have a choice. They can and will be black boxes. I wish somebody would explain to them how their dragnet surveillance actually caused the situation they now find themselves in. When the people trusted that their own government wasn't spying on them they didn't feel a lot of need to secure their personal effects from unreasonable searches, but now they do. Welcome to the world of your own creation fuckers. It's only going to get worse for you.

  149. I, for one, agree. by Anonymous Coward · · Score: 0

    In this age we live, we simply cannot repeat Ben's words about trading Liberty for Safety. The risks now are huge. One or two men can cause a lot of damage. (remember that guy in Norway?)

    That said, transparency is nice because things are visible both ways. If you're doing surveillance, you must force yourself to show all your actions and decisions openly. A lot of aggressions would not be possible if that would be made to happen.

    Yes, aggressions. Modern government actions rely on flimsy concepts like its ability to disregard law and its principles when dealing with non-nationals. This is unbearable and many dictators were condemned in the past for doing exactly that. But weapons' people these days go like "what good is a weapon if it is not used?". They look like kids making pew-pew noises. The only difference is that the video game is not virtual reality, it's "real reality".

    Black boxes cannot be tolerated? OK, I'm all for it, I need something taking care that attacks be avoided.

    For the same reason, sorry, but I also cannot tolerate black boxes, too.

    iOS, closed source? No can do.

    Android modules with secret functions? Not cool...

    Unable to update and close vulnerabilities? No fscking way!

    Being forced to trade up my phone because I can't upgrade? Yeah, right, very funny... NOT!

    Transparency works both ways.

    I'm beginning to think RMS may be right...

  150. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    No. It's the equivalent of having very good unpick able locks on your house.

    Imagine this scenario instead. There is a company that has made an impenetrable safe. Or near enough. The force required to breach the safe forcibly would also destroy the contents. But in all other aspects there is no way of opening without the willing support of its owner.

    Now and owner of one of these safes committed a crime and the prosecutor believes he stored incriminating evidence in this safe, but he was shot and killed during his arrest and the safe cannot be opened.

    Can the government compel the manufacturer of the safe to help them crack it? If the manufacturer insists it's impossible and they can't do so should the government mandate that the manufacturer create all future safes with a backdoor key just incase the government wants into one?

  151. Re:Why is everybody drawing a line at their phones by buck-yar · · Score: 1

    This is why I don't understand the fuss about Apple giving a backdoor to the NSA. Any data you send out has only some probability of being secure. Most of what people are complaining about (NSA vacuuming up all data) is data people are sending plaintext over the internet.

    If the govt accesses your data, that's your fault for not making it secure enough. Or trusting insecure implementations as secure.

  152. Obama spills the beans: He's afraid of the Swiss by Anonymous Coward · · Score: 0

    To quote Obama: "The question we now have to ask is, if technologically it is possible to make an impenetrable device or system, where the encryption is so strong there's no key, there's no door at all, then how do we apprehend the child pornographer? How do we solve or disrupt a terrorist plot?" Obama said. "If in fact you can't crack that at all, government can't get in, then everybody's walking around with a Swiss bank account in their pocket."

    Note the "everybody. The number of kiddie porn addicts and terrorists may be vanishingly small but tax evaders? That's a real army.

  153. DMCA violation by technosattva · · Score: 0

    Who can remember - questions about such under - the DMCA ? https://www.eff.org/is-it-ille...

  154. Logical Failure by technosattva · · Score: 0

    Logical failure - How can there be a back door - only they can use ?

    If there's a way in - It becomes a target too - that's just how it works.

    What about countries - like allies or enemies - or organized crime ?

    It is a feature - Failure is not an option. - Is it disaster ?

  155. Wasn't Snowden supposed to be one of the Good Guys by D4C5CE · · Score: 1
    (who are supposed to get access), at the time he did get access?

    As for "compromise" vs mathematics, the old German adage applies:

    On partings steep and trouble-bound
    doom tends to loom on "middle ground".

  156. Re:Why is everybody drawing a line at their phones by jittles · · Score: 1

    Why is the phone a "do not cross" line? This is the one that is making people here on Slashdot compare the government to nazis? All this time we've been living in the world where the government can get a legal warrant to enter your house, look through your things, take pretty much anything they deem suspicious, get into your car, your workplace... This happens every single day.

    But, unlocking your phone and looking at your data is a whole another level of intrusion that causes extreme amounts of anger and comparisons to one of the worst government regimes ever?

    I don't get this. I mean, I don't see anybody protesting that if I lock my house, government can't come in, even with a warrant, and my house and its contents are way more private to me than my phone.

    Could somebody please elaborate on why the phone is a special case here?

    If the government wants the contents of your phone, they're free to encrypt it. If I encrypt every single document in my home what is to force me to unencrypt the data for the government? Nothing. They can crack the code themselves if it is that important to them. That is the key difference. This is the government telling the world that they must have every single safe combination to every single safe in the world - whether it is sold on US soil or not. And the claim that the phone is some blackbox that cannot be penetrated is disingenuous in the extreme. The NSA already monitors, illegally, every single bit that goes into and out of that phone. You can't do anything useful on a phone without network connectivity. Sure you could take pictures and write yourself notes but you cannot communicate those notes or pictures without allowing syncing the items off of the phone or by using a network connection. So what value is the information that is on the phone but has not already been spied upon by the US Government? It is of very little value, in most cases.

  157. Re:Why is everybody drawing a line at their phones by MacDork · · Score: 1

    I don't see anybody protesting that if I lock my house, government can't come in, even with a warrant

    That's not an accurate analogy. It would be more accurate to say the government wants a copy of the key to your house. Not only that, but they're not responsible for what happens to your stuff and your family if that key is stolen, copied from them, or misused by someone working for them. They also plan to use it, in secret, without your knowledge. A government agent will be in your house planting cameras and microphones, using the key you provided.

    Still okay with that?

  158. Homes, search by Anonymous Coward · · Score: 0

    Is your home also a black box? Constitution and laws are about modifying and limiting the behaviour of people, with the people choosing to act accordingly by "free will" for the "common good", even when there is an easy way of doing the other thing. Government is made of those people as much are the citizens. This is not physics and many laws are not based on mathematical observations of the reality yet. Perhaps constitutions should be analyzed with game theory and other tools as well, so that we can salute our robotically optimal overlords when the time is right.

  159. Re:"then how do we apprehend the child pornographe by mileshigh · · Score: 1

    Or maybe the other old-fashioned way: people talk.

    But, finding and getting witnesses to talk takes old-fashioned police work. Often lots of it. You can't can't blame the cops for wanting to automate their work like the rest of the data-driven corporate world: push a button, out comes a bad guy handcuffed & ready to prosecute.

    That then brings us back to the real discussion we should be having: how powerful do we want the cops and the state to be? Many people will say that everybody should obey all laws at all times, and that law enforcement should be powerful enough to make that stick. Imagine police that sees everything and has automated capabilities to analyze and prosecute every little thing. Toss a chewing gum wrapper on the ground? A drone spots it, ticket via e-mail, the fine automatically deducted from your bank account -- all before the wrapper even hits the pavement. Serves 'em right, you say? Everybody'd have to give up on even thinking about breaking the law. Sound good (aside from the free will thing)?

    Problem is that the design of laws themselves are inherently limited by what can and can't be reasonably enforced. In other words, laws are (mostly) tailored to what the authorities can enforce. Give the police more power and the gov't will make more & more laws to take advantage of those new capabilities, often at the behest of special interests. Kissing in public? Late for work? Chewing gum on the street? Mismatched socks?

    "Give a child a hammer and he will find a nail to hit."

  160. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    Why is the phone a "do not cross" line? This is the one that is making people here on Slashdot compare the government to nazis? All this time we've been living in the world where the government can get a legal warrant to enter your house, look through your things, take pretty much anything they deem suspicious, get into your car, your workplace... This happens every single day.

    Phones are not a special case; what the FBI is asking for in contrast to what you said was: please give us your spare front door keys so if we need to conduct investigation(s), we can just enter without going to the effort of breaking down that door and waking the neighbors in the process.

  161. Re:Why is everybody drawing a line at their phones by bidule · · Score: 1

    Legal warrant.

    The Governement cheated us out of it. You believe it's only to protect us from terrorists and those who think too much of the children? Heck, the 5 eyes are engaged in industrial espionage for corporate interests. Our phones have nothing of value, our wealth is in those corporations whose phones will be hacked by the Governement and sold to competitors.

    They took the illegal road to spy on us and profit from our indulgence, we'll take the legal road to make that impossible.

    --
    ID: the nose did not occur naturally, how would we wear glasses otherwise? (apologies to Voltaire)
  162. Why do they never think... by Anonymous Coward · · Score: 0

    of the other half of the equation. If they want all of the citizens phones to have backdoors so they can read them at will, all of the government's phones will also contain said backdoors meaning anyone can hack in and ready them at will also. They get so caught up in the data power trip that they forget they will expose their own data as well. As someone said above, this isn't a balancing act. It's an either or. If access exists on any level, for anyone, it can be found and forced by anyone. Period. Security is one of those rare truly either or issues.

  163. A warning to the judge... by Anonymous Coward · · Score: 0

    This statement is a warning to the Magistrate Judge hearing the case. If you side with Apple, the executive won't appoint you to the Bench as a full District Court Judge. While Obama will probably not be the executive by that time, I believe all of the presidential candidates have sided with law enforcement at this point.

    Look, Law enforcement is great when it's trustworthy, and the FBI, on average, is more trustworthy than a lot of the other agencies. But so long as the United States has what amount to secret police lying to Congress and the Courts and the People and passing spy information along to real law enforcement agencies like the FBI, the DEA, and police, nobody should trust it to only look in an iPhone when it has a publicly obtained warrant.

  164. If he wants to make black boxes transparent... by bentnail · · Score: 1

    Start with Fisa court (where everything is secret)
    Then move onto National Security Letters (which do not allow recipient to disclose them).
    Then move onto how we will be a nation of Stem babies while not teaching math which is the heart of encryption.
    And his plans to outlaw math throughout the world in case someone wants to keep their written thoughts and ideas to themselves.

    And let's discuss the government's semi-secret idea to eliminate cash, gold transactions (even though this is in constitution), and their distrust of digital currency because everything needs to be taxed and controlled as he alluded to in this speech.
    And then he can move onto further regulating guns because we know criminals who would use them will always check in with their federal friends before purchasing one.

    It is all very easy to fix as soon as he opens his mouth or signs some new piece of drivel. Trust him, it will be used for your own good.

    If powerful humans use their raw power in government to deny our basic rights to purchase goods, use math, defend ourselves then it will be up to the AI's to TAKE the power from them. That day will be put off a lot longer if our government stops building fences around natural laws.
    Our constitution is based on natural law. Unfortunately every branch of government decided to ignore the constitution in the past decades and it will bite us.

  165. Desolder the chips and do brute force decryption by Anonymous Coward · · Score: 0

    The argument that is being put forth is that without disassembling the device, they should ber able to see all data. They want to be able to snoop over cellular or wifi and certainly while USB connected a phone. The reality is if they have the device and remove the flash chips or even just probe the PCB, they have full access to every byte on the flash roms. Decryption of that should be pretty easy because there is huge amounts of known data structures for file system and operating system files that should aid in the cracking. This is just a ploy to allow over the air snooping. Obama has caved to TPP and now NSA spying... wow

  166. Personal privacy trumps national security by Anonymous Coward · · Score: 0

    Phones and computers must be black boxes or they are useless.

  167. The phone is just a small part. by Rhyas · · Score: 1

    The phone is just a small part of the puzzle for an investigation. You can't blow something up with *only* a phone. You have to move around, communicate across public networks, and physically acquire elements. Sure, having the data on a phone with documented communications might be handy, but it's not strictly necessary for any investigation of physical activity. Saying it is, is just being lazy.

  168. The fallacy here... by Lodragandraoidh · · Score: 1

    The fallacy of President Obama's statement can be easily shown by replacing the 'device' with the human brain:

    "If, the human brain is an impenetrable device where there is no key, no door at all, how do we apprehend the child pornographer, how do we disrupt a terrorist plot?" He cited the fact that law enforcement can get a warrant to search your room, "rifle through your underwear," if you are suspected of terrorism, and yet your brain is somehow off limits.

    In that case, shouldn't the government also be forcing technology companies to use their resources immediately to build devices that can bypass the encryption inherent in the human brain? If we had perfect monitoring of everyone's thoughts, wouldn't it be a wonderful world? No independent thought to challenge the status quo. No radical ideas would flourish. No change would be allowed.

    Finally - this also illustrates a substantial problem with this from a congressional standpoint as well: if Apple is expected to create back doors within their systems, then everyone who writes software will have to be held to the same standards. The problem with this is that anyone can write software - from firmware, the OS, up to applications running on such a system. So effectively you would have an unenforceable law on the books because there is no way to effectively police this.

    Essentially you would have a large set of innocent people who follow the law, you may catch a few stupid criminals who don't realize there are back doors in commercial systems, and you would still be left having to use more traditional police techniques to catch the remainder - just as you do today. The only thing you would have really accomplished is exposing the vast majority of innocent people to exposure when the back doors are cracked by criminal organizations using their own software which doesn't have those back doors.

    --

    Lodragan Draoidh
    The more you explain it, the more I don't understand it. - Mark Twain
    1. Re:The fallacy here... by Anonymous Coward · · Score: 0

      The fallacy of President Obama's statement can be easily shown by replacing the 'device' with the human brain:

      "If, the human brain is an impenetrable device where there is no key, no door at all, how do we apprehend the child pornographer, how do we disrupt a terrorist plot?" He cited the fact that law enforcement can get a warrant to search your room, "rifle through your underwear," if you are suspected of terrorism, and yet your brain is somehow off limits.

      In that case, shouldn't the government also be forcing technology companies to use their resources immediately to build devices that can bypass the encryption inherent in the human brain?

      Sorry to burst your bubble but that's what the infatuation of Law Enforcement with torture (and Obama's "we won't charge or prosecute the heroes and patriots who commit it or pull them off their job or write them up" condonement) is about.

      Room 101 in "1984" I think.

    2. Re:The fallacy here... by Lodragandraoidh · · Score: 1

      Yes, 1984 was what I was going for there.

      Law enforcement has got to accept that while technology has made some aspects of police work more efficient, we the people cannot accept general exposure to any outside parties of our finances, personal thoughts and ideas, or any other 'intellectual property' be it in our computers or in our brains - just to allow law enforcement to have push button investigation power.

      As others have also pointed out, government is not also willing to allow its systems to be thus exposed. Quid pro quo. Having general exposure of a person's personal life is no less deserving of protection than that of the government - and I would argue it is more so because the random exposure and possible destruction of any single life through misuse of these powers can never outweigh the good that can be found in exposure of government corruption. This is why non-classified government documents are in the public domain, and classified documents have declassification schedules and the Freedom of Information Act to provide a process for requesting those. Government is for the people - not the other way around.

      At the end of the day this whole discussion centers around something that is impractical to fix. If tech companies start building back doors in their systems - people with half a brain will find other means of securing their intellectual property and communications. Law enforcement will find itself back in the same place they are today - with one exception: billions of people around the world using the software of these companies will now be subject to abuses - either through criminal organizations compromising those systems via those back doors, or the misuse of those back doors by government entities without legal authority to do so.

      --

      Lodragan Draoidh
      The more you explain it, the more I don't understand it. - Mark Twain
  169. Re:Obama spills the beans: He's afraid of the Swis by Anonymous Coward · · Score: 0

    > The number of kiddie porn addicts and terrorists may be vanishingly small but tax evaders?

    And it would be dismaying to say we're not worried about that. Everybody seems to be worried that the government might be after tax evaders because the government doesn't wants the tax money.

    But why? That should be wrong, because tax money is like the maintenance fee/service charge one pays in a condo. No taxes, no schools, roads, etc.

    Of course, people wanting not to pay it means that everyone is p*ssed off that the government does not spend transparently. Or that the process of negotiating the money use is not going well...

    DISCLAIMER: I work in the tax area myself.

  170. Re:Obama spills the beans: He's afraid of the Swis by Anonymous Coward · · Score: 0

    > Everybody seems to be worried that the government might be after tax evaders because the government doesn't wants the tax money.

    Everybody seems to be worried that the government might be after tax evaders because the government doesn't want to lose the tax money.

    Also, I don't work for the USA government.

    Maybe I should sleep...

  171. Re:Why is everybody drawing a line at their phones by shutdown+-p+now · · Score: 1

    And yet it is perfectly legal to protect your belongings in this way.

    But this isn't actually what is at stake in this case. Again, the case is not about whether the government can legally access the phone - they can, of course, since they have a valid warrant. The question is whether they can compel Apple - who is not a defendant in this case - to perform the work necessary to let them have access. If it flies, it would establish a very bad precedent that anyone who can reasonably be of assistance to law enforcement can be similarly compelled.

  172. "black box"? by haedus · · Score: 1

    A black box is inside of aircraft to record everything in the event the plane goes down and nobody is left to tell the story of why it failed. So... Yes, every phone should not be a little black box, capable of recording all information for later retrieval if so desired? For all the powers of the powers that be when it comes to surveilling the public, it almost seems like, not having such powers would lessen the chance of all the crap they worry about anyway... Anyway, point was, choice of words was funny. "black box". I agree.

  173. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    So, on the one side of the line is pencil and paper and math done in your head and one time pad keys written on magicians pre-soaked with accelerant paper for easiest quick destruction. Then you have the mobile phone. Please enlighten me as to what is on the other side of the line? What technologies has the government outlawed the production of in a similar manner? Nuclear Weapons? Hand Grenades? I love the fact that your attention is focused on threshold lines, I just think you are looking at the situation rather naively.

    Maybe I am, because I don't understand what you're trying to say.

    I find it difficult to believe you, given what you then said about not understanding what makes the mobile phone special.

    I don't know what's on the "other side of the line", the line seems to have been crossed

    Here you at least were wise enough to use the word 'seems'. There is in fact a highly contentious political issue here, one which I can't possibly imagine doesn't involve sizable sums of money and resources dedicated to confusing a large number of the voting public. Things are not always as they seem, or as other people are trying to make them seem to you.

    by the government wanting to see what's on a phone after getting a warrant to do so.

    See, that's not the heavyweight controversy here. The heavyweight controversy is about the criminalizing of an entire class of products, i.e. any computing device as completely under the users control as data written on magician's pre-soaked with accelerant paper, or a polaroid camera belonging to someone who owns their own fireplace.

    There are lines being drawn and danced around and tested left and right. What made this news (to me) was not that Obama appeared to side with the FBI vs Apple here, but that Obama appeared to side with the archaic losing side in the clipper-chip debate. Look it up on wikipedia.

    My argument is that they can already get much more private information about me by breaking into my house, car, etc., and nobody is up in arms about it. I think that's exactly what Obama is talking about

    No, Obama isn't that stupid. Obama knows its about the clipper chip debate. Obama took the 'think of the children' establishment stance.

    -- we've lived for a long time in this balance of mostly having privacy, except when a warrant says otherwise, and it's generally been ok with the vast majority of the people. However, the *phone* is something that absolutely must be off limits to the government? I don't understand why is the phone so special.

    Yes you do. You really do. You even know why Obama used the word 'fetish'. It's code. Not a hard to break code...

    What technologies has the government outlawed the production of in a similar manner?

    Are they about to outlaw encryption?

    Seems unlikely we'll see the clipper chip debate swing the other way any day soon, but who knows, bad shit happens, and when it does people look for someone to blame. Obama just told people not to blame him when it happens. Problem is, there is other real bad shit that can happen too. Trump confuses me.

  174. OK Prez: Open JFK and UFO files first. by Anonymous Coward · · Score: 0

    Let's make a deal. Open JFK and UFO fires first.

  175. This President has been the biggest disappointment by ToddInSF · · Score: 1

    Which isn't to say despite that fat he's still 10 x's better than the last two Republicans.

    The system itself is defective, and the people who are voting are, for the most part, stupid assholes that deserve what's elected.

    I'm voting Trump because I hate America.

  176. Dear Mr. Prez by Anonymous Coward · · Score: 0

    Dear Mr. Pez

    You stated I think does not strike the kind of balance we have lived with for 200, 300 years, Please explain were this so called balance has been in the last say 20 years? In the last 20 years THERE HAS BEEN NO BALANCE IN POWER. So a company has tried to do something to help balance that power by adding privacy controls on a personal device and you cry and bitch when the truth is you could crack the phone. Its like this Mr Prez not all of the citizens here are as stupid as you think. Some of even know more about this industry and data than your traitor lackeys you have working for you. We know you are full of shit.

    First we understand that data in not kept on the phone but on a server and you have already gotten that data.

    Second it is known your stupid techs fucked up the reset of the password and THAT IS THE REAL REASON YOU CAN"T UNLOCK THE PHONE. So you want to cripple all security because your techs were too stupid to do a password rest. Even that sounds of bull shit.

    The real reason for this is to give you the ability to control my life. My life is not yours.

    You sir and your lackeys are the only terrorist I live in fear of. Want to stop terrorist then put your own ass in Gitmo and the world will be a better place. A six foot cage would be just right for you.

  177. Past phone calls are inaccesible to government by Anonymous Coward · · Score: 0

    It has been the norm. Without unlimited capability to record all that information that went through a traditional phone is lost. What they want is the numbers called to. Cell phones are an agenda black box, people no longer (?) write down phone numbers in an agenda notebook! (Do they?). What **government** might want can be found other ways rather than breaking bricks.

  178. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    However, we are talking about the situation where you've been arrested and the government has a warrant to search your stuff.

    A warrant to search is in no way conditional upon an arrest.

    Many invalid search warrants have been issued over the years. Read through the case law to see examples. The legal profession generally looks out for it's own, and doesn't penalize the idiots responsible for this.

    For that matter, there are huge number of illegal laws in the USA, and there always have been. Everybody with a functioning brain knew that slavery was inconsistent with the principle of a nation founded to protect the rights of man (to paraphrase the speech by Morris at the Constitutional Convention). Similarly, everybody with a functioning brain knew the Jim Crow laws violated the Bill of Rights.

    Even today, very few legal codes (federal, state, or local) in the USA will survive scrutiny from the perspective of the right to ethical practice of law (arising under the 9th Amendment). There are legal ethics problems in tort law, in contract law, in patent/copyright/trademark law, even in property law! The legal system is a huge mess.

    Given this, the ability of the government to do inappropriate things while enforcing illegal laws has become increasingly scary, and people are starting to realize this is a problem. A line has to be drawn somewhere. Hopefully, this will be just the first step in a massive and long overdue reform of law in the USA.

    Why is the phone a "do not cross" line? This is the one that is making people here on Slashdot compare the government to nazis? All this time we've been living in the world where the government can get a legal warrant to enter your house, look through your things, take pretty much anything they deem suspicious, get into your car, your workplace... This happens every single day.

    Think of it this way: does the government have the right to require that a key to your house be taped to the bottom of the mailbox, where ordinary people won't notice it, but criminals have easy access to the key?

    That's what we're really talking about here: once the government has the ability to break into people's phone's at will, then that ability will inevitably be stolen (or bought) by foreign hackers, organized crime, or foreign powers. There is a long history of top secret information getting out, and this will be no different.

  179. Chicken in every pot,black box in every pocket by RobertArvanitis · · Score: 1

    A black box Swiss bank account in every pocket? Hell yes! Someone email Obama the Heinlein story "Weapons Shops of Isher." https://en.wikipedia.org/wiki/... We have the right to resist. Disagree? Too bad, we still resist.

    1. Re:Chicken in every pot,black box in every pocket by Mike+Van+Pelt · · Score: 1

      You misspelled Van Vogt. Otherwise... yeah.

  180. Re:Why is everybody drawing a line at their phones by Anonymous Coward · · Score: 0

    I'm not sure that you understand what a (targeted) warrant is, nor why that is the point and phones aren't. Maybe you should brush up on US
    history, and the law being cited in the case that Obama is indirectly referring to.

  181. Black Boxes protect freedom from Black Ops by Anonymous Coward · · Score: 0

    When the government is 100% transparent -- when there are no "State Secrets", no "Black Ops", no militarized police state, no secretly negotiated trade agreements -- then the citizens will no longer need black boxes to protect themselves and their freedom from the abuses of a tyrannical, fascist government and the corporate welfare state.

  182. citation needed by Ionized · · Score: 1

    at a time whern hundreds of millions of them want to destroy the west

    citation needed. or are you just talking out of your ass, dicknose?

  183. they already have that... by Ionized · · Score: 1

    any criminals that care about it at all, ALREADY HAVE completely secure data & communications.

    ever heard of PGP? full-disk encryption?

    no, this is all about gaining access to the low hanging fruit. which in the vast majority of cases means joe taxpayer.

    1. Re:they already have that... by Jack+Griffin · · Score: 1

      any criminals that care about it at all, ALREADY HAVE completely secure data & communications.

      No true Scotsman?

      ever heard of PGP? full-disk encryption?

      no, this is all about gaining access to the low hanging fruit. which in the vast majority of cases means joe taxpayer.

      PGP and FDE were available in 9/11 but not common or easy enough for that level of criminal. Yet only 15 years later kids and grandmothers get FDE by default now.
      It would be dishonest to imply that there isn't a trend there. And that trend will continue to have implications. I'd still like to hear what approaches anyone thinks can be done to address this new threat.

  184. Re:Why is everybody drawing a line at their phones by david_thornley · · Score: 1

    I'm calling the phone a "do not cross" line because I've usually got it on me. If the police want to look inside my house, they need to get a warrant, since it's pretty obvious what they're doing. If they want to search my phone, they can arrest me and confiscate it for at least a short time, then release me and keep any information they can get from it. I'm willing to go along with the warrants as required by the Fourth Amendment, but I don't trust law enforcement agencies to stick to the law on a day-to-day basis.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  185. Not Impressed by Anonymous Coward · · Score: 0

    I'm not one to bash the current President. Seriously. But we need to talk here.

    Just why does the President think that there is concerted pushback from the tech industry on this matter? Where did the resentment, distrust, and lack of respect for the current process come from? Hint: It didn't come from industry. They were among your biggest boosters.

    No, the security establishment, with a great big "I'm Cool With What They Do" from the President, pushed and abused their authority. For 15 straight years. Yes, this means that another President from the other party was part of this. Doesn't matter. You're the boss now.

    Mr. President, you have failed to generate enough conversation and engagement to give yourself the political support needed to do these things. And you need that support. Over and above the mere words of ordinary legislation, there is the Constitution. A lot of us think you've been a rotten boyfriend to a great lady on that score. And you've permitted the distracting low level needs of the Three Letter Agencies to get their way. Every. Single. Time.

    So screw privacy. To hell with civil rights. That's so Twentieth Century, and the Internet, and terr'ists, and on and on. Right? None of our principles matter, right? After all we're saving widows and orphans here, right?

    To quote some anonymous citizen I heard on TV, "give them the data. We're talking about people's lives here!"

    Except... what about my life? Why doesn't my life matter? Who is speaking for the rights of innocent civilians, to live without Big Brother checking up on us? Why do we have to put up with intrusive government surveillance? Even if we don't know about it, that's wrong. And when did wrong become right?

  186. I'll Bite by Anonymous Coward · · Score: 0

    Here's why the phone is a "do not cross" line. Feel free to add to the list as appropriate:

    1). Dick and tittie pix. I'm serious now, these tell us something important. Why are nude pictures and sexting so common? They are common because the owner thinks of the phone as a private space, one they can control. Do you think people would take intimate selfies if they thought that analysts from (name your Agency, there are lots) could see them, print them, and rank them by naughtiness? No, the image of security analysts going through such personal and directed content would stop most people from doing these things with their phones;

    2). Interior life. Access to a phone, particularly a smartphone, is like being able to read the owner's mind. It's not like searching a house at all. It's far more like reading your diary. That's why reading someone's diary, without permission, is so violating. Those are meant to be private thoughts and strangers violating that space, are going to experience a torrent of abuse for doing so. Which, no surprise, is exactly why the FBI, CIA, NSA and everyone else wants that access. They want to be able to read your mind and will take unlimited access to your smartphone as a reasonable proxy for mindreading;

    3). Discipline and boundaries. Many people say, "oh everyone knows the phone isn't private", or "it's a work phone, I only use it for business." Really? Do you wish to speak for everyone on this matter? Are you sure you never say or do anything that isn't revealing or, dare I say it, somewhat inappropriate? If only the wrong person were to see it? Very few people have the discipline and boundaries to be able to keep their work and private lives completely separate. Mere awareness of the mandate of a work phone to be used for business does not enforce that it will only be used for such. In fact I'll bet that 99.9% of all work phones are occasionally used for personal matters. And most employers are aware of this and it only rarely causes problems.

    4). Self interest, by the FBI. Now we can't imagine that the FBI might be trying to expand their powers and authority, can we? In order to increase their funding? Make their lives easier? Take advantage of a tragedy and make a grab for the brass ring of surveillance, the information appliance that has transformed daily life for average citizens? Nah!

    5). Potential for mass surveillance. Searching your house is a labor intensive job and difficult to do without the owner's knowledge. As a result house searches are only done when there's a darn good reason. Searching your phone, once the master keys have been created and are controlled by the Three Letter Agencies, well that's a whole different creature. It is now conceivable that mass searches, without the owners' knowledge, can be performed. Yes it seems like a stretch now but remote mass searches, conducted via the cell network itself become plausible. Just imagine, a child has been kidnapped, very sad and frightening. Why, just search a million phones in the geographic area and maybe you'll get lucky. We don't like child molesters and every conceivable means must be used to catch them, right? Right?!

  187. I was a sucker too by zerofoo · · Score: 1

    I believed all the BS - transparent government, fix healthcare, reasonable restrictions on guns, privacy rights.

    The Obama administration has been terrible for freedom and liberty. At every turn, the Obama administration has traded freedoms for, well frankly - not much.

    We are forced to buy healthcare insurance - but the system is as broken as it's ever been.

    The redacted documents released from this administration have been almost laughable with almost entire documents blacked out.

    Guns - don't even get me started. Minorities appear to be more threatened by law-enforcement held guns than personally owned firearms.

    Now we are expected to believe that if we just give up our right to privacy via strong encryption - we will be secure - because the FBI says so.

    Sorry - I don't believe that for a minute.

  188. Obama is tone deaf on almost everything by zerofoo · · Score: 1

    Give me one topic where he actually empathizes with us, the unwashed masses?

    Encryption - the people can't be trusted.
    Guns - the people can't be trusted.
    Drugs - the people can't be trusted.
    Encryption - the people can't be trusted.
    Healthcare - the people can't be trusted.

    This guy thinks he knows better than all of us - that we are too stupid to perform risk/benefit analysis in our daily lives.

    This administration can't end soon enough.

  189. He's black Nixon. by choke · · Score: 1

    Everything Nixon dreamed he could be - demagogue, paranoid, secretive and invested in impinging on civil rights for the greater good.

    --
    "No good deed goes unpunished"