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Tim Cook Talks About Encryption, Right to Privacy, Public Safety, and DOJ (time.com)

TIME reporters sat down with Apple CEO, Tim Cook, to talk about encryption, public safety, and right to privacy among other subjects. The wide-ranging interview captures Cook's discomfort with how his company has been treated by the Department of Justice. Following are some interesting excerpts from the interview: The thing that is different to me about Messages versus your banking institution is, the part of you doing business with the bank, they need to record what you deposited, what your withdrawals are, what your checks that have cleared. So they need all of this information. That content they need to possess, because they report it back to you. That's the business they're in. Take the message. My business is not reading your messages. I don't have a business doing that. And it's against my values to do that. I don't want to read your private stuff. So I'm just the guy toting your mail over. That's what I'm doing. So if I'm expected to keep your messages, and everybody else's, then there should be a law that says, you need to keep all of these. [...] Law enforcement should not be whining about iPhones; it should be rolling around in all the other free information that criminals and terrorists are spewing through social networks and Nest thermostats, surveillance cameras and Hello Barbies. [...] Going dark -- this is a crock. No one's going dark.

135 comments

  1. Re:In this article: by Anonymous Coward · · Score: 0

    He understands them much better than you and 99% of the people on this site, that's for sure.

  2. He makes a good point by LichtSpektren · · Score: 4, Insightful

    The DOJ obsessing over the locked phone of a dead shooter in the guise of protecting America, while being totally silent about the insane privacy violations of Windows 10, seems rather hypocritical.

    1. Re:He makes a good point by Anonymous Coward · · Score: 1

      The DOJ obsessing over the locked phone of a dead shooter in the guise of protecting America, while being totally silent about the insane privacy violations of Windows 10, seems rather hypocritical.

      What you see as hypocritical, they see as strategic.

    2. Re:He makes a good point by Anonymous Coward · · Score: 0

      It's the FTC's job to be worried about Windows 10 privacy, not the DoJ. DoJ only gets involved when MS refuses to comply with FTC.

      While the DoJ is after Apple they might as well also ask for legislation that requires all US citizens and Visa holders to register on a selection of social networks and post all their purchases from hardware stores and pharmacies.

      People who AREN'T really are going dark... especially if they pay cash. Or bitcoin... I hear that's totally untraceable!

    3. Re:He makes a good point by McLae · · Score: 1
      SO, here is a conspiracy theory:

      DOJ is behind the Win 10 free upgrades, because MS has all the back doors the DOJ has requested. The more Win 10 deploys, the more data the DOJ has access to.

      Removing the tin foil hat......

    4. Re:He makes a good point by NatasRevol · · Score: 4, Informative

      You should see what they did to Lavabit under the guise of security.

      Holy fucking shit.

      https://twitter.com/JZdziarski

      They were literally denied their 4th Amendment rights by a FUCKING FEDERAL JUDGE.

      --
      There are two types of people in the world: Those who crave closure
    5. Re:He makes a good point by Anonymous Coward · · Score: 0

      Did they ever lose access to Windows backdoors?

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

    6. Re:He makes a good point by kheldan · · Score: 4, Insightful

      What you see as hypocritical, they see as strategic.

      I'd like to point out, for the benefit of those who somehow haven't already got the memo, that there are 'law enforcement' types all over the place, who would like nothing better than to return to the 'good old days' of being able to drag a 'suspect' into a room, and beat them senseless, repeatedly if necessary, until they sign a pre-written 'confession' of their 'crimes' -- then railroad them through the court system, and into prison. That's the sort of mentality we're dealing with here, even if (on the surface) they seem more sophisticated about it. Law enforcement at all levels tends to attract control-freak types who in their heart of hearts believe they're above the law they're supposedly enforcing, and should be allowed to do whatever they want in pursuit of that so-called 'enforcement', and that peoples' 'rights' should be more like a 'privilege' that they can revoke whenever they feel like it.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    7. Re:He makes a good point by Anonymous Coward · · Score: 0

      If the above confuses you, just watch an episode of 24 and you'll get it.

    8. Re:He makes a good point by kheldan · · Score: 1

      At least Jack Bauer was actually trying to save people's lives and prevent actual terrorism from happening, not just grabbing power.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    9. Re:He makes a good point by vtcodger · · Score: 1

      "there are 'law enforcement' types all over the place, who would like nothing better than to return to the 'good old days' of being able to drag a 'suspect' into a room, and beat them senseless, repeatedly if necessary, until they sign a pre-written 'confession' of their 'crimes' ..."

      I've been wondering what the FBI did back to solve crimes back before they could hack cell phones. Thanks for reminding me.

      --
      You can't see ANYTHING from a car, You've got to get out of the goddamned contraption and walk...Edward Abbey
    10. Re:He makes a good point by thegarbz · · Score: 1

      Yep collecting user data as spelled out in the EULA is worthy of the FBI / DOJ getting involved.

      Or not.

    11. Re:He makes a good point by gweihir · · Score: 1

      The DoJ caring about "privacy" of citizens? In what world do you live?

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    12. Re:He makes a good point by SeaFox · · Score: 3, Insightful

      At least Jack Bauer was actually trying to save people's lives and prevent actual terrorism from happening, not just grabbing power.

      You're kinda missing the point. That what all bad cop types think they are doing.

      The justice system, and the courts in particular, exist because sometimes the person really is innocent.
      Jack Bauer is sure he knows how the real criminal is and (I'm assuming) is right. But there are lots of other types that are simply wrong. That person they are sure is a terrorist/pedophile/killer/etc is not the man they want. Rights and trial-by-your-peers exist so people are not held accountable for crime they didn't commit by some manic with a badge who thinks red tape only exists to make his job harder. No, it's to make sure he does his job right and his procedure itself doesn't become a form of punishment.

    13. Re:He makes a good point by Man+On+Pink+Corner · · Score: 1

      I've been wondering what the FBI did back to solve crimes back before they could hack cell phones. Thanks for reminding me.

      The FBI has a long and storied history of taking the low road. Just one example of many:

      When the Rev. Dr. Martin Luther King Jr. received this letter, nearly 50 years ago, he quietly informed friends that someone wanted him to kill himself -- and he thought he knew who that someone was. Despite its half-baked prose, self-conscious amateurism and other attempts at misdirection, King was certain the letter had come from the F.B.I. Its infamous director, J. Edgar Hoover, made no secret of his desire to see King discredited. A little more than a decade later, Senator Frank Church's committee on intelligence overreach confirmed King's suspicion.

      Agencies like the FBI and NSA are always happy to talk to the press about "trust," "safety," and "security," but they clam up in a hurry when the topic of conversation turns to "accountability."

    14. Re:He makes a good point by Anonymous Coward · · Score: 0

      I don't think that's a conspiracy theory, it's just pure logic at this point. The Windows user isn't Microsoft's customer anymore. Microsoft's new customers are law enforcement and advertising agencies, and the end user is what's being sold.

    15. Re:He makes a good point by kheldan · · Score: 1

      No, I actually do get the point. If I didn't then why would I have said what I said in the first place? If things were better in the real world then we wouldn't have as many young black men being shot down in the streets for, apparently, just being young black men. Comparatively speaking, a fictional character like Jack Bauer is closer to the ideal than reality.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    16. Re:He makes a good point by Anonymous Coward · · Score: 0

      "accountability"??

      What are you, some kind of pinko Communist?

      Besides, the Three Letter Agencies are accountable. Via Congressional committees who lob softball questions to slippery TLA executives. And get lies in response.

      Also there are the laws that the TLAs had altered to meet their efficiency, convenience and secrecy objectives. Privacy was given all due respect by taking it out behind the barn and beating it with a $5 wrench until it stopped making sobbing noises.

    17. Re:He makes a good point by Culture20 · · Score: 1

      I've been wondering what the FBI did back to solve crimes back before they could hack cell phones. Thanks for reminding me.

      Back then, they had to keep some of the suspects alive for questioning.

    18. Re: He makes a good point by valdezjuan · · Score: 1

      Only because the episodes showing the slow erosion of individual rights couldn't get past the test viewers. All of them said that part was too boring and didn't have enough shooting/explosions. ;-}

    19. Re:He makes a good point by Darinbob · · Score: 1

      We act like fools for awhile and then when we lull them into a false sense of security we strike!

    20. Re:He makes a good point by SeaFox · · Score: 1

      If things were better in the real world then we wouldn't have as many young black men being shot down in the streets for, apparently, just being young black men. Comparatively speaking, a fictional character like Jack Bauer is closer to the ideal than reality.

      You don't know the real motivations of those cops gunning down those African Americans, you're just assuming there's some racist reason behind it. They may be under the (false) idea they they really are "getting the bad guys". Like I said, to the "bad cop" he knows who the perp is. He knows. If only he wasn't being stopped by his gumshoe partner and the Chief, he could get that scumbag and make lives a little easier for the good people of this city.

      Jack Bauer is just the bad cop who happens (for plot reasons) to not be wrong, and he has a bunch of comrades on the force who let him do what he does. Rarely does that ever come out the same way in real life. The real Jack Bower would have lost his jobs years ago thanks to an Internal Affairs investigation or lawsuits from him harassing the wrong people.

    21. Re:He makes a good point by Anonymous Coward · · Score: 0

      I don't hear Apple going on about how China dictates the terms for Apple doing business in China. They willingly bend over for the Chinese. Fuk Tim Cook.

    22. Re:He makes a good point by kheldan · · Score: 1

      Like I said, to the "bad cop" he knows who the perp is. He knows.

      ..because the 'perp' doesn't have white skin. Racism is alive and thriving in America, it never went away, it just went underground. Wake up and stop being dumb.

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    23. Re:He makes a good point by david_thornley · · Score: 1

      The new technique is to manufacture a crime. Get some hotheads together with an FBI agent provocateur. Get them to make some terrorist plan that has no chance of success. Discuss it at length. Come up with some completely legal thing they can do to start getting the plan rolling, then arrest all the idiots on conspiracy charges.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    24. Re:He makes a good point by david_thornley · · Score: 1

      They also ticked off the judge, which should not have affected the ruling but probably did. When given a court order, you should either comply without funny stuff or you politely file a motion why you shouldn't be required to do it. Trying to find some useless way to comply with the letter of the order will get you in trouble.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    25. Re:He makes a good point by NatasRevol · · Score: 1

      Given that the judge said, before this, that they didn't have 4th amendment rights, I'd tell him to fuck off too. And rightfully so.

      --
      There are two types of people in the world: Those who crave closure
    26. Re:He makes a good point by Anonymous Coward · · Score: 0

      They were literally denied their 4th Amendment rights by a FUCKING FEDERAL JUDGE.

      According to the declassified material presented in the New Yorker, Levison's requests were pretty reasonable, and the government, including the judge, were acting illegally.

      That sort of oath-breaking has become all too common, unfortunately. The federal government (and the state governments, and local governments) are denied a whole host of rights arising under the Bill of Rights, which is, after all, an open-ended document (thanks to James Madison). The 9th Amendment provides for any rights the people choose to assert, The 10th Amendment (unspecified rights "reserved to the people") backs up the 9th Amendment.

      These rights exist whether or not the politicians agree with them, whether or not law enforcement agrees with them, and whether or not the legal profession agrees with them. All three of those groups find this massively inconvenient, because lots of things that they routinely do are actually in violation of the highest law in the land.

      9th Amendment rights include severe limitations on the ability of government to keep secrets, especially over the long term. The practice of having "Star Chamber" sessions is grossly illegal. It is not within the legal authority of government to keep many matters secret that they are trying to keep secret, and they are completely barred from keeping secrets in situations where a person is being accused of a crime: any matters bearing on the matter must be declassified. They are also completely barred from any form of secret imprisonment or secret punishment. Violations of either of these points immediately and permanently disqualify the individuals involved from holding any position of public trust or responsibility.

      Excessive government, and excessive bureaucracy, are also violations of fundamental rights arising under the 9th Amendment. As such, harassment of private citizens by the government (which includes pretty much anything that wastes somebody's time) is also illegal, including harassment by lawyers.

      As no government entity can authorize violations of the Bill of Rights, the job of the Supreme Court in such cases is to step on the people who are violating the Bill of Rights, not aid and abet them. To do anything else is a violation of the oaths sworn by the judges, and unethical practice of law (hence a violation of the Constitutional requirement of "good behavior"). But supreme court justices are selected by politicians who take campaign contributions from organizations of legal professionals and other special interest groups. As a result, it seems that nobody gets selected for that office who will rock the boat on fundamental rights issues: they look at career of any potential judge and filter out the ones that are actually doing their jobs (clearly a minority to begin with). This also applies to lower level judges.

      The Supreme Court further filters matters by ensuring that people appearing before them have to have a lawyer, and that lawyer has to be from a select group approved to appear before the court. As all lawyers have multiple ethical conflicts of interest with regards to recognizing the 9th Amendment, this filter makes it very difficult to effectively assert rights under the 9th Amendment: what lawyer will risk getting thrown off the list by pointing out how much illegal stuff is going on? This policy also serves to muzzle the Nuremberg Precedent (which applies to US law under the 9th Amendment): as a result, government officials, lawyers, judges, and so forth do not recognize a need to take individual responsibility for refusing to implement illegal laws and precedents (apparently because their hierarchical superiors said it was ok: the same defense offered by the Germans being tried at Nuremberg).

      In short, the same problems with personal and legal ethics, and personal integrity, that allowed slavery to once exist in this land, and that once allowed laws to discriminate on the basis on s

    27. Re:He makes a good point by david_thornley · · Score: 1

      Fourth amendment rights for what? The court asked for stuff about some of their subscribers, probably legally, and LavaBit responded by being as uncooperative as possible, until the judge ordered them to turn over keys, since it was apparently impossible to get them to cooperate.

      That was dumb. Given a court order you don't want to follow, the intelligent choices are to comply, file a legal motion arguing against compliance, or possibly to dissolve the company so there's nothing left to have an order served on.

      I don't know what would have happened if LavaBit had either cooperated or disagreed, but they chose about the worst option they could.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  3. Re:In this article: by anegg · · Score: 4, Insightful

    The "going dark" theory doesn't seem to hold water. There is vastly more information available now, in a very "hoover-able" (able to be sucked up) fashion, than ever before.

    The law enforcement community in the US complained that with the digitization of telephone service, they would not be able to tap phones when needed - so they got a law that requires all phone switches be remotely "tappable" and voila, better access than ever before by law enforcement. We have all taken to using mobile phones, smart phones, and e-mail; all of which places all kinds of information in an electronic form that can be easily captured when before it was in ephemeral conversations and/or a million pieces of paper that couldn't be easily trolled through in a million years.

    Sure, there has been a change in how law enforcement gathers information, with some ways going away, but new ways being made available. Overall it seems to me (without being in any way an expert) that there is probably a substantially larger amount of information available more easily today than 30 years ago before the explosion in personal digital communications. Encryption may impede some access, but overall it seems like a net gain.

    Having said that, it doesn't necessarily make it a simple job to get the goods on someone to have all of the information available. It still has to be analyzed, assessed, and linked together with all of the other bits in order to be useful in an investigation. Its easy to see why law enforcement wants to make this process as easy as possible. But that's why we have constitutional protections - to help lay out the ground rules for finding a balance. I'm not surprised that there are some in the law enforcement community leaning on the scales as hard as they can, probably with the hopes of making sure the balance tips just a little bit more towards making their jobs easier.

  4. Generally Dislike Apple by Anonymous Coward · · Score: 0

    I generally dislike Apple because they're so damn expensive for what you get hardware-wise. I also haven't noticed that the usability of a OS10.whatever or iOS is any better than the competition once you get everything set up. Be that as it may, Apple is the most profitable company in America, and they have gotten to that point without yet dipping into the revenue stream that everyone else seems to be dipping into. You know, the one where they take as much data as they can, make valid and invalid inferences about it, then sell it to the highest all the way down to the lowest bidder. So that's nice. Grudging props Apple.

    1. Re:Generally Dislike Apple by Anonymous Coward · · Score: 4, Insightful

      I generally dislike Apple because they're so damn expensive for what you get hardware-wise

      Had it occurred to you that they're more expensive exactly because they're not making a profit off mining your data?

  5. Re:In this article: by UnknowingFool · · Score: 1

    I disagree with Cook on the "going dark" only in that if a criminal wants to go dark, they have so many options today without needing Apple. If the FBI forces Apple to do what it wants, all that means is that criminals might avoid Apple products but it doesn't stop them at all.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  6. Obligatory John Oliver by UnknowingFool · · Score: 5, Insightful

    John Oliver with his commentary on the matter. Funny and fairly balanced.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  7. so.. where is this going to go by ooloorie · · Score: 1
    If Tim Cook's premise is that big corporations like his are going to protect us from privacy invading evil governments, how far is his commitment going to go? He may be able to win this case against the FBI. Is he going to win it against a secret order from the NSA to spy on foreign terrorists? Is he going to win it against the German government, or the Russian government, or the Chinese government? Has he successfully resisted what even Microsoft couldn't resist, handing over their source code to the Russians? Are his employees willing to go to jail over this in countries like Brazil? Are we really supposed to believe that the American FBI is the worst and most serious threat to privacy his company has ever faced from a governmental body?

    Cooks posturing may make him feel good and noble, but whether he wins or loses this case is irrelevant to privacy and security. iOS source code and signing keys are almost certainly in the hands of numerous intelligence agencies already, if not through secret legal orders, then through simple leaks and industrial espionage. Instead of this incessant posturing, Cook should build phones that just cannot be broken into, not even by someone with full access to the source code, firmware signing keys, and hardware. That's the traditional standard of cryptographic security, and it's easily achievable for phones.

    1. Re:so.. where is this going to go by Anonymous Coward · · Score: 0

      it's easily achievable for phones

      Way to invalidate your whole argument.

    2. Re:so.. where is this going to go by seth_hartbecke · · Score: 1

      Your questions are good.

      It's well known that foreign governments are watching this case very closely. It's understood that if the US wins this case, governments like China are going to start requiring backdoors as well.

      While Apple winning this case doesn't prevent China, etc from doing so ... Apple loosing this case will assuredly open the floodgates to foreign governments all getting their hook in the code.

      --
      END
    3. Re:so.. where is this going to go by Aighearach · · Score: 4, Insightful

      He's not going to protect us, he's going to protect himself, his company, his values. That protects others who share his values.

      No need to run off the rails because he isn't Harry Potter.

    4. Re:so.. where is this going to go by Arkham · · Score: 1

      I admit that I sort of hope those signing keys are on an offline computer in a big white room at Cupertino HQ with lead lined walls, where someone must walk in with a GM binary on a flash drive, sign it, and walk out with only the signed copy.

      --
      - Vincit qui patitur.
    5. Re:so.. where is this going to go by Anonymous Coward · · Score: 0

      Hopefully it's more like outlined at https://jis.qyv.name/home/pages/20160226 :

      Fortunately there are technology solutions that help protect secret signing keys. Most high value signing keys are not stored on a computer, but within a specially designed Hardware Security Module (HSM). An HSM stores the key (the key itself may well have been created inside the HSM and has never been outside of it). 2 When you want to sign a document, like a software update, you submit it to the HSM which then creates the signature and returns it. To improve security the HSM will typically require the insertion of one or several special “Crypto Ignition Key” (CIK). The CIKs themselves are actually data storage devices which contain a key of their own. The HSM will often only have a part of the signing key inside it. The rest is delivered by a combination of the CIKs. By distributing the different CIKs to different individuals, you can ensure that multiple people are required to perform a signature.

    6. Re:so.. where is this going to go by pr0fessor · · Score: 2

      He's not going to protect us, he's going to protect himself, his company, his values.

      I find this funny, he will argue his point publicly and loudly because at the moment it protects his company image and is what the customers want. If he looses apparently the iPhone is so secure that not even the FBI can hack it without the help of the geniuses that made it, which still works out for the company image, just not as well as if he wins.

      It would however be funny if the all of the sudden they dropped the issue by saying "Never mind, it was easier to hack than we thought.".

    7. Re:so.. where is this going to go by MachineShedFred · · Score: 1

      You are absolutely correct. It just so happens that protecting himself, his company, and his values aligns very closely with protecting me, and my values. Therefore, I support his efforts.

      --
      Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
    8. Re:so.. where is this going to go by Anonymous Coward · · Score: 0

      He may be able to win this case against the FBI. Is he going to win it against a secret order from the NSA to spy on foreign terrorists?

      At least NSA is willing to do its own homework, or to purchase zero-days from black hats who've already done it for them. FBI's Comey wants to draft Apple programmers to do it.

      From a software assurance perspective, both agencies are black hats. From a moral perspective, the NSA are pirates and the FBI are slavers. Given the choice, I'll take the IC over LE any day. (Bonus: Nobody has the choice not to deal with threats from the intelligence community, but democracies theoretically have the ability to regin in rogue cops.)

    9. Re:so.. where is this going to go by NatasRevol · · Score: 1

      The NSA could have easily hacked the phone this past summer.

      It's not about the hack...

      --
      There are two types of people in the world: Those who crave closure
    10. Re:so.. where is this going to go by NatasRevol · · Score: 1

      Well, the government can always just force you to turn over the keys and access ALL of your customers' info that uses them for encryption.

      It's what they did to Lavabit.

      https://twitter.com/JZdziarski...

      --
      There are two types of people in the world: Those who crave closure
    11. Re:so.. where is this going to go by Anonymous Coward · · Score: 0

      Why are you describing it as "posturing"? Tim Cook is doing more than keeping up appearances, Apple is fighting the government as best it can and upgrading its systems to be more resistant in the future. That's not "posturing", that's real effort.

    12. Re:so.. where is this going to go by crmarvin42 · · Score: 1

      Cook should build phones that just cannot be broken into, not even by someone with full access to the source code, firmware signing keys, and hardware.

      That does appear to be the way he is pushing his engineers. However, in the mean time there are billions of iPhones out there for whom this level of protection is not yet possible, and cannot be retroactively applied. I don't even believe that Cook has attempted to portray his actions as altruistic, just that what is in the best interest of Apple Inc., and what is in the best interest of owners of Apple devises are in sync with each other on this issue.

      Apple Inc sees no value and only cost associated with developing and maintaining a special version of IOS that can be used to by-pass their current security protocols. If Apple had already developed such a device on their own he wouldn't be able to keep the FBI from requesting that he use it on their behalf. However, the tools don't exist precisely because Apple sees no value in creating them other than avoiding a very public fight with the FBI over this issue. The negative PR from this is nothing compared to the negative PR of those tools escaping and getting into the hands of identify thieves, or celebrity stalkers, or hostile foreign governments, etc.

      Keep in mind that Cook is a gay man, and he managed to keep that more or less a secret for most of his career as a public figure at Apple. In 2016 that doesn't mean what it used to in the US, but in Russia and many other countries around the world it is a crime that can lead to incarceration, torture, and death. I wouldn't be surprised if for Mr. Cook personally, the idea that a government that would view people like him as sub-human or criminals due to their sexual preference might request the exact same tools that the FBI is requesting is terrifying. Or if you want to take sexual preference off of the table, you can trot out any persecuted minority. China very recently planned on passing a law of similar scope and due to pressure from the US government and western technology companies they abandoned it. If the US creates this precedent, the Chinese will take it even further, and while you may think the FBI is trustworthy I doubt most people would extend similar trust to the governments of every country in which Apple operates.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    13. Re:so.. where is this going to go by pr0fessor · · Score: 1

      You and I know there are already tech forensics companies out there that work with law enforcement and provide tools and that this is about making manufactures give access not about them actually being able to gain access, but that's not what the rest of the world sees or wants to see.

    14. Re:so.. where is this going to go by ooloorie · · Score: 1

      That's why Apple should never have started this case. They should quietly have rolled out bullet proof security on the next phone instead. With a few million actually secure iPhones in circulation, the FBI couldn't do anything, and Congress would be unlikely to pass a law prohibiting this.

    15. Re:so.. where is this going to go by SvnLyrBrto · · Score: 1

      > while you may think the FBI is trustworthy

      Honestly, I don't see how anybody who is in any way familiar with the FBI, it's history, it's most well-known director, the culture and organization he built, the shenanigans (to put it mildly) during his tenure, and the fact the the FBI still reveres and honors said director, even residing in a HQ building bearing his name... could *POSSIBLY* consider the FBI trustworthy. We're not talking about the television FBI of Mulder and Sculley. The real thing is the house that J. Edgar Hoover built. I wouldn't trust a one of them so far as I could spit a rat.

      --
      Imagine all the people...
    16. Re:so.. where is this going to go by AHuxley · · Score: 1

      Re It's not about the hack...
      Its about making the PRISM material legal in any US state or federal open court. The brand and phone becomes the named informant. GPS, logs, images, movement, voice, files.
      A cell phone brand can even be the origin of an entire case in open court, hiding deeper human or mil signals parallel construction.
      Recall the " and the zombies would be paying customers?" quote from
      iSpy: How the NSA Accesses Smartphone Data (September 09, 2013)
      http://www.spiegel.de/internat...

      --
      Domestic spying is now "Benign Information Gathering"
    17. Re:so.. where is this going to go by nytes · · Score: 1

      Apple didn't start this case. The FBI did.

      The FBI didn't even serve papers to Apple telling them. Apple found out about it from the FBI's news release.

      --
      -- I have monkeys in my pants.
    18. Re:so.. where is this going to go by ooloorie · · Score: 1

      If the US creates this precedent, the Chinese will take it even further, and while you may think the FBI is trustworthy I doubt most people would extend similar trust to the governments of every country in which Apple operates.

      In fact, unlike you, I trust neither Apple, nor the FBI, nor the Chinese government. You live in a fantasy if you think that Apple hasn't already cooperated with the Chinese government in order to get access to the Chinese market, just like Microsoft has already done with the Russian government. That is why I so strenuously object to the fiction that somehow Apple's public refusal to comply with the FBI amounts to anything in terms of security.

      Keep in mind that Cook is a gay man ... I wouldn't be surprised if for Mr. Cook personally, the idea that a government that would view people like him as sub-human or criminals due to their sexual preference might request the exact same tools that the FBI is requesting is terrifying.

      Well, and I am a gay man and immigrated from a country where conditions were much worse than what Cook ever experienced. That's why I object to Cook's attempt at security-through-obscurity and the security fictions he is peddling. It's also why I don't trust or believe Apple when they say they have my best interests at heart: I've seen too many people like Cook stand up proclaiming that they are protecting privacy while quietly cooperating with governments to spy on people.

      That does appear to be the way he is pushing his engineers.

      The fact that iPhone encryption wasn't secure against government demands has been known for a long time. Tim Cook has been in charge of Apple since 2011, so he could have "pushed his engineers" to do this for nearly five years, but he didn't. The logical conclusion is he either didn't give a fuck about it until it became a PR problem, or the security holes in the iPhone's architecture are there deliberately to make the Russian and Chinese governments happy.

    19. Re:so.. where is this going to go by david_thornley · · Score: 1

      Huh? The question is not whether Apple can't do what the court order says. The question is whether they can be legally compelled to do it.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    20. Re:so.. where is this going to go by david_thornley · · Score: 1

      It's not about establishing legal evidence. That's what parallel construction is for. This is to establish that there is no right to privacy, and that everybody must cooperate with the TLAs to break it whenever asked.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    21. Re:so.. where is this going to go by david_thornley · · Score: 1

      I'm sort of hoping that soon it will be an offline computer in a big white room in Dublin or somewhere like that. There's no technical reason why not.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    22. Re:so.. where is this going to go by pr0fessor · · Score: 1

      I thought the question is even if they are able to legally compel them how much will Apple protest in order to protect their company image.

    23. Re:so.. where is this going to go by crmarvin42 · · Score: 1

      Lets be clear, Apple - Like every other company in the world - has a statutory obligation to obey any law of any country within which they operate. If China were to say tomorrow "no encryption on any device" Apple would have to choose to either stop selling, try to fight the law in court, or comply. In the US the company is choosing option 2, but if they lose they will have to revert to either option 1 (fiscal suicide) or option 3. The issue here is that the west has been able to, through political machinations and public shaming, been able to rein in some of the initiatives countries like China have tried to put in place. If the government of the US is to go all hypocrite by demanding far more then they have ever accepted China requesting, then they will be less likely to comply with the machinations of the west next time. I have no illusion that Apple doesn't obey laws I find repugnant in other countries, but I'm going to be damned if I'm going to let my country pass similar laws without supporting Apple if they try to object on my behalf, even if they aren't doing it for me per se.

      Apple has never said they have your best interest at heart, mearly that their opposition to this court order, and your best interest happen to coincide. and besides, it's hardly as if the FBI isn't trying equally hard to portray the absolute fiction that this is about a single phone, and not the legal precedent to use this same maneuver to get every seller of encryption software in the US to have to decrypt on demand for the FBI or other law enforcement agencies at any time. A lot of the press i've read seems to indicate that Apple was quite surprised by the route the FBI was taking up until they filed very publicly in court. They have not denied that they've worked with law enforcement before, and that the do what they can with the tools as they currently exist, but the FBI is asking them to now develop new tools to undermine security that already exists. That is new and what they are fighting.

      The encryption on iPhones has gotten more comprehensive at every revision of the hardware/software. That it wasn't bullet proof at d1 or that it isn't bullet proof now is not evidence that it isn't more secure than previous models by leaps and bounds. Fact is the on device encryption was added to secure the phones against hackers, not the government. The problem now is that the government has found that they too cannot get into the devices and are trying to get the court to grand them powers the congress and deliberately decided in the past NOT to grant them by use of a legal loophole and some pretty blatant lying in the press.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    24. Re:so.. where is this going to go by ooloorie · · Score: 1

      In the US the company is choosing option 2,

      That's PR bullshit. Apple isn't fighting for the right to provide encryption on their devices; if they did, I'd be cheering them on. What Apple is fighting for is the right to protect flawed encryption from a valid court order. And the problem with that is that no matter whether they win or whether they lose, the public will be worse off as a result.

      The encryption on iPhones has gotten more comprehensive at every revision of the hardware/software. That it wasn't bullet proof at d1 or that it isn't bullet proof now is not evidence that it isn't more secure than previous models by leaps and bounds.

      Making a cryptographically secure phone has been cheap and easy for more than a decade. So, why did Apple screw up so badly on the iPhone 5C? Furthermore, how do we know they haven't screwed up on more recent phones as well?

      In fact, it seems likely that Apple puts back doors into all their phones because while the FBI may be limited by US courts, Chinese and Russian governments won't be.

    25. Re:so.. where is this going to go by crmarvin42 · · Score: 1

      How does the public lose if Apple wins?

      If Apple loses, then they and other cell phone manufacturers will be required to include backdoors and maintain work arounds for the government indefinitely. Sucks to be you if the FBI wants access to your phone, and sucks to be you if someone other than Apple or the Government is able to get access to the tools or reverse engineer the work around.

      If Apple wins, then it will still be possible in the future to develop completely encrypted bullet proof phones in the future because their will not be a court president validating the Justice Departments use of the All Writs Act to compel companies to build in back doors for the government. Even if Apple never does develop said phone, there will at least not be a legal precedent preventing anyone else from doing so.

      Don't buy into Apple's PR, but looking at the case I fail to see how them winning such a suit, should it come up again, would hurt me.

      Also, while it has been possible for more than a decade, that doesn't mean such phone would be affordable, easy to use, or popular. Apple is a purveyor of mass market technology. I get that they haven't done so for business reasons, but since no one else has either I won't fault them for it. If Google, Microsoft, or even forbid BB were to beat them to the punch on such a phone I wouldn't be surprised to see Apple taken to task for it, but of the phones available now Apples seems to me (not a security expert mind you) to be the next best thing.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    26. Re:so.. where is this going to go by ooloorie · · Score: 1

      If Apple loses, then they and other cell phone manufacturers will be required to include backdoors and maintain work arounds for the government indefinitely.

      The iPhone 5C already has a backdoor; that's the problem. Furthermore, you can be certain that the NSA and other agencies can get in through that back door. Apple winning or losing makes no difference to that. But if Apple wins, it gives the appearance that your data is protected when in fact it is not. Furthermore, if Apple wins, it will give more ammunition to people demanding laws that require explicit backdoors.

      Also, while it has been possible for more than a decade, that doesn't mean such phone would be affordable, easy to use, or popular.

      We know such a phone would be affordable, easy to use, and popular: there would be no user visible changes. Nor would it be any more expensive, because Apple already has a custom, secure crypto chip that could have implemented the PIN wipe securely without backdoors and at no extra cost.

      I get that they haven't done so for business reasons, but since no one else has either I won't fault them for it.

      That's patently false. Every GSM phone uses secure hardware for unlocking the SIM card itself and has done so for a couple of decades. In addition, the Android security architecture does not have this flaw. Doing this right is neither hard nor expensive. The question still remains why Apple didn't.

      My guess is that the weak security architecture of the iPhone 5C was deliberate, precisely in order to have a backdoor available should countries like Russia and China demand it. No global phone manufacturer can afford to put a phone on the market without some kind of backdoor, because they risk getting booted out of markets like Russia, China, California, France, and New York., all of which have, or are considering, limits on strong encryption.

    27. Re:so.. where is this going to go by crmarvin42 · · Score: 1

      The iPhone 5C already has a backdoor; that's the problem. Furthermore, you can be certain that the NSA and other agencies can get in through that back door. Apple winning or losing makes no difference to that. But if Apple wins, it gives the appearance that your data is protected when in fact it is not. Furthermore, if Apple wins, it will give more ammunition to people demanding laws that require explicit backdoors.

      So in your opinion we are damned if we do and damned if we don't? The lack of completely secure phones today (or at least back when the iPhone 5C was sold) completely invalidates any potential advances to make them more secure in the future, and if Apple wins in court then the legislature will (despite having failed to do so during the first encryption debate) of course pass laws to grant such a back door in the future. That's an awfully pessimistic view. If legislators from my state start supporting such a bill, they will get an earful from me, and I imagine that most of the tech industry will throw their lobbying weight around as well to prevent such a bill.

      We know such a phone would be affordable, easy to use, and popular: there would be no user visible changes. Nor would it be any more expensive, because Apple already has a custom, secure crypto chip that could have implemented the PIN wipe securely without backdoors and at no extra cost.

      You may believe that, but I see no reason to believe you are correct. There is a cost, even if not in money, to a completely secure phone. The costs are time and the hassle of remembering, or sharing it when you ask someone else to use your phone for you, etc. Those may be small costs, but to some they are big enough to result in many people still not having even a 4 character pin to protect their phone. You and I may value security (probably to differing degrees), but many don't at all, and requiring a pin that could wipe the phone if a kid gets their hands on it and tries too many wrong passwords/pins scares many. Myself included. I've been locked out of my phone several times because my 2 year old got the phone and tried to get into it, or because it became activated in my pocket some how and ran up several attempts without any deliberate action on my part.

      Security may be easy in a technical sense, but to make something that is both secure, easy to use, and desirable to a wide range of buyers all at the same time is something different entirely. Apple prioritized ease of use and desirability over security. Their call, don't buy if you don't want, but they've increased their emphasis on security over time. Maybe they'll never get to where you'd like them to be, but I'm glad for any improvement since I hate the Android and Windows phones I've used thus far. A little protection is better than none.

      My guess is that the weak security architecture of the iPhone 5C was deliberate

      And unless you've got real evidence, that is just an opinion. And not even one that is logically consistent, since one of the issues at the heart of this case is that the iPhone 6 and 6S are even more secure, meaning the work around that the FBI wants Apple to implement for the 5C won't work on these newer phones.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    28. Re:so.. where is this going to go by ooloorie · · Score: 1

      So in your opinion we are damned if we do and damned if we don't?

      False dichotomy. Apple's mistake was pretending that their backdoored phone was secure. They should have simply admitted that the iPhone 5C wasn't secure and moved on, instead of pretending that they are out defending everybody's rights.

      We know such a phone would be affordable, easy to use, and popular

      You may believe that, but I see no reason to believe you are correct. There is a cost, even if not in money, to a completely secure phone. The costs are time and the hassle of remembering, or sharing it when you ask someone else to use your phone for you, etc.

      Well, I'm sorry you don't see it. But the fact is that a secure iPhone 5C would look and work exactly the same way the current iPhone 5C works, it would simply do the PIN checking in its crypto processor.

      And unless you've got real evidence, that is just an opinion. And not even one that is logically consistent, since one of the issues at the heart of this case is that the iPhone 6 and 6S are even more secure, meaning the work around that the FBI wants Apple to implement for the 5C won't work on these newer phones.

      It is quite logically consistent: the iPhone 5C has a backdoor that was apparent from its published architecture. The iPhone 6 and 6S likely have backdoors that are not apparent from their published architectures. But it is implausible that they don't have backdoors because even if the FBI is reined in, China and Russia won't be, and Apple isn't going to give up on those markets.

    29. Re:so.. where is this going to go by crmarvin42 · · Score: 1

      I don't believe they've ever said that their phones were completely secure, not even today. Security is not binary complete or absent, there are levels of security, often resulting from trade offs between security and other features like ease of use. You seem to be upset at Apple for breaking a promise they never in-fact made.

      Unless you've got a specific Chinese or Russian law to which you can point, your assertion is baseless. I don't disagree that these governments would very much like to have this information, but I fully expect that in the interest of public perception and geo politics, they rely on hackers to get access to these devices a la the Israeli company that the FBI has turned to in order to gain access. Any weakness that these hackers exploit could be closed in future software or hardware updates, leading to an arms race of sorts between Apple and the hackers (government affiliated or not)

      One difference here is that the FBI was hoping to get the courts to compel Apple to do the work for them. Once it became clear they were going to lose the case on appeal, they turned to a 3rd party. The former head of the NSA essentially said that he believed the FBI was more interested in the precedent than then actual data because the NSA could have gotten them the data without the court case. I have no illusions that Apple is only looking out for my best interest, and was fighting this case based on their collective conscience. However, that doesn't mean that their business objectives and my personal interests can't align at times, or that I shouldn't support them when our interests coincide but for different reasons.

      --
      Bureaucracy expands to meet the needs of the expanding bureaucracy.-Oscar Wilde
    30. Re:so.. where is this going to go by ooloorie · · Score: 1

      Unless you've got a specific Chinese or Russian law to which you can point, your assertion is baseless.

      Microsoft has already released their source code to Russia and China under pressure from their governments; isn't that evidence enough?

      One difference here is that the FBI was hoping to get the courts to compel Apple to do the work for them.

      Yes, that is how discovery usually works. Apple might have argued an "undue burden", but not that the FBI isn't entitled to this in principle.

      However, that doesn't mean that their business objectives and my personal interests can't align at times,

      I don't think they do align in this case. Apple wanted to use this fight as a PR stunt; win or lose, your data wouldn't have been any more secure.

  8. Switzerland by ThatsNotPudding · · Score: 1

    Switzerland should make Cook an offer: move your entire company here and we will give an inviolable covenant to protect your IP and products from any and all backdoor requests, foreign and domestic.

    1. Re:Switzerland by TheGratefulNet · · Score: 1

      not the whole company, but the parts that deal with crypto.

      if apple was smart(er) they would be actively working on a fullproof decoupling of the base system from the crypto. make it so that its actually impossible for US forces to storm any apple site and try to force the company to do the feds' bidding.

      the crypto code would not be on any network, not even any apple network. the build would be done locally via specially vetted employees, etc etc. you can imagine how it could work.

      what they have now (I'm totally guessing) is not anything like this. and that means they could be forced to do a 'special build' for someone; anyone with enough force and might. but if their whole build system was setup to repel such attacks, THAT would truly be praise-worthy.

      do they have this? does anyone? I wonder.

      --

      --
      "It is now safe to switch off your computer."
    2. Re: Switzerland by Anonymous Coward · · Score: 1

      Switzerland has surrendered to the US and EU its invaluable banking secrecy and you think they could defend your data? How naive can you be?

    3. Re: Switzerland by Anonymous Coward · · Score: 1

      Correct analysis. Now that they are surrounded by a certain four letter Imperium, they are arguably in a much worse state than ever.

      They resist as much as they can, but they are not killing themselves. They collaborate like they had to collaborate earlier. They hope that a tiny amount of Allemanic freedom can be preserved.

      Let's hope they keep their rifles all well oiled.

    4. Re:Switzerland by swb · · Score: 1

      How did that work out for Swiss banks and their tradition of banking secrecy? They eventually caved in to IRS demands to track down tax evaders.

      There are maybe 4-5 countries on Earth with the combined economic, military and diplomatic power to be home to a product completely beyond the influence of any government.

      And even then it doesn't guarantee that the product will be available anywhere outside of its home country (where presumably you're also able to manufacture it, so you don't have any dependency on potentially hostile manufacturing host countries).

  9. He is a bag of slime by Anonymous Coward · · Score: 0

    Apple talking about the right to privacy is like Erdogan talking about freedom of press.

    1. Re:He is a bag of slime by Anonymous Coward · · Score: 0

      He is just trying to sell more iShit. Apple is even more restrictive in many ways than Microsoft. "We shold make those companies fail." [Richard Stallman]

  10. Re:In this article: by amicusNYCL · · Score: 1

    Tim Cook talks about a bunch of things he doesn't actually understand.

    And Slashdot files the article under "Democrats".

    --
    "Our two-party system is like a bowl of shit looking at itself in a mirror." - Lewis Black
  11. Re:In this article: by Aighearach · · Score: 1

    If a hermit wants to go dark, that is called "freedom." If he's also the unibomber, that just means police work is hard.

    That's OK, they're paid really well because their job is dangerous, even if it doesn't make the top 10 in actual danger.

    I'm confident that when this gets to the Supreme Court, they'll remind the FBI that their job is to enforce the law, not prevent crime.

  12. Cook is wrong about why banks keep information by JoeyRox · · Score: 4, Informative

    It's not just because their customers want access to their banking history but because there are federal laws such as the Bank Secrecy Act (https://www.fdic.gov/regulations/safety/manual/section8-1.pdf) that require banks to keep banking information to aid in the governments monitoring of criminal activity and money laundering. If the federal government can compel banks to keep this information I'm not sure what prevents them from compelling Apple as well. This is not to say that I support the government's position on this - I'm wholly in Apple's corner. But Cook's analogy to the banking industry is actually a case against Apple rather than one that supports it.

    1. Re:Cook is wrong about why banks keep information by seth_hartbecke · · Score: 4, Insightful

      Banks, in order to operate with integrity, DO need to keep a transaction ledger. Honest ones had been doing so for centuries before the Bank Secrecy Act.

      There is a highly important yet subtle difference here. The Bank Secrecy Act requires banks divulge information they already were keeping.

      A similar act given to apple would require them to divulge information about your account (information they are already keeping). But, the newest FaceTime does peer-to-peer VoIP if it can. Is Apple required to engineer a backdoor in to listen to a conversation that *today* they only facilitate the initial call setup? Should they be required to keep an audio copy of the call? Apple currently does not store the call, and if possible they only arbitrate the two phones finding each other (they may not even transit the call audio). This would be like requiring you bank to keep tabs on how you spend your cash.

      --
      END
    2. Re:Cook is wrong about why banks keep information by radarskiy · · Score: 3, Insightful

      "If the federal government can compel banks to keep this information I'm not sure what prevents them from compelling Apple as well. "

      What prevents them is the lack of actual law that authorizes the federal government to do so. If we want the federal government to able to compel Apple to turn this data over then we must make a law authorizing the federal government to do so. IF not, then the federal government should not be using unrelated threats to compel a "voluntary" action that it cannot actually compel.

    3. Re:Cook is wrong about why banks keep information by Anonymous Coward · · Score: 1

      "If the federal government can compel banks to keep this information I'm not sure what prevents them from compelling Apple as well. "

      What prevents them is the lack of actual law that authorizes the federal government to do so. If we want the federal government to able to compel Apple to turn this data over then we must make a law authorizing the federal government to do so. IF not, then the federal government should not be using unrelated threats to compel a "voluntary" action that it cannot actually compel.

      The difference is that the banks, for sake of their reputations and their business, already keep all that information. All the Feds do is compel them to hand it over by providing the appropriate authorization paperwork ( I know slippery slope ).

      Nothing is built, nothing is constructed, all the needed material to respond to the Feds is already available. Unlike with Apple, where Apple doesn't have the information, and has no way to get it directly from the phone. What Apple has done in the past, is to go to the iCloud backups which were NOT encrypted and provide that to the Feds on request. Nothing new needed to be created, nothing had to be broken.

      So now the Feds are demanding that Apple created a custom version of software, that other than answering a warrant has NO reason to exist as its existence would provide a pre-verified attack vector for any and all comers, be they governments, corporations or criminals. Every person has their price and it only takes finding one person to acquire access to any method that might be required of Apple.

      So, any one want to start a pool on when the first non-Apple use of the required FBI changes will occur ?

    4. Re:Cook is wrong about why banks keep information by Anonymous Coward · · Score: 0

      They Bank Secrecy Act is an actual law that was passed. The difference here is that our government hasn't passed a law compelling phone makers to store communications. In this case the FBI is trying to avoid the need to pass a law because they know they don't have enough votes to support it. Hence the court case.

    5. Re:Cook is wrong about why banks keep information by Anonymous Coward · · Score: 0

      I understand Cook to have said that if legislation is passed, then his company is in a different position, but the current law and the executive branch alone cannot compel Apple's behavior. It's not that the gov't couldn't compel, it's that they have to go through the right process -- a process that they are unlikely to be able to get through with all of Apple's lobbyists.

    6. Re:Cook is wrong about why banks keep information by JoeyRox · · Score: 1

      I don't see a large distinction between divulging information you're already retaining vs being compelled to retain new information that you also must divulge. For example the Bank Secrecy Act compels banks to retain transactional history that they weren't already keeping, such as details of specific credit and cash transactions that exceed $10,000/USD.

    7. Re:Cook is wrong about why banks keep information by JoeyRox · · Score: 1

      I agree, Congress will need to pass a law to compel Apple to retain this information, the same as they did for the financial industry. I think we'll see such a bill in the near future.

    8. Re:Cook is wrong about why banks keep information by jittles · · Score: 1

      I don't see a large distinction between divulging information you're already retaining vs being compelled to retain new information that you also must divulge. For example the Bank Secrecy Act compels banks to retain transactional history that they weren't already keeping, such as details of specific credit and cash transactions that exceed $10,000/USD.

      Banks keep track of every transaction. How do you think you get a balance sheet every month itemizing your every transaction? They don't do it because the Federal Government compels them to. They do it because that is the nature of banking. The only thing that law requires them to do is to notify the government when a 'suspicious' transaction occurs. They're already privy to all the details of the account holder - bank relationship. In the case of Apple they are also privy to all the details of the phone owner - Apple relationship. Apple has no knowledge of what conversations pass between you and your mother, however. They may be aware that such conversations are taking place, but they do not have the contents of the message. This is asking Apple to take part in a relationship that they have no business being involved in and reporting their new found knowledge to the government. They already supply any meta data they have to the NSA. So any information they have on the conversations you engage in are already given to the government. Why should the federal government be able to compel them to increase their knowledge and capabilities when Apple has no business reason to do so and plenty of business reasons not to do?

    9. Re:Cook is wrong about why banks keep information by JoeyRox · · Score: 1

      You're implying that banks already kept all the information and had all the necessary procedures like account verification that were necessary to comply with the Bank Secrecy Act before the law was passed. If you read the regulation (https://www.fdic.gov/regulations/safety/manual/section8-1.pdf) you'll find that's likely not the case, that many banks had to start tracking additional information and employ new procedures. So there is a precedent for the federal government to compel businesses to collect information and enact new procedures.

    10. Re:Cook is wrong about why banks keep information by jittles · · Score: 1

      You're implying that banks already kept all the information and had all the necessary procedures like account verification that were necessary to comply with the Bank Secrecy Act before the law was passed. If you read the regulation (https://www.fdic.gov/regulations/safety/manual/section8-1.pdf) you'll find that's likely not the case, that many banks had to start tracking additional information and employ new procedures. So there is a precedent for the federal government to compel businesses to collect information and enact new procedures.

      Other than the training requirements and the forms required to be filed with the IRS, I don't know of any new transactional record the bank would be required to keep under this law. Sure they had to start verifying SSN or TIN for account holders, yes. But you'll also note that this only covers banks that make use of FDIC or NCUSIF insurance programs. You could create a non-insured bank and it would not, at least under the original BSA rules, be required to keep any of these records or to verify the SSN or TIN of account holders. So the banks were already beholden to certain record keeping rules anyway in order to qualify for their insurance programs.

    11. Re:Cook is wrong about why banks keep information by JoeyRox · · Score: 1

      Here's an example of the additional information banks were required to obtain and retain as part of BSA (https://www.hsdl.org/?view&did=439815):

      Monetary Instrument Sales Records : A bank must retain a record of each cash sale of bank checks, drafts, cashierâ(TM)s checks, money orders, and travelerâ(TM)s checks between $3,000 and $10,000 inclusive. These records must include evidence of verification of the identity of the purchaser and other information. (31 CFR 103.29)

      And for a more direct example of precedent as it relates to Apple, the BSA actually required the banks to develop and deploy software to detect money laundering. One of the core arguments Apple makes is that companies can't be compelled to develop something to comply with a court order (and in turn a law).

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

    12. Re:Cook is wrong about why banks keep information by radarskiy · · Score: 1

      The Senate Intelligence Committee is on the job! http://www.reuters.com/article...

    13. Re:Cook is wrong about why banks keep information by jittles · · Score: 1

      Here's an example of the additional information banks were required to obtain and retain as part of BSA (https://www.hsdl.org/?view&did=439815): Monetary Instrument Sales Records : A bank must retain a record of each cash sale of bank checks, drafts, cashierâ(TM)s checks, money orders, and travelerâ(TM)s checks between $3,000 and $10,000 inclusive. These records must include evidence of verification of the identity of the purchaser and other information. (31 CFR 103.29) And for a more direct example of precedent as it relates to Apple, the BSA actually required the banks to develop and deploy software to detect money laundering. One of the core arguments Apple makes is that companies can't be compelled to develop something to comply with a court order (and in turn a law). https://en.wikipedia.org/wiki/...

      Again, banks already had records of each sale of bank checks, drafts, cashier's checks, money orders, and travelers checks between $3,000 and $10,000. This was in the 60's. That was a hell of a lot of money and no bank would honor a cashier's check it had no record of issuing. Don't be ridiculous. And the federal government did NOT mandate that banks write software. They said "If you want to participate in the FDIC insurance program, you will meet these requirements." The federal government didn't care if they had house elves looking at bank records or if the bank used software to detect laundering. They just required that it be done to qualify for FDIC insurance. You're absolutely missing every point I've made.

    14. Re:Cook is wrong about why banks keep information by JoeyRox · · Score: 1

      Don't think I'm missing any point. You keep claiming banks were already collecting all the information they needed to comply with BSA. My contention is that they weren't. And participation in the FDIC is mandatory for any bank that has any hope in attracting deposits, so it's a bit naive to think that banks weren't required to implement the money-laundering risk software as a requirement of BSA.

  13. Apples position by Anonymous Coward · · Score: 0, Insightful

    you have a right to privacy Only when we can't figure out some way to monetarise your information!

    1. Re:Apples position by Anonymous Coward · · Score: 0

      You've mistaken Apple for other mobile OS creating companies that unabashedly sell and monetize your information.

  14. propaganda by Tom · · Score: 4, Insightful

    Going dark -- this is a crock. No one's going dark.

    This is key. Their main argument is bullshit. They are not going dark. If anything, they have massively more surveillance than they did, let's say, 50 years ago. Or 30 years. Or virtually any time.

    20 years ago, what chances did police have to get a recording or transcript of a conversation between criminals one month after the fact? Unless they already were watching and wiretapping them, almost none. Today, chances are quite good that you will find some e-mails, chat log or other exchange.

    10 years ago, what chances did police have to find out where someone was on a given day one year later? Unless they were already shadowing him, almost none. Today, he checked in on Facebook or Foursquare or his phone location data gives him away.

    Maybe there was a high point a few years ago, when most of what we have today was already there, but encryption was lagging behind. Maybe compared to that short golden period they now see less - but it is still vastly more than ever before in the history of police work.

    And when someone lies to get something, you already know they can't be trusted, so giving them something that can potentially be abused would be really, really, very, very stupid.

    --
    Assorted stuff I do sometimes: Lemuria.org
  15. Re:In this article: by Anonymous Coward · · Score: 0

    Attempting to discern useful information from the flood of data that law enforcement has access to is like trying to find a yellow plastic needle in a haystack. Except instead of searching the hay, divvying up the hay to make it easier to search, or trying to develop a technology to isolate the needle, we have law enforcement organizations that look at the stack, poke it once, declare that there are no needles in it and that they need more needle-infused hay.

    Yes, I know the "big data" buzzworders promise that with enough information they can find whatever it is you might be looking for accurate and quickly. I had the dis-pleasure of taking over the analysis for one such project, it's all a lie. There is no meaning to the lists of checkboxes about people. There are a few demographic categorizations with stronger trends in a few other subjects, but those correlations don't apply useful indicators in reverse. (While the members of a demographic may have a 70% trend toward some secondary trait, over 80% of that secondary trait in the general populace will not fit the demographic of concern. There are a lot of one-way correlations like that.)

    And the final point, back to the worthless case still being debated, governmental agencies had control of all the data they could've wanted from this phone on multiple occasions. If they hadn't messed up dramatically at least 3 times (that I know of as someone not actively following the case), they'd have all the logs and be able to use whatever evidence they can find in there to arrest whatever wrong-number the deceased called at some odd time or other. More than anything else, I think this should end as a lesson to law enforcement not to destroy evidence, even if they think someone else can rebuild it for them.

  16. Go Dark by Anonymous Coward · · Score: 0

    No one's going dark.

    But can at least we all agree that everyone should ?

  17. Re:In this article: by MightyMartian · · Score: 3, Insightful

    Exactly. The last point is important. The FBI and local law enforcement fucked up the evidence. This is the equivalent of not properly locking down a crime scene and all the fingerprints being smudged out, and then blaming the owner of the building where the crime scene was located.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
  18. Nice swipe at Google along the way.... by Bearhouse · · Score: 3, Insightful

    "My business is not reading your mails"

    Nope, because you make craptons of cash selling hardware.
    I was going to say the usual "overpriced" hardware but...what price your privacy?
    My wife and I are happy with android, but we upgrade regularly.
    With the effective demise of blackberry, soon might be Apple is only option

    1. Re:Nice swipe at Google along the way.... by Anonymous Coward · · Score: 0

      "Nope, because you make craptons of cash selling hardware."

      By using google stuff you pay through the leash around your neck.

    2. Re:Nice swipe at Google along the way.... by NatasRevol · · Score: 3, Insightful

      From someone up above:

      "Has it occurred to you that Apple is more expensive exactly because they're not making a profit off mining your data?"

      --
      There are two types of people in the world: Those who crave closure
    3. Re:Nice swipe at Google along the way.... by Anonymous Coward · · Score: 0

      Android == Stagefright (another one today). No point in even pretending it's secure. And my BB is working well. haha So is Hillary's. ROFL.

    4. Re:Nice swipe at Google along the way.... by Anonymous Coward · · Score: 0

      well no, because that's obviously not true

    5. Re:Nice swipe at Google along the way.... by Xarius · · Score: 1

      So which phone manufacturer is making a profit from mining our data then? Considering that Android connects to Google's services (encrypted of course.), not Samsung or HTC or Huauwei.

      Breakdowns of iPhone "R&D" costs and the internal hardware always show an enormous profit margin for them, 69% in the case of the iPhone 6.

      That doesn't dilute the value of Tim Cook's arguments though.

      --
      C17H21NO4
  19. Why not restore the original iCloud password hash? by Anonymous Coward · · Score: 0

    If you read between the lines of TIME's interview of Tim Cook, the FBI blew it when they directed the county to reset the iCloud password. The FBI took the iPhone back to the shooter's WiFi and it failed to backup. Now the iPhone has to be unlocked to enter the new iCloud password and get a new backup to iCloud.

    If the FBI could direct Apple to restore the original iCloud password hash for the shooter's iCloud account (un-reset the password), then put the iPhone on the shooter's WiFi, it would perform a new iCloud backup, which the FBI could then obtain from Apple via subpoena again. It might update all the installed apps as well...

    Of course if all that worked and the FBI got what they want from this one iPhone, they would still proceed now that this whole mess has gone as far as it has. Next the FBI would want the ability to force iCloud backup turn-on, force OTA, force app install, force uploading authorized WiFi AP BSSIDs, and on and on. None of that is so bad as long as it has to go through a judge for each iPhone and it turns up on Apple's transparency report.

  20. Re:Why not restore the original iCloud password ha by smooth+wombat · · Score: 3, Interesting

    Or, even better, had the County employee(s) in charge of managing the phones done their job and put MDM software on the phone, this wouldn't be an issue. The County could have been given the court order to unlock the phone and ten seconds later told the FBI, "Here ya go."

    As I have said in previous posts, I did this for a government agency I worked for. I was the one put in charge to develop the procedures to secure the phone, including turning off Siri and cloud backup (the users were told no documents were to be put on the phone). Without exception every iPhone we got had MDM software put on it despite the whining from some about being tracked. As I told one guy, "We're not tracking you, we're tracking the phone. We don't care about you. We care about our equipment."

    On a few occasions I was asked by a user to unlock their phone because they forgot their passcode so I know how easy this procedure is. As I said above, it is literally ten seconds to unlock the phone with this software installed.

    --
    We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
  21. Tim already caved to China by Anonymous Coward · · Score: 0

    Let's be clear. Tim Cook is lying. He has already caved to Chinese government. He did that to win in China, and he won big. The Chineese government has some tool to be able to see inside all seized iphones. We don't know what or which, but it's clear they have.

    Additionally, they lost the moral high ground when they advertised the iphone as a tool to defeat law enforcement.

    1. Re:Tim already caved to China by Anonymous Coward · · Score: 0

      You sound like a lawyer for the DoJ.

      And your arguments are just as good.

      All refuted in federal court by Apple.

      Moron.

    2. Re:Tim already caved to China by Anonymous Coward · · Score: 0

      Reference? Otherwise it's keyboard punching.

  22. Re:In this article: by MachineShedFred · · Score: 1

    If a criminal wanted to "go dark" 60 years ago, there were still forms of encryption and communication that the United States Government couldn't do fuck-all about. Somehow it's different now, than it was 60 years ago if someone used a one-time pad and a telegram?

    --
    Slashdot still doesnâ(TM)t support Unicode after it was added to the HTML standard in 1997.
  23. What propaganda looks like by Trailer+Trash · · Score: 1

    See this article:

    http://www.mprnews.org/story/2...

    Note:

    The so-called "Caliphate Cyber Army" posted the details of 36 officers on the encrypted messaging app Telegram

    Get that? It was posted on an "encrypted messaging app" - although oddly the police and FBI were able to read it.

    You'll see more and more of this in the news - linking encryption and ISIS.

    1. Re:What propaganda looks like by Anonymous Coward · · Score: 0

      Few years ago our gov hired bunch of bloggers, what do you expect will happen down the road?

  24. Re:Why not restore the original iCloud password ha by BronsCon · · Score: 1

    I wonder... does Apple actually overwrite the existing credential record when a password is changed, or do they create a new record and mark the old one as invalid? If they do the latter, they can roll back to the old password and allow the backup to take place. The FBI should, perhaps, ask about this.

    You hear that, FBI? I know you're following these stories and reading these comments. Follow up.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  25. Re:Why not restore the original iCloud password ha by UnknowingFool · · Score: 1

    I suspect the FBI has been waiting for any excuse to force Apple to unlock the phone for them. Any other practical solutions is not likely to be entertained as they have already said that even if they had all the iCloud backups, they need to check everything on the phone.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  26. Cough by Anonymous Coward · · Score: 0

    you may look up that Crypto AG affair.

    Cough Cough Cough.

    What kind of dust did you kick into the air ?

  27. Re:Why not restore the original iCloud password ha by BronsCon · · Score: 1

    I'm pretty sure you're right. I mean, I and the AC I was replying to can't possibly have thought of that before the bright minds at the FBI, right? The issue, then, is that they think we're all dumb enough to not see through the bullshit. Here's the thing, though: they're smart, and they've all been kids, which means they were smart kids; kids call other smart kids dumb all the time and, having been smart kids, they'll have experienced that. And, being smart people, they know how infuriating (and motivating) it is for a smart person to be called dumb. Unless they want to be on the wrong side of a revolution, they may want to check themselves; there are a lot of smart people following this, most of whom have to be just about done being played for fools. This thread contains only a handful of us.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  28. Re:Why not restore the original iCloud password ha by jittles · · Score: 1

    I suspect the FBI has been waiting for any excuse to force Apple to unlock the phone for them. Any other practical solutions is not likely to be entertained as they have already said that even if they had all the iCloud backups, they need to check everything on the phone.

    They've been waiting for the right excuse so they can set a precedent on a case the public won't care about it.

  29. Re:In this article: by gweihir · · Score: 4, Insightful

    I think "going dark" is actually about "we need to see everything", i.e. not about enforcing laws at all, but about creating strong chilling effects. There is a special kind of despicable human being that cannot stand others having independent "unauthorized" thoughts and, worse, putting them in writing. Traditionally, an all-seeing, all-knowing God took care of that. These days not even most religious people fall for the idea that "God" would enforce the agenda of all-too-flawed worldly "authorities", so they are now trying to enforce that "you cannot hide your thoughts" by technological means to make people self-censor and self-oppress.

    For the case at hand, this means this is not about the phone at all and not about the firmware Apple is requested to write. It is about that said despicable individuals cannot deal with being told "no" when they want to demonstrate that nobody is safe from them. While I am sure not all of the FBI and DoJ is like that, the current "leaders" there have the mind-set of the Inquisition and the GeStaPo and are a huge threat to free society.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  30. Re:In this article: by gweihir · · Score: 4, Insightful

    Police work _must_ be hard. They _must_ be limited in what they can do. It is not and has never be the task of the police to catch every criminal. It is their task to keep the problem enough under control so society continues to function. As soon as police work becomes too easy, they expand into areas they were never supposed to go and control everything. Police-persons just cannot help themselves, that is their mind-set. The result of a failure to strongly limit the powers of the police is a police-state and that almost universally evolves to full-blown fascism over time.

    Don't get me wrong, we need them. There are enough bad actors that need to be kept under control. But the police itself immediately becomes such a bad actor if not controlled tightly. Handing them the rains is about as stupid as handing it to the military or to the big corporations: They all place their own agenda far before the welfare of society.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  31. Re:In this article: by gweihir · · Score: 1

    Might be a conspiracy-theory, but I now consider it possible that this was by intent.

    --
    Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
  32. Re:Why not restore the original iCloud password ha by Anonymous Coward · · Score: 0

    Without exception every iPhone we got had MDM software put on it despite the whining from some about being tracked.

    This always amuses the hell out of me.

    Small company, 20 employees, and we had MDM on our laptops for both security reasons (numerous stolen laptops over the years) and technical reasons (the number of times I've had hours wasted solving non-problems - and this in a company of techies).

    Frankly, MDM was shit (one laptop showed up as three different devices, all with differing amounts of RAM, in spite of never being touched/upgradted/downgraded), but I digress: never underestimate the paranoia of pot-smoking stoner devs. I ended up simply not even mentioning MDM after a while, just to avoid the bullshit.

    Kids, if you're using work-issued hardware, your work has access to that hardware. Unless they're an incompetent county, it seems.

  33. Re:Why not restore the original iCloud password ha by Anonymous Coward · · Score: 0

    If the FBI could direct Apple to restore the original iCloud password hash for the shooter's iCloud account (un-reset the password), then put the iPhone on the shooter's WiFi, it would perform a new iCloud backup, which the FBI could then obtain from Apple via subpoena again. It might update all the installed apps as well...

    Wouldn't work. The phone and iCloud negotiate a secure token for the session. If the password is changed or un-set the phone erases the token. Resetting the password hash in iCloud won't let you generate a new token unless you can log in to the phone ... and if they could do that, they wouldn't need to mess with trying to get the phone to back itself up.

  34. Re:Why not restore the original iCloud password ha by gnasher719 · · Score: 1

    I wonder... does Apple actually overwrite the existing credential record when a password is changed, or do they create a new record and mark the old one as invalid? If they do the latter, they can roll back to the old password and allow the backup to take place. The FBI should, perhaps, ask about this.

    There is no "credential record".

    All the data on an iPhone is encrypted. There is a master key that can unlock all the encryption keys that are used. That master key is not stored anywhere. Instead, it is calculated from three components: A device key, stored on the flash drive, and easily readable. Another key stored in the CPU, not known to anyone, and not accessible to anyone. And your passcode. If you have the device key, the right CPU, and the correct passcode, then the masterkey can be calculated.

    If you want to change the passcode, then you need the old and the new passcode. With the old passcode, you calculate the old master key. With the new passcode, you calculate a new master key. Then you take all the keys on the device which are encrypted with the old master key, decrypt them with the old master key, and write them back encrypted with the new master key. You then forget the master key and the new passcode.

    If you are talking about the iCloud password, there is no record of that either. Not of the old password, not of the new password.

  35. Re:Why not restore the original iCloud password ha by BronsCon · · Score: 1

    We certainly are talking about the iCloud password, if you were paying attention to the thread, so 90% of what tou wrote was pointless. The other 10% is flat-out wrong.

    As for there being no record of the password, there is certainty a hash to compare against for login purposes, otherwise how would Apple's systems know if you entered the correct password? Freakin' magic? No. There is a record to compare against and, if Apple retains the old hashes, rather than overwriting them, they can roll back to the previous one, which the iPhone is attempting to use for its iCloud backups.

    Take it from someone who does this for a living, there is certainly a record of some value that can be determimistically generated from the password entered by the user. These things aren't magic.

    --
    APK quotes people (including myself) without context and should not be trusted. Just thought you should know.
  36. Re:In this article: by Darinbob · · Score: 1

    Law enforcement gets easy wins by going after the dumb criminals. They've done this forever. Everyong applauds for having the suspect found so quickly. The evil mastermind however has always been hard to catch, and when they're caught it's because someone else was stupid (like printing out the plaintext). Where law enforcement is panicking is because cryptography is so common place now that even the dumb criminals have access to it. Not as much low hanging fruit anymore.

  37. Re:In this article: by LifesABeach · · Score: 1

    Wall Street silently grins and nods their collective heads in unison.

  38. Re:In this article: by LifesABeach · · Score: 1

    And in an unrelated news story today is St Patric's Day.

  39. Re:Why not restore the original iCloud password ha by Anonymous Coward · · Score: 0

    Sounds like your company was incompetent. Especially you.

  40. Re:In this article: by Anonymous Coward · · Score: 0

    In Yakima, WA, the bad actors are the ones that wear the badges, which makes it easy for the cops to keep them under control...oh, wait...

  41. Re:Why not restore the original iCloud password ha by Anonymous Coward · · Score: 0

    We don't care about you.

    And that is why you should always turn off your work phone when walking out the door.

  42. Re:In this article: by Anonymous Coward · · Score: 0

    Tim Cook talks about a bunch of things he doesn't actually understand.

    And Slashdot files the article under "Democrats".

    Where exactly did they file that? Did they label this under Democrats somewhere that we can't see or are you just being a "tea-partier" and exercising your anti-Obama hate speech at the easiest outlet you can for the day?

    I want to know, are you trying to make a legitimate point or are you just that pissed off still that Obamacare has not been overthrown yet?

    I tentatively judge you to be a moron until you clarify your point.

  43. Re:In this article: by david_thornley · · Score: 1

    Aside from the one-time pad (which the KGB showed us was easy to mess up), I don't know of any encryption a criminal would have access to that the US couldn't break. Cipher machines were really expensive (except that the Brits scooped up as many Enigmas as they could to sell cheap to emerging countries that didn't know the Brits could crack them), so criminals wouldn't have them. Aside from that, there were plenty of pencil-and-paper ciphers available to people who knew them that quite a few people in the American Cryptogram Association practiced breaking for fun.

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  44. Repeated statements. They're repeated. by Anonymous Coward · · Score: 0

    There's a string of statements that Cook makes where he immediately repeats the thing he just said. He just repeats exactly what he said. There are so many spokespeople, politicians etc. who seem to do this. A lot of them just do this. Why? Why do they do it? Is it their own mental quirks, or do they know they have to repeat things or people won't process it? Is it them or us?

    Why stop at twice though? Why not repeat more than twice? Why not three or more times? Obviously the repetition works, and everyone should do it. It just works. It works at what it does. It does what it does, and that works. It just works to repeat things. Everyone should do it. They should just do it. Because it works. It's like building a huge wall, and I'm going to do that, because it works and that's what I'm going to do, I'm going to build a wall, and I'll do it.

  45. Re:Why not restore the original iCloud password ha by david_thornley · · Score: 1

    There's reasons why I use my stuff for my purposes and company stuff for work purposes (and Slashdot).

    --
    "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes