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Grieving Father is Begging Apple to Unlock His Dead Son's iPhone (mirror.co.uk)

"A grieving father is begging Apple to allow him access to the photos stored on his dead son's iPhone," reports Time. In September Leonardo Fabbretti's adopted son died of bone cancer at age 13, and the father believes that two months of photographs are still stored on his son's iPhone. Last fall Apple staff attempted to retrieve the photos from their cloud-storage service, but the iPhone hadn't been synced before the 13-year-old's death. "Don't deny me the memories of my son," the father writes in a letter to Apple CEO Tim Cook. The father's letter tells Apple that "Although I share your philosophy in general, I think Apple should offer solutions for exceptional cases like mine," according to a British newspaper, while 88% of respondents in their online poll believed that Apple should unlock the phone.

41 of 388 comments (clear)

  1. Sorry, no exceptions to mathematics. by danaris · · Score: 5, Insightful

    "Boo hoo, my emotions are more important than the whole world's privacy."

    Sorry, there is literally no way for Apple to build into a phone or an OS a way to unlock it for situations like this that won't also be vulnerable to governments and hackers.

    If you never see your son's photos, that will be sad for you.

    If Apple actually makes the changes required to make it possible for people like you to get in to phones like these regularly, that will be devastating for all iPhone users everywhere.

    Dan Aris

    --
    Fun. Free. Online. RPG. BattleMaster.
    1. Re:Sorry, no exceptions to mathematics. by Jamlad · · Score: 2, Interesting

      In other news, 88% of respondents don't understand math and only appeals to emotion.

    2. Re:Sorry, no exceptions to mathematics. by msauve · · Score: 2, Interesting

      But this one goes to 11. "Think of the dead children!"

      --
      "National Security is the chief cause of national insecurity." - Celine's First Law
    3. Re:Sorry, no exceptions to mathematics. by Tim12s · · Score: 3, Interesting

      I would create multiple usernames/passwords that are allowed to unlock the system. E.g. Multi login. They keystore that secures the encryption on the device would then have to be doubly encrypted with two seperate encryption keys on the device using a public key of the 2nd user available on iCloud. The second encrypted store could be uploaded to iCloud and only decoded by that 3rd party who would then have access to decrypt the duplicated information.

      You could do PK key exchange via bluetooth or something more personal to prevent against MITM attacks.

      The device would then need a time delay to prevent that designated user from logging onto your phone through casual day to day usage. The device should only be accessable 30 days after not being used and would require the user to access iCloud to fetch and decrypt the store. The device would still be protected by encryption but may be decrypted by a designated person(s) so long as the designated person is nominated upfront.

    4. Re:Sorry, no exceptions to mathematics. by plover · · Score: 5, Insightful

      Sure there's a way. The owner of the phone could voluntarily use an Apple-provided key escrow service. If you buy an iPhone for your son, register a recovery key with Apple. If you buy iPhones for your employees, keep a recovery key for your company. If you buy an iPhone for yourself, and don't want a recovery key, don't register one; but don't cry to Apple if you lose your passcode.

      If the police have a warrant, they can demand the escrowed password, if one exists, because it's no longer 'personal' once it's shared. That's part of the conditions of using an escrow service.

      Does that make the escrow service a giant target for hackers and the NSA? Sure. Want to avoid that risk? Don't escrow your password. Your choice.

      --
      John
    5. Re:Sorry, no exceptions to mathematics. by Anonymous Coward · · Score: 4, Interesting

      I'm curious why it didn't occur to him to have the phone unlocked before the sons death. It sounds like the child was terminally ill for all of that time.

      I can feel for him, but why should the rest of the iPhone users suffer because the teen didn't have the files backed up to the cloud and left the phone locked. AFAIK, the iPhone just defaults to encryption, it doesn't require it and it certainly doesn't prevent you from writing the password down.

      Part of estate planning in the 21st century is making sure that things like that are available to those that need them.

    6. Re:Sorry, no exceptions to mathematics. by Anonymous Coward · · Score: 5, Insightful

      In other words, you don't understand what's going on here, but would rather post bullshit than educate yourself.

      You can't crack one phone and restrict the crack to that phone. Any technique or tool that works on one phone will work on all phones running the same hardware/software environment.

      Secondly, we have nothing against that. We do have something against backdoors and weaknesses being introduced or perpetuated to facilitate such cracking activities.

      Lastly, you're an idiot, a 3rd party company doesn't control the security of the platform. There's a huge conflict of interest involved when you're both responsible for securing the device and responsible for cracking it on demand. Having 3rd party do the cracking is the best possible compromise as it doesn't impair the patches and security updates and represents no conflict of interest.

      Like I said, educate yourself, because you're making yourself look like a fucking dumb ass.

    7. Re:Sorry, no exceptions to mathematics. by Pieroxy · · Score: 5, Interesting

      You could also give your Dad the code to your iPhone, specially when you're fighting cancer and could die literally any minute.

      If he didn't do it, it *might* be because he wouldn't have wanted his dad anywhere near his phone. But we'll never know now, will we ?

    8. Re:Sorry, no exceptions to mathematics. by NicBenjamin · · Score: 3, Insightful

      The FBI hacked the San Bernardino phone already. That means the FBI/NSA/etc. have the ability to hack pretty much any 5c, themselves, with a rubber-stamp warrant (if they plan on using the evidence in Court), or no oversight whatsoever (if they're only planning on droning their poor victim) on any 5c (and from Apple's court filings, a hack that worked on the 5c was uncomfortably likely to work on more recent models as well).

      What are the odds the guy who sold the hack to the FBI isn't in negotiations with the Chinese, the Russians, the Angolans, the Emiratis, etc.?

      Apple won the battle they actually chose to fight (they weren't forced to hack their own tech), but they lost the battle for iPhone 5c privacy completely. By saying no to this guy they protect nothing because there is nothing left to protect.

  2. No by AnotherBlackHat · · Score: 4, Insightful

    The right to privacy doesn't end at death.

    1. Re:No by AchilleTalon · · Score: 2

      Say that to Tutankhamun.

      --
      Achille Talon
      Hop!
    2. Re:No by Anonymous Coward · · Score: 2, Insightful

      in some situations, privacy rights of the deceased are gone... HOWEVER... OUR right to privacy doesn't end with someone ELSE'S death.

      apple has policy in place for these circumstances. if they couldn't provide the desired data because said data didn't exist in 'the cloud' then it's NOT apple's fault, nor the fault of the device protections. perhaps the should have communicated with his dying son -- he had cancer, they both KNEW his health was in danger -- and made sure parents could access all of the son's online assets. that is just Will Prep 101 in a digital world.

    3. Re:No by AnotherBlackHat · · Score: 2

      I disagree with your premise that children do not have any rights to privacy, but even if you think that, it's not like this was a secret phone that the parents didn't know about.
      They didn't snoop his phone when he was alive. That sets an expectation that they won't after death either.

      If you wouldn't do it while they're in the room, you shouldn't do it when they're not.

    4. Re:No by Sir+Holo · · Score: 3, Interesting

      The right to privacy doesn't end at death.

      By law, it does. Once dead, you are no longer a person.

      So, leave a will or similar. Cache all of your passwords in a two-factor form (two people who don't know who the other is, nor what the other's instructions are RE password determination). Your will can disclose this little dance they have to do. IANAL, but believe that a will is A/C privileged and/or private, so reduced risk there.

    5. Re:No by RLaager · · Score: 2

      If someone living knows that their private data could become public after their death, it may affect what they store while they are alive. Thus, providing some level of privacy protection to dead people may be beneficial to living people.

  3. Have you all lost your minds? by Anonymous Coward · · Score: 4, Insightful

    Where is Spock when you need him?

    This elevation of blubbering hysteria to a right that defeats all laws and principles is pathetic. The same thing happened with Google's Mic Drop Send feature, screamy proles demanding apologies.

    Do people not play board games any more? You're supposed to look one or two moves ahead, even if it's just checkers.

    Finally, "exceptional cases like mine," except that it isn't an exceptional case. It's an emotional case. It's a _less_ exceptional case than the last one where they refused.

  4. minor? by Anonymous Coward · · Score: 2, Interesting

    As a minor, they are unable to enter into contract. Therefor the phone belongs to the father in the first place.

    1. Re:minor? by Anonymous Coward · · Score: 3, Insightful

      Then he should have known the password and made sure it was synced properly.

      It also doesn't matter who legally owns the phone, since Apple is UNABLE to unlock it.

      I used to work for a carrier, we'd have to tell people to wipe their phone all the time when they didn't know the password.

    2. Re:minor? by Lumpy · · Score: 2

      "Next, if Apple is unable to unlock it, there is an israeli firm the FBI made claims but submitted zero proof of their ability to unlock it."

      FTFY. The FBI made a claim with zero proof they did what they claimed. and the FBI is as trustworthy as the CIA,NSA, and Congress.

      --
      Do not look at laser with remaining good eye.
  5. I don't believe it for a second by ModernGeek · · Score: 4, Insightful

    This is obviously the government trying to sway public support, the entire story being a red herring.

    --
    Sig: I stole this sig.
    1. Re:I don't believe it for a second by TheGratefulNet · · Score: 4, Insightful

      they will try ANY and EVERYTHING to pull at our heart-strings.

      "PLEASE!!! we have a REAL reason this time! oh, pretty please with sugar on top??"

      my god, this is pathetic. while its understandable that the 'issue' here is upsetting, it may not be real - and even if its real, its still a privacy attach by you-know-who against the rest of us.

      the governments are showing their true colors right now. some level of evil that we have not even seen on villian/superhero style movies.

      they will keep at it, trying to emotion-us into giving them total panopticon powers. we have to stay vigilent and refuse every attempt to destoy privacy via 'emotional cases' like this.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:I don't believe it for a second by amxcoder · · Score: 3, Insightful

      This was my first knee-jerk reaction as well. Right after they couldn't win a court case involving the same thing, it's convienient that now a personal more heart touching request is being made by a non-government agency. This raised red-flags immediately when I read.

      While I feel for the guy, and understand the reason behind his request, my next logical reaction was "why didn't you get the password from your son before he passed away?". If it was a sudden, unexpected death, like a car accident or something then I understand not having plans for that, but this was cancer... he had time (maybe little, maybe a lot (while for the family, not enough time in general), but there WAS time to get that info from him while he was alive. Or to have the son take his password off the phone so it was unlocked and not protected at all.

      I understand when a family is going through something like this, they don't want to think of all the things that need to be done on a rational level, but this proves that you still have to think of and deal with issues while you can if you are going to consider them important after the fact.

  6. This, even with this whopper of a fallacy by s.petry · · Score: 5, Insightful

    First, my condolences to the father. My kid is in college now, but I would have taken his phone away if he locked me out of it. Why? Trust is always a two way street. Sadly many people neglect that fact, which results in issues like TFA is appealing and a massive amount of social problems. Your kid giving you the password does not indicate that you have to use it, and in a healthy relationship the parent would not even have to ask. The parent not using the password to snoop is the opposite direction on that two way street. Parents need to learn that lesson, or continue down the same old path of "I can't access my kids phone after something happened to them.", and "I never knew my kid was on drugs.", and "I never knew they were seeing an older person which led to something bad.", etc.. etc.. you get the point.

    The reason I called this a whopper of a fallacy is that it's an appeal to emotion on a massive scale (child, death, personal loss, disease). No matter how many appeals to emotion you stack up, it's still an appeal to emotion and fallacious argument.

    The fact that this massive appeal comes from an adult reeks of propaganda. Adults are often foolish enough to attempt to use an appeal, but media is usually better about not using them when they are so obvious. If it's a legit person and request, I can hope that they learn to rationalize their thoughts and then teach others to do the same.

    --

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

    1. Re:This, even with this whopper of a fallacy by TheGratefulNet · · Score: 2, Insightful

      you will be called names (like I was, in my similar post).

      those who try to get their way (gov shills, mostly, trying to erode the actual discussion, here, with noise and distraction) will keep at it and pick at OUR emotions.

      don't weaken, brothers! we have to stay strong and not allow those who would destroy what little privacy we still have left, for their personal power-grab needs.

      it does not matter WHAT emotional-tug reasons they give. we have to stay strong and ignore any insults they throw at us.

      when they start name-calling, you know they have run out of any rational arguments to support their cause. this is all they have and we need to be smarter about it so that we don't get USED like we got used during the US patriot act. they played us like fools and we have still not recovered from that trainwreck of a law.

      --

      --
      "It is now safe to switch off your computer."
    2. Re:This, even with this whopper of a fallacy by fluffernutter · · Score: 2

      I hope you are not referring to my previous post in which I pointed out that you called yourself a monster.

      --
      Laws are rules for the court, but merely a bottom bar to hit for life. Think beyond laws in your actions always.
  7. this isn't a problem for Apple by ihtoit · · Score: 3, Informative

    They unlocked my late mum's iPhone last October after they were shown the death certificate. No problem.

    --
    Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  8. Re:Apple needs to stand up to the FBI... by TheGratefulNet · · Score: 5, Insightful

    if the kid, knowing he was going to die soon, did not export or 'share' his photos, why do you think the father has as right to them?

    this was not a sudden car crash. they knew this was going to happen and the father did not get the son to open his phone for him, to at least send over the things that -should- be shared?

    how is this a problem that should be solved by the world; and not a parent-and-son-ONLY problem?

    we feel for you. but asking now is, well, a bit of poor planning. and no, the world does not just simply weaken its security because of emotional appeals.

    the 'patriot act' was done 100% on emotional apppeal, and look where THAT got us! nothing good came from patriot act. and nothing good EVER comes from laws or policies based on pure emotion.

    --

    --
    "It is now safe to switch off your computer."
  9. What have we become by Dunbal · · Score: 3, Insightful

    "Don't deny me the memories of my son,"

    What the actual fuck?

    --
    Seven puppies were harmed during the making of this post.
    1. Re:What have we become by thegarbz · · Score: 2

      "We" haven't become anything. The world has always had its share of stupid idiots.

  10. Next up by ArchieBunker · · Score: 2

    We have this pedophile who could strike in YOUR neighborhood next! We need to decrypt his phone before he gets to your children.

    --
    Only the State obtains its revenue by coercion. - Murray Rothbard
  11. Re:Apple needs to stand up to the FBI... by TheGratefulNet · · Score: 3, Interesting

    policy (what this is about; its not/never about a single 'phone') should never be made by those who are under emtional stress. this is what gave us the patriot act.

    you want more of that shit? then let grieving this and that make our laws. we'll be 100% reactionary and create 10x as many laws for every 'upset parent' in the world.

    someone has to stand up and say 'enough is enough' and those who had a tragedy occur are NOT the ones who should ever get to define new laws or rules that the rest of us have to endure.

    this is not about compassion; (nice try gov shill) but its about stopping the ever-encroaching 'appeal to emtion' that is crippling this country. yes, crippling. and it has to stop.

    call me a monster. I could give a shit what you think about me. the point is that RATIONAL people don't make laws for shit like this.

    lots of bad things happen to people, but that's life. it sucks. life sucks, overall. what do you want; every single emotional appeal to justify new public policy?

    again, you're an idiot or a shill. go fuck off. we see thru your shit and are not buying it.

    --

    --
    "It is now safe to switch off your computer."
  12. Re:Apple needs to stand up to the FBI... by Lumpy · · Score: 2, Insightful

    It's called, "you give your code to your parents unless you can afford your OWN $500 phone and your own $50 a month cellphone plan and can sign a contract yourself"...

    Boo Hoo all you under 18 kiddies.. you don't get privacy until you can pay for it yourself. Life sucks get used to it.

    --
    Do not look at laser with remaining good eye.
  13. They tried that by Theaetetus · · Score: 4, Informative

    Last fall Apple staff attempted to retrieve the photos from their cloud-storage service, but the iPhone hadn't been synced before the 13-year-old's death.

    They can give you access to the cloud storage account, and all synced data. They can't decrypt the phone.

    1. Re:They tried that by ihtoit · · Score: 2

      no they don't because if it's a phone with a Secure Enclave, THEY CAN'T.

      --
      Political debates have me rolling my eyes so much I think I got optical whiplash. I should sue. - Foamy The Squirrel
  14. Re:Apple needs to stand up to the FBI... by TheGratefulNet · · Score: 3, Insightful

    fuck off and die.

    those who would weaken security for 'think of the children!' bullshit deserve nothing.

    peddle your FUD elsewhere. we're not buying it. we've been thru this too many times to be fooled by this tactic again.

    ever see the liberty statue? there's a blindfold there for a reason, mate.

    --

    --
    "It is now safe to switch off your computer."
  15. Apple has built a solution for this situation by perpenso · · Score: 2

    Sorry, there is literally no way for Apple to build into a phone or an OS a way to unlock it for situations like this that won't also be vulnerable to governments and hackers.

    Apple already has a solution for this situation on iPhones and iPads with fingerprint recognition. Teach it the fingerprints of both the child and a parent.

  16. Re: It's sad, but should have thought ahead by BarbaraHudson · · Score: 2

    Good way to model how trust is supposed to work - NOT IN A MILLION YEARS. What else do you do - spy on them in the bathroom or stick an IR camera in their bedroom to catch them masturbating? Send drones to follow them wherever they go? Throw a fit when they don't want to friend you on Facebook because they don't want you to embarrass them?

    --
    "Transparent" is a shit show that trades on every stereotype going. A man in drag is NOT a transsexual.
  17. Re:Trust, but verify by brantondaveperson · · Score: 4, Insightful

    The boy was thirteen. That's not very old, and in my opinion not old enough to own a device with bullet-proof industrial-grade security that admits the parents literally no possibility of access. Children deserve privacy, and thirteen is still very much a child, but they still live in the house, and their parents are still legally responsible for many of their actions.

    I have all my kids passwords, and unlock codes, and security questions, and iCloud keychain passcodes, and so on, securely stored elsewhere. This is mostly because children can't be relied upon to remember passwords, but also because they are my responsibility, and so their data is my responsibility too.

  18. Re: Trust, but verify by matt_hs · · Score: 2

    I don't know how old you are. But guaranteed: I've been your age, you've not been my age. I'm a parent, you're not. Guaranteed.

    If you suspect something serious is going on (because they keep hiding the screen every time you're around for example) then you ask them to show you. Basically it's "I trusted you but you're acting very suspicious, what are you hiding?" and now they know it's their fault.

    Try this hypothetical on for size:

    Me: Kathryn, you keep hiding your phone. What's going on?
    Kathryn: Nothing, dad!
    Me: I want to see it.
    Kathryn: No, dad!
    Me: Show me now.
    Kathryn: (angrily) Fine!
    Me: (read texts between her and her aunt and grandparents about a surprise party for my 50th birthday . . .)

    Now tell me she won't have that same sense of betrayal and that same sense of "you don't trust me."

    If I was a kid these days and my parents required the passcode to my phone I'd just save up some money until I could buy an older used phone and use that for my private communication. Check the "compromised" device all you want. And if I got into some kind of trouble, they would not be the people I'd go to for help. It would be a teacher or guidance counselor as I would trust them more than my parents.

    With that attitude, if you were my child, you wouldn't have an electronic device. And if you went and got one behind my back, tacit proof you are untrustworthy.

    This is proof enough you know zilch about parenting. You see, in the old days, like when I was raised, parents were parents. Any sense of friendship was secondary. Parents were the authority figures. That doesn't have to mean they were dictators -- but as a child you knew they were in charge. When necessary, "Because I said so" was a perfectly appropriate answer to a child asking, "Why?" Because in life, like at your job, that may be the answer. And your boss will expect you to execute on it. And if you don't you're out of a job.

    Your parents are in charge until you're 18. What you have access to, they have access to. Everything you have is a convenience and a kindness afforded to you by your parents. Legally they are responsible for you. You go out and get a job because they say you can -- you have no autonomy under the law. Parents can get in trouble for not knowing what their children are doing. Note that I have never accessed my daughter's phone without her knowledge or permission. But I can in the event that i need to. Why? Because I am the parent. Because I am in charge. And that IS the way it is. And my daughter knows I love her and I trust her. We have a great relationship. But until she's 18, I have the ability to access anything she can access. And that's just the way it is. If she wants to change all of her passcodes when she turns 18, she's welcome to do that and I've told her that. But because I am in charge, and because of my legal responsibility for her and her actions, I will have that ability or she won't have a phone. Or an iPod. Or a laptop. Or whathaveyou.

  19. Re:Already supports multiple passwords ... by perpenso · · Score: 2

    When entering the parent's fingerprint you can also agree on a passcode.

  20. Re:Trust, but verify by Jason+Levine · · Score: 2

    My oldest son is 12 (turning 13 soon) and I recently gave him an e-mail address to use for class. I informed him that I have the password to his account so I can check it to make sure he's being safe online. I also told him if he tries changing the password without first informing me (whether because he wants to keep me out or whether he fears someone else knows his password), I've taken steps to allow me to reset the password and re-gain entry.

    I'm sure that he'll eventually earn enough trust to have an e-mail account (and one day social media accounts) without me constantly looking over his virtual shoulder, but he'll need to earn it.

    --
    My sci-fi novel, Ghost Thief, is now available from Amazon.com.