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FBI Tells Local Law Enforcement It Will Help Unlock Phones (buzzfeed.com)

Salvador Hernandez, reporting for BuzzFeed: Just days after breaking into a terrorist's iPhone using a mysterious third-party technique, FBI officials on Friday told local law enforcement agencies it will assist them with unlocking phones and other electronic devices. The advisory, obtained by BuzzFeed News, was sent in response to law enforcement inquiries about its new method of unlocking devices. Though the dispatch does not explicitly state if the FBI will use the mysterious third-party method to unlock phones for local authorities, officials said the agency "will of course consider any tool that might be helpful to our partners."

255 comments

  1. Will it help? by 110010001000 · · Score: 0

    Will it help Slashdot support Unicode properly?

    1. Re:Will it help? by diesalesmandie · · Score: 0

      Will it help Slashdot support Unicode properly?

      I prefer to not have Unicode than a load of unwanted spam

      --
      This is my sig, there are many like it but this one is mine
  2. Doesn't matter by louden+obscure · · Score: 2

    The purpose of a lock is only to keep honest people honest.

    --
    Serenity now, insanity later.
    1. Re:Doesn't matter by SJHillman · · Score: 1

      Some people say guns are there to keep an honest government honest. Maybe mount little nerf cannons on the next iPhone.

    2. Re:Doesn't matter by Opportunist · · Score: 2, Interesting

      The purpose of a lock is to keep my stuff mine. Yes, even and especially against governments.

      Do I have something to hide? None of your business.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    3. Re:Doesn't matter by tom229 · · Score: 0

      And the purpose of a battering ram is to remove your lock when there's reasonable suspicion you are a criminal. Criminals have reduced rights.

      --
      If it ain't broke, don't fix it.
    4. Re:Doesn't matter by Opportunist · · Score: 2

      Yes, but it's not my duty to make it easy for you to break down my door. You could have knocked and I would have opened. And with a search warrant, I even would have let you in.

      --
      We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
    5. Re:Doesn't matter by Lumpy · · Score: 1, Interesting

      It's also illegal to fortify your home. Honest people have even fewer rights.

      --
      Do not look at laser with remaining good eye.
    6. Re: Doesn't matter by valdezjuan · · Score: 1

      I assume you mean suspected criminals have less rights since they need a warrant to bust down your door or exigenct circumstances. Neither one of those is a conviction. The problem is that they can get a warrant for damn near anything. =\

    7. Re:Doesn't matter by Geoffrey.landis · · Score: 4, Insightful

      One of the two will happen because one of the two need to happen to continue to function in a lawful society.

      No. False choice. The other option is that police departments must use other methods to prove crimes.

      --
      http://www.geoffreylandis.com
    8. Re:Doesn't matter by tom229 · · Score: 1

      It's not a false choice. When key evidence is behind locked doors you need a way to access it. This is precisely why we have search warrants.

      --
      If it ain't broke, don't fix it.
    9. Re: Doesn't matter by tom229 · · Score: 1

      If the problem is the liberal distribution of warrants, as you suggest, then why not focus efforts on correcting the core problem instead of perpetually trying to manage it's symptoms, and uselessly arguing the ideological implications of such?

      --
      If it ain't broke, don't fix it.
    10. Re: Doesn't matter by Anonymous Coward · · Score: 1

      No, false choice. Our law enforcement has been descending into an abyss of thuggery, stealing cash from people on the road, using surveillance devices without warrants and lying to judges about it, shooting dogs when visiting homes, using force far more often than necessary, lying on police reports and being contradicted by video far more often than not.
      It should be difficult for these people to just go rolling around gathering info when they feel like it. They do not have the best interests of society at heart.

    11. Re:Doesn't matter by TheReaperD · · Score: 2

      Umm... Not quite. You can put all the steel doors, armored windows and redundant locking systems you want on your house. You can even live full time in a vault if your that paranoid. This is the same as putting strong encryption on your phone. Both are perfectly legal and should remain so. Where your home security slips into illegal territory is when you convert it into a weapon with things like spring-loaded traps with a shotgun, poison gas or any other equipment to maim and kill. This would be the same as equipping your phone with a taser or other such device to release electrical charges when you fail to unlock the phone; which is also illegal. So your statement doesn't hold up as the legality of the defences of your house and phone are fairly equivalent.

      --
      "Be particularly skeptical when presented with evidence confirming what you already believe." -
    12. Re: Doesn't matter by Anonymous Coward · · Score: 0

      What do you mean 'key evidence' ? If it was evidence, it could be used in court. It is not evidence yet.

      Your mind contains key evidence. Should I force you to write it down so I can use it?

    13. Re: Doesn't matter by Anonymous Coward · · Score: 0

      Pen paper and fire. We need to outlaw all three. Together, they allow you to write a secret message, then destroy it so no one can ever read what was written.
      Please help me get the legislation passed before the terrorists learn of and abuse this technology.

    14. Re: Doesn't matter by Anonymous Coward · · Score: 0

      If Acme Unbreakable locks are illegal and all commercial locks are breakable, the terrorists will make their own unbreakable locks.

    15. Re: Doesn't matter by tom229 · · Score: 1

      Key evidence is always physical evidence. That's why search warrants are such an important thing. I could have evidence that your power bill tripled overnight, and show the court the increased heat signature of your house from an arial view during the same time period. However, reasonable doubt would still exist until I could present a pot plant physically pulled from your basement. Key evidence on a phone could be correspondance, pictures, and video.

      --
      If it ain't broke, don't fix it.
    16. Re: Doesn't matter by tom229 · · Score: 1

      Sounds like we should probably work with our government to make sure normal law abiding citizens still have the right to lawfully use Acme Unbreakable locks, while also ensuring we can easily deter the effectiveness of their use in criminal activity. If only we could do this responsibly somehow. I dont know, maybe through presenting special evidence to a third party legislator and getting them to write a special order. Maybe we could call that a warrant? Im just throwing out ideas here.

      --
      If it ain't broke, don't fix it.
    17. Re: Doesn't matter by Bing+Tsher+E · · Score: 1

      why not focus efforts on correcting the core problem instead of perpetually trying to manage it's symptoms, and uselessly arguing the ideological implications of such?

      This is Slashdot, which furthermore, is on the Internet.

    18. Re:Doesn't matter by gnasher719 · · Score: 1

      Let's assume you purchased an unbreakable lock from Acme Inc. There's reasonable suspicion you've comitted a crime and we need access to your locked items to prove it. Society needs to function in a way that we can identify and prosecute criminals so there are two options:

      Let's assume some conspirators conspire without writing anything down about their plans. There is reasonable suspicion they have committed a crime and we need access to the thoughts locked in their brains to prove it. Society needs to function in a way that we can identify and prosecute cimrinals so there are two options...

      Your argument is nonsense. There are plenty of criminals who are not identified, prosecuted, or convicted, and society functions just nice. The police _wants_ evidence (but only sometimes, when it's a less interesting case you can _hand_ them the evidence on a silver platter and they _still_ do nothing).

      And Acme Inc has not done anything wrong. They are not criminals. One of their customers is a criminal, but Acme isn't. So why should the state have any way whatsoever to force them to do something?

    19. Re:Doesn't matter by tom229 · · Score: 0

      And Acme Inc has not done anything wrong. They are not criminals. One of their customers is a criminal, but Acme isn't. So why should the state have any way whatsoever to force them to do something?

      Because they were presented with a warrant, from an independent judge, to do so. They are free to argue that warrant is unlawful, but there is precidence for asking companies and individuals to cooperate with law enforcement.

      --
      If it ain't broke, don't fix it.
    20. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Just as importantly, they OWN the lock, so they are the proper target of the warrant.

      Acme and its licensors retain ownership of the iOS lock itself and reserve all rights not expressly granted to you. You agree that the terms of this License will apply to any Acme-branded app that may be preinstalled on your iOS lock, unless such app is accompanied by a separate license, in which case you agree that the terms of that license will govern your use of that app.

    21. Re:Doesn't matter by Travelsonic · · Score: 1

      Exactly. Privacy, irrespective of if used for good or bad, is hiding, and something everyone uses (not sharing SSID #s for example, keeping locks on your doors, making sure valuables left in cars, if that needs to happen, are kept out of view to throw off car thieves, etc).
      People, when talking about the matter, need to stop focusing on the act of hiding itself, given the common uses for bad AND good that EVERYBODY uses it for, and focus on the WHY moreso, as that can be more pinpointed, if you get what I kinda am trying to mean. XD

      --
      If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
    22. Re:Doesn't matter by KGIII · · Score: 4, Insightful

      Or we can accept the loss and not set the precedent that the government always wins by use of force. Yes, sometimes it's essential that bad things happen to otherwise good people. In fact, the only way to prevent that from happening is to disallow all freedoms or, alternatively, disallow all humans.

      I really tire of this trend toward cowardice and pipe dreams. You will not have a lawful society, ever. That doesn't mean don't outlaw anything. That means establish punishments and impose reasonable restrictions on the government - and on the people. If we can make a lock that the government can't get into, then fuck 'em. Yes, shit's gonna happen. Sorry but that's the price you pay to live in a free society.

      By the way, this is the same reason it's true for firearms, driving, owning a sharp steak knife, being allowed to speak, being able to eat steak, go skydiving, swim, run, jump, skip rope, being allowed to worship, etc...

      And some of those aren't even RIGHTS - they're privileges. Privacy, by means of the 4th *and* 5th is pretty much an important fucking concept. There's shit the government can not do. That MEANS bad shit is going to happen. Deal with it. Stop trying to take away my liberties because you're scared. Your fear is not a good reason to take away my liberties - even if I don't USE those liberties. I want them ALL. In fact, I want as many as I can get while still retaining a cohesive, tolerant, and functional society.

      That means accepting that shit happens sometimes and doing what you can to clean up afterwards - as well as taking reasonable precautions. Giving the government carte blanc to open anything they damned well please, when they've already demonstrated they can't be trusted - especially with the fucking search warrants, is certainly not on the list of reasonable precautions. Hell no...

      Why are you so eager to give up my liberties? They're YOUR liberties too, you know. They're not just mine. Hell, I'll be fine - thanks. I'm more worried about your liberties than you are. Sadly, that's not a joke. That's not funny at all. Me? I can get hell out of the country and be fine all over the globe if I absolutely had to. I have liquid assets stored in non-digital format as well as liquid assets in cash format - stored in a variety of places. Trust me, I'll be fine.

      You, on the other hand, are stuck here. So aren't a whole lot of other people. They just might like to make use of some of those liberties you're happily giving away because you're a fucking coward.

      --
      "So long and thanks for all the fish."
    23. Re:Doesn't matter by igobyjoshua · · Score: 1

      Drone The Grove 2016! Wait... I forgot...... Does Obama dump the screaming new born kids in the fire @ Bohemian Grove during the Cremation of Care Ritual , OR Just the High Priest? "Yes Grandma, for the last time there will be countless wave after wave of Drones flying above the Bohemian Grove streaming the Cremation of Care Ritual to YouTube and CNN, get over it and take your pills silly"...

    24. Re:Doesn't matter by tom229 · · Score: 1

      Sorry, but your paranoia is unjustified. A search warrant is a simple device that is heavily used by law enforcement to solve a very wide assortment of crimes. It's one of their most important tools. As we move more and more towards a digital way of life, there will be a need for digital search warrants. Encrypting data and storing the password in your head is a surefire way to make sure nobody ever gets access to it (until they take a hammer to your knees). But, allowing a company like Apple to have their little software kill switch exist outside the legal scope of digital search warrants is another thing entirely. I'm not sure this argument is what you think it is.

      --
      If it ain't broke, don't fix it.
    25. Re: Doesn't matter by Anonymous Coward · · Score: 0

      Pipe dream...

    26. Re:Doesn't matter by KGIII · · Score: 2

      > Sorry, but your paranoia is unjustified.

      Bullshit and you know it. Show me one time when the government has been unrestricted in its action and things have turned out well for the society or the government. If we can build a lock they can't get into then they can pound sand. That's what's great about liberty - you don't even have to personally use it in order to appreciate it. For example, my phone is not encrypted.

      --
      "So long and thanks for all the fish."
    27. Re:Doesn't matter by KGIII · · Score: 1

      Are you high? Or did Slashdot do that strange thing, again, and eat your citation?

      --
      "So long and thanks for all the fish."
    28. Re:Doesn't matter by tom229 · · Score: 1

      No one wants to make the government unrestricted. This case is about a centuries old tool of law enforcement: authorised search and seizure of private property. Authorised by an independent judge when presented with evidence of probable criminal activity. If you can build a lock people can't get into, great. We can already thank a plethora of encryption technologies for this. If you build a lock with a kill switch on it that destroys all the contents it's protecting and then refuse to help law enforcement circumvent it when it's made clear you can easily do so, but you'd rather use the opportunity for a public relations campaign, then you're in the wrong. And honestly, should probably at least be heavily fined or even serve jail time. So again, I'm not sure you know what this argument is even about. It's not your fault though, the Apple machine has been successfully trying to confuse the issue for some time.

      --
      If it ain't broke, don't fix it.
    29. Re: Doesn't matter by Anonymous Coward · · Score: 0

      There's a difference between a government being unrestricted, and a government having no recourse at all to compel a company advertising a device as supporting criminals to honor a search warrant.

    30. Re:Doesn't matter by ewibble · · Score: 1

      First lets look at these options:

      1) The government can petition Acme Inc with a warrant to break your lock when they have reasonable reason to do so,

      Well actually by definition Acme has not made an unbreakable lock, since it can be broken by Acme.

      2) The government can make Acme Inc locks illegal

      If it is possible to make a truly unbreakable lock anyone who needs an unbreakable lock will simple go to another company, in another country, or make their own. So making it illegal will only damage local industry, because nobody will be buying Acme's intentionally inferior locks, apart from people who don't care about security in the first place.

      As other people have mentioned the third option is just deal with it, sometimes you can't get all the evidence. On the face of it may sound terrible, especially when you put emotionally charged words like terrorism or pedophile in-front of them. However I am sure this scenario happens every day such as people flushing there drugs down the toilet, people putting fake license plates on there car and crashing into my fence (grr), maybe you can't find the body, pedophiles shredding images, and caches on their computers, to terrorists not leaving a paper trail on there phone. The solution is that you use other evidence. Sometimes the guilty get away with it, that is life.

    31. Re: Doesn't matter by Anonymous Coward · · Score: 0

      More likely is 3) the court orders you to unlock your lock or you will be found to be in contempt of the court.

    32. Re:Doesn't matter by Anonymous Coward · · Score: 0

      >When key evidence is behind locked doors you need a way to access it.

      There has *always* been evidence that has been lost. Mostly in mundane ways, evidence on a smart phone or other electronic device should be treated the same way.

      People have always had the option of burning their papers and/or destroying physical evidence. No amount of court orders will get that evidence back. Just like the ultimate form of evidence, the suspects own mind is off limits.

      Encrypted data should be treated as such.

    33. Re:Doesn't matter by Anonymous Coward · · Score: 0

      that's where secret warrentless surveillance and fake 'anonymous tips' comes in to play.

    34. Re:Doesn't matter by Anonymous Coward · · Score: 0

      And the purpose of a battering ram is to remove your lock when there's reasonable suspicion you are a criminal. Criminals have reduced rights.

      Connect a vibration sensitive trigger to a door lined with C4 and the police battering ram and the police will go boom in the early morning.

    35. Re: Doesn't matter by KGIII · · Score: 1

      It's not a warrant. Apple was never issued a warrant. If you don't even understand the basics, don't try to discuss it. Thanks.

      --
      "So long and thanks for all the fish."
    36. Re:Doesn't matter by KGIII · · Score: 2

      What the hell are you trying to say now?

      I don't know, maybe you speak a different language than I do. However, when you prohibit the construction of a device that is impossible for government interception (even lawfully) that's unrestricted in my book.

      At this point, I lack both time and energy to educate you on your rights and why they're important. Answer my question and then we'll continue.

      Show me one time when the government has been unrestricted in its action and things have turned out well for the society or the government.

      When the government outlaws the ability to create something they can't access that's pretty fucking unrestricted to me. And don't give me the, "Oh but they're still not allowed to murder us like dogs in the street" type of shit either. I've no patients to willful and abject stupidity today but, I tell you what, if you seriously don't see what's wrong with your statement then respond to my quoted text. Show me one... Just one... Show me one government that's disallowed that isn't a tyranny.

      Hint: You can't. They don't exist. They've never existed. They're never going to exist.

      You can have liberty or you can have a fake sense of security that does nothing but encroach on our collective liberties or strip them entirely. I can't believe I'm having to explain this to a grown adult. I seriously can't understand this. Are you fucking broken? Seriously, are you? I'll try to help you out but my patience is really thin right now - I've read your other comments.

      --
      "So long and thanks for all the fish."
    37. Re: Doesn't matter by Anonymous Coward · · Score: 0

      No one has reduced rights until actually convicted of a crime.

    38. Re:Doesn't matter by Darinbob · · Score: 1

      This is not key evidence. They don't know what's on the phones, they only hope that there might be evidence.

    39. Re:Doesn't matter by Zaelath · · Score: 1

      That explains all the illegal shredders I see being sold out of the back of trucks in back alleys.

    40. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Encrypting data and storing the password in your head is a surefire way to make sure nobody ever gets access to it (until they take a hammer to your knees).

      This is not new. If you have been given a legal order you have always had the option of non-compliance. Contempt of court handily addresses this issue without need for new powers or insecure technology.

    41. Re: Doesn't matter by Anonymous Coward · · Score: 0

      The point is they don't know if there is any evidence at all. They speculate that there *may* be evidence, but they certainly can't know if it is "key".

    42. Re:Doesn't matter by exomondo · · Score: 1

      When key evidence is behind locked doors you need a way to access it.

      But that is not the case at all. Not only does it seem there was "no key evidence" found in this case but the authorities did not know what might be on the phone nor could they even come up with a reasonable explanation for what they thought might be on there that needed access to, in fact their best attempt was their ridiculous "dormant cyber pathogen" hypothesis.

    43. Re: Doesn't matter by exomondo · · Score: 1

      I could have evidence that your power bill tripled overnight, and show the court the increased heat signature of your house from an arial view during the same time period. However, reasonable doubt would still exist until I could present a pot plant physically pulled from your basement. Key evidence on a phone could be correspondance, pictures, and video.

      Right so that's why search warrants exist, so that based on the presented power bill and heat signature you could obtain a warrant to retrieve that plant from the basement. Correspondance saying that said plant exists or pictures of a plant are themselves not very compelling until you produce the plant from the basement, if you turn up and there are no plants in the basement then the non-physical "evidence" on the phone isn't much use.

    44. Re: Doesn't matter by tom229 · · Score: 1

      Except pictures of you loading the gun used in the crime, or building the bomb, or scheduling the crime with a known accomplist would be critical evidence. To suggest that a mobile phone, owned by a suspect, wouldn't contain critical evidence in any criminal case takes an amount of naivety I'm not sure I'm ready to deal with.

      --
      If it ain't broke, don't fix it.
    45. Re:Doesn't matter by Anonymous Coward · · Score: 0

      A search warrant is a simple device that is heavily used by law enforcement to solve a very wide assortment of crimes.

      Right but they didn't serve Apple a search warrant.

      As we move more and more towards a digital way of life, there will be a need for digital search warrants.

      Perhaps, but there is no such thing and digital evidence is a lot easier to destroy than physical evidence and often leaves no trace. Very often the physical evidence that exists is the remnants of the attempt to destroy that evidence.

      But, allowing a company like Apple to have their little software kill switch exist outside the legal scope of digital search warrants is another thing entirely.

      But "digital search warrants" dont exist, how can it be outside the scope of something that doesn't exist?

      If you were running Android you could encrypt the device and have your own little killswitch, are you suggesting they try to somehow make that illegal?

    46. Re: Doesn't matter by exomondo · · Score: 1

      Except pictures of you loading the gun used in the crime, or building the bomb, or scheduling the crime with a known accomplist would be critical evidence.

      But you wouldn't know if such circumstantial evidence even exists, in fact it probably doesn't. Like in the very instance we're referring to, whatever evidence may have existed was simply destroyed on burner phones.

      To suggest that a mobile phone, owned by a suspect, wouldn't contain critical evidence in any criminal case takes an amount of naivety I'm not sure I'm ready to deal with.

      Case in point: The san bernadino shooter's one didn't.

    47. Re:Doesn't matter by WorBlux · · Score: 1

      Apparently "`Unbreakable lock" is just a marketing gimmick so the government can also
      3) Hire a really good locksmith.

    48. Re: Doesn't matter by redmid17 · · Score: 1

      Key evidence is always physical evidence. That's why search warrants are such an important thing. I could have evidence that your power bill tripled overnight, and show the court the increased heat signature of your house from an arial view during the same time period. However, reasonable doubt would still exist until I could present a pot plant physically pulled from your basement. Key evidence on a phone could be correspondance, pictures, and video.

      That would require a search warrant for the cops per Kyllo_v._United_States. The irony of that example in this particular debate is not lost upon me and I hope it's not lost on others.

    49. Re:Doesn't matter by WorBlux · · Score: 2

      How the fuck is code supposed to distinguish between a valid court warrant, and the corrupt IT guy who sold the government's backdoor key to a North Korean intelligence agent? The Code doesn't care and can only follow instructions. The jurisdiction of U.S law is not global and any exception carved out for the US will be given at the very least to all of the EU nations and the G13, which includes Russia and China, potential economic and military adversaries of the U.S in the future.

      Additionally Apple is irrelevant as a company. There is open source and manufacturing capacity out there that people can maintain a non-backdoored phone in one-off groups buys from fly-by night operators.

      Strong encryption is a vital aspect of any free culture in a digital era. The benefits are such that I willing to accept them even if it means on rare occasions very bad people get away with bad things or it more costly to investigate and convict such activities. There is no technological protection that can stop the back-doors of the "good guys" today from becoming the back-doors of the "bad guys" tomorrow. There is also no mechanism compatible with a free society that could actually stop a determined group of people from developing software and building devices that actually implemented strong encryption without the backdoor.

    50. Re:Doesn't matter by WorBlux · · Score: 1

      The kill switch is necessary to prevent brute force attacks from unauthorized users of the phone. It provides a real security purpose and protects real users in real use-cases. It was not designed for the purpose of thwarting legal investigation, it is largely an unintended and necessary effect of the prior mentioned protection.

      Apple had good reasons for challenging any warrants issued. Reason supported by case law and affirmed in by Magistrate Judge James Orenstein in a related mater. While Apple could build what the FBI requested having such a creature in the wild would be very detrimental to apple. Such a build also runs afoul of freedom of speech, coercing creative expression, and coercing a digital signature. Every other country would also want a piece of this back-door, increasing the liklihood of escape into the wild and into the hands of the very same people the feature was intended to protect against.

    51. Re:Doesn't matter by WorBlux · · Score: 1

      Countermeasure that maim and kill are illegal. Countermeasure that merely distract, confuse, or discomfort are quite legal.

    52. Re: Doesn't matter by Anonymous Coward · · Score: 0

      Society functioned fine without total government oversight before. And crime is at a 45+ year low

    53. Re:Doesn't matter by meerling · · Score: 1

      Well that explains what kind of people the FBI have, and they are so keen to break locks.

    54. Re:Doesn't matter by meerling · · Score: 1

      Hell, if a backdoor exists, someone will find it, and it will be abused.
      Often time little secrets like that are abused and also leak from the very people that were entrusted to keep it.
      That's why no security firm that's not a scam will ever include a backdoor.

    55. Re: Doesn't matter by meerling · · Score: 1

      Using encryption isn't criminal, in fact, it's very import to many things, including business.
      I'm aware of no company in this country that was "advertising a device as supporting criminals".
      If you try to imply that Apple was doing so by it's encryption, then you are also implying that every ad for a fast car is as well.
      You're logic fails. I'm not saying you can't score points in the discussion, but you are going the wrong direction here with such unsupported statements.

    56. Re:Doesn't matter by Anonymous Coward · · Score: 0

      Ahem...

      Oklahoma has a new law that makes it a crime to “fortify” a citizen’s home against possible entry by law enforcement.

      State Rep. Sue Tibbs was one of the sponsors of a bill that makes it unlawful for “any person to willfully fortify an access point into any dwelling, structure, building or other place where a felony offense prohibited by the Uniform Controlled Dangerous Substances Act is being committed, or attempted, and the fortification is for the purpose of preventing or delaying entry or access by a law enforcement officer, or to harm or injure a law enforcement officer in the performance of official duties.”

      The law took effect Nov. 1.

      The law states that to “fortify an access point” means to willfully construct, install, position, use or hold any material or device designed to injure a person upon entry or to strengthen, defend, restrict or obstruct any door, window or other opening into a dwelling, structure, building or other place to any extent beyond the security provided by a commercial alarm system, lock or deadbolt, or a combination of alarm, lock or deadbolt.

      The law carries punishment of imprisonment of not more than five years or by a fine up to $10,000 or by both.

      Most states have this law in place, so lunpy is correct and you assume that a cheap steel door is going to stop anyone.

    57. Re:Doesn't matter by Sabriel · · Score: 1

      That wording is present tense, not future tense: "_is_ being committed, or attempted" (emphasis mine). So unless there's a part you've left out, that uses future tense, it's only illegal if you're already committing some other felony.

    58. Re: Doesn't matter by Maritz · · Score: 1

      "Here's me loading the gun. I like the way the light glistens off the slide rail."

      "Look - I'm building the bomb in this one."

      "Oh oh look - me and Ali scheduling the crime. Can you believe his T-Shirt? LOL!!"

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    59. Re: Doesn't matter by Maritz · · Score: 1

      I'm afraid that both you and reality are hopelessly naive.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    60. Re:Doesn't matter by Maritz · · Score: 1

      I think this guy is going to have a problem with law enforcement not having the keys to crypto. Perhaps it's just Apple he wants to comply. Maybe he'll also want Samsung, HTC, Huawei, Sony to comply. Perhaps he'll ask mathematics not to make factoring primes so fucking difficult. Maybe he's gonna campaign for P to fucking NP.

      Maybe he's happy to have his own secrets but not so cool with others having theirs.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    61. Re:Doesn't matter by Maritz · · Score: 1

      Strong encryption is a vital aspect of any free culture in a digital era. The benefits are such that I willing to accept them even if it means on rare occasions very bad people get away with bad things or it more costly to investigate and convict such activities. There is no technological protection that can stop the back-doors of the "good guys" today from becoming the back-doors of the "bad guys" tomorrow. There is also no mechanism compatible with a free society that could actually stop a determined group of people from developing software and building devices that actually implemented strong encryption without the backdoor.

      Watch as I mercilessly destroy your whole argument:

      Terrorism.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    62. Re:Doesn't matter by Maritz · · Score: 1

      People are going to encrypt things, successfully, regardless of what Apple gets forced to do. I bet you really don't like that, but it's true. Police need to find other ways to work. You are coming up against math and you're going to come unstuck unless you make a quantum computer.

      Let's imagine you get your way and law enforcement get limitless retries and the data doesn't get destroyed. It is TRIVIALLY EASY make the encryption so strong, or the keys so long, that it doesn't matter how many fucking retries you get.

      How do you legislate then?

      People have a right to privacy. When that gets the way of police catching criminals.... tough shit. Find another way. You weren't able to read people's fucking minds 100 years and you still can't.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    63. Re: Doesn't matter by Maritz · · Score: 1

      That's a quotable. Well done

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    64. Re: Doesn't matter by Maritz · · Score: 1

      The locks are too fucking effective bud. Stop kidding yourself and just accept that for fucks sake. Police are just humans and are subject to the same limitations. Your entire mindset is a dream to tyrants.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    65. Re:Doesn't matter by Maritz · · Score: 1

      A cryptographic solution is just a system. Input is clear text. Output is cypher text. You're going to the people who make the system, with the cyper text, and DEMANDING that they change it to clear text. They're laughing because only someone without a clue would ask them to do that in the first place.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    66. Re: Doesn't matter by Maritz · · Score: 1

      Allow me to succintly retort:

      Terrorism.

      ;)

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    67. Re:Doesn't matter by Maritz · · Score: 1

      I'll not hold my breath waiting for your confirmation that you were corrected by replier below.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    68. Re: Doesn't matter by Maritz · · Score: 2

      Great analogy. Don't treat the symptoms, treat the disease. Of course in medicine they tend to do both, but that doesn't really support your argument so let's downplay that aspect shall we...?

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    69. Re:Doesn't matter by WorBlux · · Score: 1

      Considering that the average Joe is more likely to be killed by a cop than a terrorist... Boo hoo.

    70. Re:Doesn't matter by WorBlux · · Score: 1

      Also consider that the U.S government has been among the largest supporters of terrorism in the twentieth and twenty-first centuries.

    71. Re: Doesn't matter by exomondo · · Score: 1

      I'm afraid that both you and reality are hopelessly naive.

      Reality is naive? Ok then. I'm willing to hear your explanation and what specifically you're trying to refute. Sounds like you're clumsily trying to make a point but you don't know what it is.

    72. Re: Doesn't matter by Maritz · · Score: 1

      Sigh. I actually agree with you. Never mind.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    73. Re: Doesn't matter by Coren22 · · Score: 1

      The dissent thought this line was "unnecessary, unwise, and inconsistent with the Fourth Amendment"[2] because according to Scalia's previous logic, this firm but bright line would be defunct as soon as the surveillance technology used went into general public use, which was still undefined.

      In the dissent Justice John Paul Stevens argued that the use of thermal imaging does not constitute a search, which requires a warrant, because any person could detect the heat emissions. He argued that this could be done by simply feeling that some areas in or around the house are warmer than others or observing that snow was melting more quickly on certain sections of the house. Since the public could gather this information, Stevens argued, there is no need for a warrant and the use of this technique is not unconstitutional. Moreover, Stevens asserted that the use of the thermal imaging device was merely "off the wall" surveillance because it did not detect any "intimate" details of Kyllo's home. Finally, Stevens commented on Kyllo's trying to incorporate something as intangible, fluid and public as heat into the private sphere. He explained, "Heat waves, like aromas that are generated in a kitchen, or in a laboratory or opium den, enter the public domain if and when they leave a building."

      I wonder, if it had been snow melting quicker than normal, would the supremes even have had an issue with it? Also, as Stevens asserts, IR cameras have entered public use, they are cheap enough right now that anyone could buy one.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    74. Re: Doesn't matter by Coren22 · · Score: 1

      Case in point: The san bernadino shooter's one didn't.

      You seem to be asserting something that is not yet known. Are you sure there was nothing on the phone?

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    75. Re: Doesn't matter by exomondo · · Score: 1

      Case in point: The san bernadino shooter's one didn't.

      You seem to be asserting something that is not yet known. Are you sure there was nothing on the phone?

      There certainly doesn't seem to have been. Fact is even with full device encryption and the retry limit they just used burner phones for anything that left a trail of evidence. I really don't think it's that common that a case hinges entirely on getting access to a selfie on the offender's phone of them loading a gun or building a bomb.

  3. What's with the snark? by ScentCone · · Score: 1
    What's with the summary's "TM" tacked on? As if the phone in the San Bernadino case wasn't one that was used by an actual, real, murdering person who embarked on a terrorist attack? That was the very definition of a terrorist attack, making him an actual terrorist. Joking it up with a trademark symbol is joking about a mass murderer's very real, planned terroristic mass murdering in the name of his religion and in support of ISIS. We can argue which flavor of terrorist he was by adding other adjectives ("radical", "Islamist," "jihaddi" or what have you), but there's no question about the style and strategy of his attack: it was meant to be terrorism. That was his purpose (and his wife's). Maybe the summary should be altered to read:

    Salvador Hernandez, reporting(TM) for BuzzFeed

    Of note, in this particular case, the terror was so real that the /. editors couldn't manage to remember how to check for simple punctuation friendly to this platform before blessing the post. Either support unicode (I'm neutral on that), or just take a second to scrub the text. Or, where can I send a few lines of genius code I've come up with, which pre-processes submissions, automagically swapping strings representing curly quotes and apostrophes for universally accepted ones?

    --
    Don't disappoint your bird dog. Go to the range.
    1. Re:What's with the snark? by Stormwatch · · Score: 1

      Encoding error. That was probably a curly apostrophe.

  4. Why? by tom229 · · Score: 0

    Why publish this? The more attention they bring to this, the greater likelyhood someone discovers and fixes the flaw.

    I think it's ridiculous Apple chose to make their little PR campaign with this case, but the FBI needs to hold their cards closer to their chest.

    --
    If it ain't broke, don't fix it.
    1. Re:Why? by Idimmu+Xul · · Score: 2

      why do you think the fbi helping the police unlock iphones is a good thing?

      --
      The problem with slashdot is that most of its users were bullied and stuffed into lockers as kids!
    2. Re:Why? by Anonymous Coward · · Score: 1

      They aren't just talking about the iPhone. This is just the FBI's childish and meaingless response on Apple and others adopting encryption and real security measures.

      The FBI is just being a big baby and dragging it's feet in regard the to inevitable outcome of phones and computers being secure, even from them. There is no reason to take anything they say seriously. They are clearly not an organization anywhere near the frontier of hacking, so them extending an olive branch of sorta to cops is just a joke.

      This is the multi billion dollar organization that had to hire outside hackers to break into an iPhone. This is just PR to try to make up for the fact that they look like fools asking Apple to help them and then asking for outside help. It's 100% proof that the FBI is mismanaged and/or cannot attract real talent. One issue is that almost nobody wants to work for the FBI.

      They don't pay enough and their rules are stupid and no top of their field person is going to want to work under those conditions when they can just NOT do that and force the FBI to hire them as a consultant anyway, but that creates major lag in deal with issues and it's embarrassing and insecure to have to outsource such things.

      Police departments all have the same problems. They can't even come close to hiring enough talent to deal with cyber crimes or any kind of computer forensics. However, the FBI is just not in a position to really help much, they are just not that big of an organization and their IT wing is very weak. I'm sure they are better equipped than police departments, but not by much.

      It's still 100 times easier to secure a phone than it will be for the FBI or police to break it and that doesn't bode well for the future of computer forensics.

      They publish it because it's meaningless PR, not anything real.

    3. Re:Why? by Anonymous Coward · · Score: 1

      I agree that it is a PR case, but I think they are trying to get a bigger PR case by notifying other law enforcement agencies to dig out cases that went unsolved due to being locked out from phones or similar gadgets. If FBI can unlock them and more cases can be solved due to this, then FBI will have more data to support their cases that this technique is something they need.
      So, this is a minor PR case which, I guess, FBI hopes will lead up to a big PR case with good data supporting it (many solved crimes which would have remained unsolved if the phones were to stay locked).

    4. Re:Why? by Anonymous Coward · · Score: 0

      The FBI may be a big baby, but it's a big baby with the power of utterly destroying any citizen's life and taking away everything from them. It's a big baby with immense political power. It's a big baby you don't want to challenge. In nerdy terms, think of the FBI as Charlie X, without any alien non-corporeal life form adoptive parents to take him away should he decide to go on a rampage. Apple woke up the giant. In the long run, privacy is dead anyway and it's only a matter of time before non government-approved and -registered encryption is banned and any user or developer caught punished with the utmost severity. No, you can't ban mathematics, but you can jail maths teacher and "re-educate" students, and burn all books. If you think it cannot happen, consider the last 30 years and see where it leads.

    5. Re:Why? by Etherwalk · · Score: 4, Insightful

      99% of people in tech--EVERYBODY who does not work with law enforcement and understands the issues--was against the FBI.

    6. Re:Why? by alvinrod · · Score: 2

      I think there's a very important difference between user freedom (FOSS software) and user privacy (what this is about) that you're missing. Apple puts on more of a show about caring than they actually do, but it's also obvious that they take more steps than just about any other company of their size towards protecting user privacy.

      I think that their tendency in this direction arises as much from business goals as is does from any form of altruism. It doesn't take much in the way of mental adeptness to see that Apple's biggest competitor is in the business of learning everything it can about a person in order to target advertisements at users. Apple knows it can't succeed in this business, not without years of incredibly costly work and Google dropping the ball once or twice along the way. It's far better for them to try to deprive Google of what makes them successful by making privacy a feature of their devices, much like they've added other functionality that diminishes the ability to collect information or display ads. I wouldn't be surprised if they eventually offer some kind of proxy service that makes online tracking practically impossible.

      Really though, Apple is no different in this regard from any other company. Google didn't release their Google Docs because they care about users. Instead it was an opportunity to strike at an area where one of their main competitors (Microsoft) was heavily entrenched and disrupt their business model. You don't have to compete directly at something you're not good at if you can find a way to interfere with or outright nullify those advantages.

    7. Re:Why? by tom229 · · Score: 1

      Nice appeal to authority. I see you win the argument.

      --
      If it ain't broke, don't fix it.
    8. Re:Why? by tom229 · · Score: 1
      Precisely. I posted the following in another comment that I think anyone forming an opinion on this case should be aware of:

      Let's assume you purchased an unbreakable lock from Acme Inc. There's reasonable suspicion you've comitted a crime and we need access to your locked items to prove it. Society needs to function in a way that we can identify and prosecute criminals so there are two options:

      1) The government can petition Acme Inc with a warrant to break your lock when they have reasonable reason to do so,
      2) The government can make Acme Inc locks illegal

      One of the two will happen because one of the two need to happen to continue to function in a lawful society. Choose which one you prefer.

      At the end of the day, law enforcement needs to be able to do it's job. Like it or hate it, if encryption can't learn to play nice with the law, the only logical outcome is that encryption will cease to exist.

      --
      If it ain't broke, don't fix it.
    9. Re:Why? by mrbester · · Score: 3, Insightful

      Using that argument, the US would still be a protectorate of Britain. You separatists didn't play nice with the law back then but now you're advocating it?

      --
      "Wait. Something's happening. It's opening up! My God, it's full of apricots!"
    10. Re:Why? by JenovaSynthesis · · Score: 1

      The thing is if it is used in a criminal trial, it can become subject to discovery. And they will only be able to hide behind the "national security" lie for so long before judges get tired of hearing it.

      --
      Anonymous Cowards generally receive no replies because you're a coward and I'm a bitch :)
    11. Re:Why? by Anonymous Coward · · Score: 0

      Your premise is that it is necessary for the govt to be able to open all locks in a lawful society. I think that this premise is flawed.

      It is entirely possible to have a free society under a rule of law. In fact, rule of law is a good way to ensure a free society. The two points can complement each other, and are not at odds.

      There are a lot of times in a free society where people need to keep secrets. From your PIN code, to things like lawyer-client confidentiality, doctor-patient confidentiality, to mulling over political ideas with friends, to -even- the confidentiality of FBI investigations ;-); and many more things besides .

      We all have secrets. Encryption ensures and bolsters rights we have under law. Rights that are needed to maintain a lawful society under rule of law.

      The only logical outcome is that encryption will win out, time and time again.

    12. Re: Why? by Anonymous Coward · · Score: 0

      No, you need to ask yourself what you are not seeing.

    13. Re:Why? by tom229 · · Score: 1

      I'm Canadian. So I guess I would have been a nationalist :) The rest of your analogy I don't even think applies.

      --
      If it ain't broke, don't fix it.
    14. Re: Why? by Anonymous Coward · · Score: 0

      That's what you think. Go ahead and jail math teachers and see what I do to you.

    15. Re: Why? by tom229 · · Score: 0

      No I don't because you're making a baseless attempt to appeal to authority to validate your opinion on something. Even if the entire population of "people in tech" could be quantified by "those that understand the issue" and could then be polled, it hasn't been done. And even if it had, that still wouldn't be a suitable argument. A better one would be to explain what you believe I "must be missing" in a rational substantive way, rather than relying on intimidation through logical fallacies.

      --
      If it ain't broke, don't fix it.
    16. Re:Why? by gnasher719 · · Score: 1

      That's a misrepresentation.

      The FBI had a search warrant, plus permission by the owner of the phone. Apple quite rightfully said that the whole mess has nothing to do with them. They sold the phone a while ago, they gave the FBI all the information they had about the phone, and that's it. And they didn't mind giving the FBI information, what they did mind officially was being told to destroy the security of all their customers' phones, and inofficially hearing about a court case against them in the press and not from the FBI or the court.

      Clearly since Apple didn't want to do what they are told, their lawyers, like every good lawyer would do, lists every single argument, no matter how reasonable or unreasonale, why Apple shouldn't have to do as they were told. One of these arguments, one of many, was the argument that creating this software is speech, and you can't be prevented by the state to use your right of free speech, _or_ to be forced to speak. But that's just one thing in a long list.

    17. Re:Why? by tom229 · · Score: 1

      My premise is that when presented with the problem of an unbreakable lock, governments will either find a way to open those locks, or to prohibit the use of those locks, in the name of preventing crime and upholding justice. Can a power like this potentially be used against law abiding citizens? Of course. This is not a new problem, it just has a new medium. We need to ensure that law abiding citizens are protected, while criminals are not. Just like we always have. Do we try to work with law enforcement within the framework of the existing checks and balances we already have? Or do we treat law enforcement like the bad guy and refuse to work with them in any aspect? Each choice has consequences to society. Consequences we must be aware of and willing to accept. The consequences could be new laws, or even drastically redifining the role and effectiveness of law enforcement in our society.

      --
      If it ain't broke, don't fix it.
    18. Re:Why? by tom229 · · Score: 1

      what they did mind officially was being told to destroy the security of all their customers' phones

      This is such an important aspect of the argument, and it's so difficult to find any information on this. I hear this touted over and over again without any substance to back it up. Why would Apple's cooperation result in destroying the security of all their phones? From a technical standpoint, it seems extraordiary to claim that it's "all or none" when it comes to iPhone security and then offer no technical indication why this is the case. If you have any information on this I'd be happy to receive it.

      --
      If it ain't broke, don't fix it.
    19. Re:Why? by Anonymous Coward · · Score: 0

      MOf course. This is not a new problem, it just has a new medium. We need to ensure that law abiding citizens are protected, while criminals are not.

      Sure, but our constitution was written under the principle that if we can't protect just law abiding citizens, we protect everyone. There's really no other way it can work. Unless you like tyranny.

    20. Re:Why? by Anonymous Coward · · Score: 0

      It's neither good nor bad. So long as they have the proper search warrant, it's no different from calling a lock smith to unlock a safe.

    21. Re:Why? by Bing+Tsher+E · · Score: 1

      Anything that Apple would produce to use to unlock these phones would be signed with their cryptographic signature. There is no discovery value in obtaining the signature producing system. So Apple is protected in any case.

      This whole issue was spun up to the level it was so Apple's Marketing department could differentiate their 'secure and updated' product from competitors in the media. The waves of spam and discussion that roll out even today, i.e. this article on Slashdot, are motivated to a significant degree by the Apple hype machine.

      That's why this is an apple.slashdot.org article. If they don't get revenue from Apple for keeping this subdomain active, they should be.

    22. Re:Why? by Bing+Tsher+E · · Score: 1

      Do we try to work with law enforcement within the framework of the existing checks and balances we already have?

      It's so important that we ignore detractors and strive to do more of this. There is a sentiment within Law Enforcement where they refer to common citizens as 'civilians' that needs to be discouraged. Law Enforcement is a peer component of society.

    23. Re:Why? by gnasher719 · · Score: 1

      From a technical standpoint, it seems extraordiary to claim that it's "all or none" when it comes to iPhone security and then offer no technical indication why this is the case.

      A major security feature that prevents hackers from getting into an iPhone is the fact that an iPhone only accepts new firmware if it is signed by Apple. It's very hard to get firmware onto an iPhone. But it is easy to copy firmware including the signing key off an iPhone! And once the FBI has done that, they can install the same software, because it _is_ signed by Apple, on any other iPhone.

      It's like your burglar proof home - it may be hard to break in, but you probably have nothing that prevents someone from breaking out. Apple had and has no reason to prevent anyone from copying their firmware.

    24. Re:Why? by tom229 · · Score: 1

      And it does work this way. You don't get into an "unbreakable lock" without a warrant. A warrant from a third party legislator that reviews the evidence and determines if there's reasonable cause to believe the information behind the lock can be used to solve or prevent a crime. This is a good check that serves to uphold the constitutional requirement of freedom to privacy for law abiding citizens. One we have been using just fine for centuries.

      --
      If it ain't broke, don't fix it.
    25. Re:Why? by Anonymous Coward · · Score: 0

      Society needs to function in a way that we can identify and prosecute criminals so there are two options:

      1) The government can petition Acme Inc with a warrant to break your lock when they have reasonable reason to do so,

      2) The government can make Acme Inc locks illegal

      #2 is not possible. Even if the government bans Acme Inc. from making these locks, they can't ban Acme Books from publishing how to build such a lock (First Amendment) nor FOSS hackers at www.acme.ru providing acme-lock-1.2.3.tar.gz that you can then build on your own.

      You can't ban mathematics without basically tossing out all pretensions of being a free society.

    26. Re: Why? by tom229 · · Score: 1

      It's important to remember this argument isn't about encryption, but rather what a company and/or individuals rights are with regards to their encrypted data. Apple's horribly designed and implemented anti-theft system was actually enforced by California law. This kill switch on the encrypted data is the problem. Again, this kill switch only exists because Apple apparently selectively decides when they will follow intrusive laws. The kill switch is what Apple was served a warrant to help the FBI navigate, not the encryption.

      --
      If it ain't broke, don't fix it.
    27. Re:Why? by tom229 · · Score: 0

      This isn't a deal breaker. Restrict physical access to the hardware to the Apple campus, or Apple can offer to do the brute forcing themselves and simply provide the raw data afterwards. This is why I've never gotten behind their claim that it "reduces security for everyone". It's complete FUD designed to make you think they are fighting the good fight for the little guy, when any critical thinking human being with any exposure to that company knows it is comlpete and utter BS.

      --
      If it ain't broke, don't fix it.
    28. Re:Why? by Anonymous Coward · · Score: 0

      Apple quite rightfully said that the whole mess has nothing to do with them.

      This is incorrect. Apple OWNED the software that was preventing the FBI from reading the data. It's right there in the EULA for iOS, at the top, even. They felt it was that important.

      Apple and its licensors retain ownership of the iOS Software itself and reserve all rights not expressly granted to you.

      See? Right there. That's why Apple was subject to the warrant. It's the exact same as a landlord being told to open a door to a rented apartment.

    29. Re:Why? by tom229 · · Score: 1

      You are correct sir. I would say Mr. Cook and his marketing team made one fatal error however. They should have tried to keep this as quiet as possible and chose another case to make their stand. Standing firm on the side of a known mass murderer immediately weakens your case with the masses. I don't know a single non-technical person taking Apple's side in this argument. And the technical people that do, seem to do so more as a matter of ideological principle, than one that has actually carefully looked at the circumstances and made an informed opinion.

      --
      If it ain't broke, don't fix it.
    30. Re: Why? by Anonymous Coward · · Score: 0

      "One we have been using just fine for centuries."

      What do you mean we. You've been shitting all up and down this thread in favor of FBI. Then come to find out you aren't even American. You are Canadian. I don't think we means what you think it means. Take your pro FBI talk and gtfoh.

    31. Re: Why? by sexconker · · Score: 1

      It's important to remember this argument isn't about encryption

      How's the weather over in Quantico, you pig?

    32. Re: Why? by tom229 · · Score: 1

      It's my thread, I'll shit on it if I like. And "we" perhaps was used incorrectly, but I think you know Canada has similar laws and charters. Being Canadian doesn't make my opinion any less valid although, I agree it is a convenient scapegoat for you.

      --
      If it ain't broke, don't fix it.
    33. Re:Why? by tom229 · · Score: 1

      The only thing to stop you from breaking any law is the enforcement of it. So what they can do, is put you in jail for making such a lock. This is clearly something we don't want to encourage. Hence my desire to work with a balanced and checked law enforcement to restrict crime while protecting individual rights and freedoms.

      --
      If it ain't broke, don't fix it.
    34. Re: Why? by KGIII · · Score: 1

      > It's my thread, I'll shit on it if I like.

      This is the only correct thing you've said so far. You'll note, I've read your entire argument now. And, suffice to say, you're not even close to right.

      Apple was not, for starters, served a warrant. They were given an order, done via the All Writs Act. The two are not even remotely the same but they each carry different emphasis on legal protections.

      You're not just wrong, you don't understand the issue at hand and are basing your whole argument on this premise. Well, I guess you can move the goal posts if you want but that'd just be silly. You know I paid better attention than that.

      Even if it *were* a warrant, the idea that a person can not be compelled to speak is a damned essential liberty. It's so important, we enumerated it as the 5th Amendment. And no, the number isn't an indicator of importance - they're all equally important.

      Even barring that, making things the government can not access has been a long and healthy tradition and is a right for a reason. No, we can make unbreakable locks - the government is not all-powerful. And no, we do have a choice in the matter. In fact, we have a whole host of choice in the matter - up to, and including, violence.

      The government should be scared of the people, not the other way around. Maybe now you'll understand but probably not. Ah well... You did your best.

      --
      "So long and thanks for all the fish."
    35. Re: Why? by Anonymous Coward · · Score: 0

      Except of course that the writ was specifically written to allow Apple to maintain control of the software, to immediately destroy it afterwards, to revoke the signing keys used on it and a host of other measures to protect against your fantasy that Apple is the good actor in this case.

    36. Re:Why? by Anonymous Coward · · Score: 0

      1. Apple's intent is insignificant. 2. Political speech is especially protected even from congressional intent, because the constitution explicitly protects it. Go read the actual argument. You know, the argument that EVERYONE with expertise agrees with.

    37. Re: Why? by tom229 · · Score: 1

      The order from the judge was first. The All Writs act was second.

      If you're going to understand what this argument is about it's important you understand what it is. Lines like this:
      "making things the government can not access has been a long and healthy tradition and is a right for a reason"
      prove you have an understanding gleaned from popular mechanics headlines, not one from actual critical thought given to the case specifics.

      The facts:
      Apple phones are encrypted by default. The encryption is not directly reversible by Apple, nor anyone without access to the encryption keys. Encryption is acheived through one way mathematical formulas. The only way to reverse good encryption is through brute force. Apple phones run a program on the device that operate a "kill switch" for access to the encrypted data after a series of failed attempts.

      The dilemma:
      The FBI, through the order of a federal judge, asked Apple to help them remove the kill switch so they could access the data in its native form. Apple refused, erroneously citing global privacy conerns.

      The result:
      The FBI has now simply given up on the idea of going through "the front door" and has mounted the data in another way they can brute force it outside of this "kill switch". Apple has continuosly manipulated the story pretending like they would have to compromise every iPhone in existence, or give the FBI the keys to the castle for this to be possible. The truth is, they could have easily cooperated with virtually no reprecussions. The FBI simply wanted the designer of the booby trapped front door to help them disable it. Instead, they opted to carve their own door into the side of the structure. The result is nearly the same.

      Now that you should have a more informed understanding of the case you can hopefully look less foolish when you try to talk about it.

      --
      If it ain't broke, don't fix it.
    38. Re: Why? by KGIII · · Score: 1

      And, again, that's an order, not a warrant. At this point, I can only assume you're trolling. Read your own link. Hell, just CTRL + F and search for warrant.

      You've stated that we're not allowed to create things that the government can't access. That's actually the most retarded thing I've heard all day and I've already explained why.

      You can pretend you don't understand if you want. The world's full of stupid people and you can pretend to be one of them. I have no idea what would prompt you to do so but it seems to make you happy. Look at your OWN link. Search for warrant... No moving the goal posts but, even if you did, the same rebuttal applies that it is both perfectly lawful and necessary to be able to do so. We've had safes that can't be opened without risk of damaging the content. We've had evidence that could never be recovered.

      We dealt with it like big adults. Be a coward on someone's rights. Leave mine alone.

      --
      "So long and thanks for all the fish."
    39. Re: Why? by tom229 · · Score: 1

      More importantly, search the article for "All Writs", as that was your claim. A judges order is a warrant. He writes the order on a peice of paper and thats what you call that thing. Call me a coward, pretend like the government is all over your lawn, do what you want. The facts speak louder than your hyperbole. That's why no one ever takes you seriously when you talk.

      --
      If it ain't broke, don't fix it.
    40. Re:Why? by Anonymous Coward · · Score: 1

      That will not work, because the damage is already done. Once the firmware is signed, unless Apple has a way to revoke that signature and get that revocation out to EVERY OTHER iPhone in existence, the firmware can be installed on any iPhone. It also makes creating such revocations pointless because Apple would need to resign the modified firmware every time the FBI / NSA / whoever wanted to use it, and then that signature would need to be revoked and sent out to all of the iPhones in existence for the revocation to be effective again.

      This means four things:
      1. There's a window of opportunity for the FBI / NSA / etc, to get the modified firmware installed on other devices before Apple can get the new revocation sent out. (Devices they may not have a warrant for.)

      2. There's the possibility that the FBI / NSA / etc could block Apple's revocation update from reaching the devices. (The revocation must reach a given device for that device to be immune to the modified firmware being installed without authorization by a judge's warrant.)

      3. This assumes that all iPhones in existence will have the needed storage space to hold ALL of these revoked signatures. (We already have 100+ requests just from Florida and New York. How many do you think would be generated in a year nationwide?) If the iPhone can't store the revoked signature, it will allow the installation of a firmware bearing that signature. Not to mention that the ever increasing list of revoked signatures will increase the time it takes for the phone to process firmware upgrades, and increase their size. Eventually the phone WILL run out of space to store those signatures and then that phone is vulnerable to anyone (not just law enforcement) in possession of a firmware it does not have a revocation for.

      4. This also assumes that Apple's campus is perfectly secure, and that any and EVERY attempt to get such a modified firmware out of the lab and into the world would be caught before that firmware got out. Do you trust that Apple has that capability? Do you believe that every single person who may come into [direct contact with / direct access to] that modified firmware will safeguard it? That they will not be coerced / blackmailed / bribed / etc. into giving that modified firmware to those who would abuse it? Because that's one hell of a failure mode if you have to prevent the poaching of that special firmware every single time the attempt is made. I seem to recall that issue cropping up elsewhere in the US political system......

      Long story short, it's better not to deal with this at all, than to make the attempt at doing so and put everyone (not just the criminals) at risk.

      For extra credit, this is but one company and one product. Now think about how this would work for any product / company the government wanted to apply this to, and how much of a risk to the public would be created if this were to be attempted on every company and every product.

    41. Re:Why? by cbiltcliffe · · Score: 1

      Apple is arguing that writing software constitutes free speech. Therefore, forcing them to write software to help solve a crime would be infringing on their free speech. Except, the problem the FBI is encountering was created by Apple complying with a law that required them to write anti-theft software into their OS. Ironic, to say the least.
       

      Apple isn't arguing that writing software is speech. Apple is repeating the declaration by the US Ninth Circuit Court of Appeals that source code is speech. This may have also gone to the Supreme Court; I can't find a current reference to it, although not being American, I may not be looking in the right place.....
      Your claim that Apple has already implemented code in response to California's legal requirements doesn't hold water, either. Yes, Apple implemented anti-theft code that was compatible with California anti-theft regulations. This does not mean that the government now has carte blanche to require any "features" they feel should be implemented in Apple's software.
      Apple could very well have thought that anti-theft code was a good idea, and implemented it anyway, even without California's regulations. I think it's a good idea, too. Does that mean I have to give up all my free speech rights, or I'll be a hypocrite? Of course not. Don't be an idiot.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    42. Re:Why? by Anonymous Coward · · Score: 0

      The FBI didn't present Apple with a warrant (which they would have quickly complied with, if they could), but rather a writ of assistance....

    43. Re:Why? by tom229 · · Score: 1

      Apple could very well have thought that anti-theft code was a good idea, and implemented it anyway

      Then we should have, at the very least, been flooded in the media with the same "slippery slope" hyperbole we're seeing now. If they cared as much as they are pretending to at least. Or is it OK to inhibit free speech when the cause is agreed upon? Stange ethics this generation has.

      --
      If it ain't broke, don't fix it.
    44. Re: Why? by net28573 · · Score: 1

      It's also important to note that the anti-theft law is only intended to brick a device to prevent it from being used on another network without the owners consent. The software in no way gives the ability to unlock a phone already secured, only brick it.

      --
      RIP TRICERATOPS, YOU NEVER EXISTED
    45. Re:Why? by WorBlux · · Score: 1

      Re: Anti-theft. Not forced speech. Apple was left in a position where they could modify the phone or not sell any more phones. The law applies only to new phones sold in California. It did not require specific performance.

      Did you actually read the LA article you posted. Creating the back-door the FBI wanted would greatly decrease the value of the product in both China and the U.S, the U.S being afraid of Chinese exploits and vice versa. You would in effect set up a situation where smart phone vendors would be locked into a single government and unable to sell to potential adversaries due to security fears. There would be huge incentive for these exploits and backdoors to be leaked anyway. Next to follow hardware designers and chip fabricators. We are much better off with a few neutrally secure smart-phone vendors then dozens of fragmented hegemonies.
      Your link to free speech being revoked is simply bullshit. Missing from the link is any order to divulge passwords, and missing from the summary is the accusation that actually got Terry Child prison time: mainly the pattern of behaviour and UNAUTHORIZED COMPUTER ACCESS to put himself in the position as the only person to know the passwords. It was not simple accident, but allegedly result of criminal behaviour that led to his position of sole password knower, criminal behaviour which he was thrown in jail for.

    46. Re:Why? by Anonymous Coward · · Score: 0

      Looking forward to the Commonwealth games are you then?

    47. Re:Why? by WorBlux · · Score: 1

      Computers and code are dumb and mechanical The same input leads to the same output. Prima Facie you can break the security of all or none. The burden of proof is on those who propose a back-door on why this would not be so.
      The FBI might be able to keep this special "recovery" image secret, but if you add in the other agencies of other nations that would also demand it once it was written, somewhere someone will leak it. Apple keeps the ability to boot into a recovery environment because their techs may need to run software of a device that has corrupt, faulty, or replaced flash memory to repair, replace or update the primary OS. It has to run where there may not be network access and thereby can't run a device-specific approval request by Apple on every boot (like the update mechanism does), the only way to guard against a malicious/backdoor "recovery" image would be for apple to revoke the signing key, but such a revocation would only help phones that actually receive that update. (That phone you lost with racy picture of your mistress three months ago, still vulnerable if your wife actually decided to steal your phone and sit on it... good luck in family court)

    48. Re:Why? by tom229 · · Score: 1

      Apple could have offered to set up a sanitised lab in Cupertino, or they could have offered to run the brute force themselves. It doesn't follow that the FBI was demanding a permanent backdoor. This is a lie Apple, and their frothing supporters, set up to fortify their position.

      --
      If it ain't broke, don't fix it.
    49. Re:Why? by Maritz · · Score: 1

      They will have their own firmware that is signed by Apple and installable on every iPhone out there. When it leaks, anyone can make firmware for those phones. (And yes, it will leak). Pretty fucking simple really isn't it, when you're not being deliberately obtuse?

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    50. Re:Why? by WorBlux · · Score: 1

      Perhaps they could have, but That's not what the FBI asked for though. They asked for software that they could run on arbitrary phones. The FBI asked apple to write, sign, and deliver software capable of bypassing security features. Additionally not every pin is four digits, it could be eight, in which case it would take years instead of days to brute force the phone. How many combinations would Apple be obligated to try? And even in thier own lab the bypass is not guaranteed secure, and the existence of such software would invite demands for access or copies from other nation-states.

    51. Re:Why? by WorBlux · · Score: 1

      Addtitionally Apple's involvement in a brute for is niether neccessary, nor are they they most qualified to carry out the attack.

    52. Re:Why? by david_thornley · · Score: 1

      Okay, how much work do you think a person or company should be required to do in order to comply with court orders? Does your answer change if the work is to create something the person or company thinks is harmful to them?

      Apple handed over all the evidence they had. What more should they be required to do? The FBI went a lot farther than the Chinese government did in demanding the removal of security. Even if you believe the propaganda about the Childs case being just about passwords, we're still talking about handing over information already available. No court was going to order Childs to construct a way of breaking into the routers without erasing their configuration.

      I don't really care about Apple's motives. I care about their actions, and approve of them.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    53. Re: Why? by david_thornley · · Score: 1

      Of course the writ was so written, to cover up the intended coercion. Once Apple wrote the software, they would find themselves compelled to use it again and again, to the point where the software might leak.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    54. Re:Why? by david_thornley · · Score: 1

      You present no support for your argument. The third alternative is that the government can acknowledge that there's things they just can't do and go ahead anyway. A defendant may not be coerced to testify against himself or herself, and has the right to confront his or her accusers. It isn't generally illegal to destroy possible evidence of a crime (it gets complicated).

      Currently, people in the US can use strong encryption, and can use passwords of arbitrary strength. This means that people already can protect their data so that the government can't get at it, and there doesn't seem to be a strong popular demand to prevent that.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    55. Re:Why? by tom229 · · Score: 1

      When ordered by an independent court, a person or company should be required to comply with a reasonable amount of work, and perhaps be reasonably compensated for such. This is not an unusual request and happens all the time. Of course it is your right to refuse, but penalties may ensue if you're refusing a lawful court order (as with Childs). A deadbeat Dad probably doesn't want to pay child support, but it is his obligation. We all have obligations as citizens.

      The motives are very important in this case. If this is just a public relations stunt by Apple (which at this point seems highly likely) then it erases their entire civil rights defensive argument. The law does not operate on absolutes, but rather on reason and careful consideration. If Apple could have assisted an investigation, with little harm to their company or the security and privacy of law-abiding citizens, then there's no reasons left they couldn't have assisted, besides utterly selfish ones.

      --
      If it ain't broke, don't fix it.
    56. Re: Why? by david_thornley · · Score: 1

      You seem to have no difficulty in considering Apple's legal arguments "erroneous", without showing evidence that you know what they are, or what the actual US law says. However, you seem to have great difficulty in envisioning the situation if Apple had complied, and you are taking the FBI at their word while arbitrarily dismissing Apple's arguments and statements without understanding them.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    57. Re: Why? by david_thornley · · Score: 1

      The facts are that the FBI had access to the phone, destroyed it, and eventually filed a court order asking for Apple's cooperation. The FBI had not bothered to ask Apple for cooperation first, and didn't even notify them that the order was on its way. Apple filed counterarguments, a good many people who should know agreed that Apple's arguments were generally valid, and the FBI withdrew the order. The FBI then claimed to have paid an Israeli company to break the security on the phone, and said no more about it.

      Other facts are that strong encryption and passwords are permitted in the US, and US courts have been reluctant in general to require suspects and defendants to hand over passwords, since that at least comes close to self-incrimination. This has been the case for some time.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    58. Re:Why? by Anonymous Coward · · Score: 0

      I would tend to agree that most people in our field were against the FBI, but not all.
      To name one, Bill Gates supported the FBI.
      Also, I've been "in tech" for 16 years and have done a lot of work related to security hardening (among many other things).
      I personally would have sided with the FBI here as well. However, my wife (a non tech) sides with Apple.

      I don't think it's really accurate or fair to just make blanket assumptions on this sort of thing based on occupational background.
      People can bring a lot of different perspectives to this depending on their experiences and world view.

    59. Re:Why? by david_thornley · · Score: 1

      Please be more specific on the "reasonable" amount of work, since there are two differing opinions on whether what the FBI asked for is reasonable. What the FBI asked for is an unusual request, and does not happen all the time. Apple did not refuse to comply with a lawful court order; instead, Apple challenged it in court, which they have a perfect right to do. That the FBI then withdrew the demand and did something else entirely strongly suggests that Apple would have been successful, and that the court order overreached.

      The motives can be important. What are yours? Apple made an argument that complying with the order would have hurt the security and privacy of law-abiding citizens, and the FBI backed down.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  5. When Laws Collide... by ytene · · Score: 1

    There does not appear to be anyone disputing that the mechanism developed by the FBI and their technology partner is not one supported by Apple. Legislation such as the DMCA and the Computer Misue Act might have some interesting influence on what is being done here... Obviously we have to bear in mind that if the current laws would look to prohibit what is being done here, then the laws will, *will* be changed. But you have to wonder if there are parties in this game that want to have their cake and eat it...

    1. Re:When Laws Collide... by Joe_Dragon · · Score: 1

      Computer Misue Act? What about when the small town sheriff uses that to try to put apple in to the local jail. Or the local judge puts them under contempt of court.
      The judge from the My Cousin Vinny should work.

    2. Re:When Laws Collide... by Bing+Tsher+E · · Score: 1

      So your best argument is to spin up stereotypes?

  6. FBI will lose this propaganda war with Apple by JoeyRox · · Score: 5, Interesting

    I have no doubt that the FBI's public proclamation of successfully unlocking the San Bernardino and now this intentionally leaked memo are part of a concerted effort to embarrass Apple by discrediting their encryption and privacy technology. I mean when was the last time you heard of the government bragging about having the ability to hack phones? You would expect the opposite since they wouldn't want such capabilities known. In the end Apple will win because this entire episode will motivate them to double down on their stated encryption/privacy policies and work even harder to lock down the phone to prying eyes.

    1. Re:FBI will lose this propaganda war with Apple by merky1 · · Score: 1

      Yeah, how dare the FBI look at your data. That's Facebook / Apple / google / MSFT's job.

      --
      --WooooHoooo--
    2. Re:FBI will lose this propaganda war with Apple by HalAtWork · · Score: 1

      I see that the FBI is attempting to do public posturing, which seems completely out of line with their purpose and scope as an organization. The fact that this is an initiative at the FBI should prompt an inquiry and scrutiny in their direction and management.

    3. Re:FBI will lose this propaganda war with Apple by 110010001000 · · Score: 1

      100% correct. It is funny how people forget it was Facebook/Apple/Google/etc that handed all your data to the NSA/etc.

    4. Re:FBI will lose this propaganda war with Apple by tlhIngan · · Score: 1

      I have no doubt that the FBI's public proclamation of successfully unlocking the San Bernardino and now this intentionally leaked memo are part of a concerted effort to embarrass Apple by discrediting their encryption and privacy technology. I mean when was the last time you heard of the government bragging about having the ability to hack phones? You would expect the opposite since they wouldn't want such capabilities known. In the end Apple will win because this entire episode will motivate them to double down on their stated encryption/privacy policies and work even harder to lock down the phone to prying eyes.

      Embarrass? I think the FBI made Apple's case for them - you can ask a lot of people and they say law enforcement should get the tools they need to access the phones, probably a good majority of them. However, Apple made good points as well so they don't want to see it as a way to get into "everyone's" phone, just "bad guys".

      It seems more of a save-face maneuver because the courts could rule either way (and you know it's going to go to the Supreme Court). And it's not like Apple wouldn't find out anyways - if those phones are used in active cases, the defense has the complete right to question how the information was acquired, including technical details.

    5. Re:FBI will lose this propaganda war with Apple by wvmarle · · Score: 1

      That's why I avoid putting anything personal on such services. Only information I intend to be public goes on my Facebook pages, for example.I have to admit to using Google Calendar a lot, though, as it's so darn convenient for sharing calendars with the missus (both of us have quite irregular schedules).

    6. Re:FBI will lose this propaganda war with Apple by mrxak · · Score: 1

      From the beginning, this was an FBI PR effort to cover their own asses. They know they can do nothing to protect Americans from terrorist attacks like the one in San Bernardino, their role is to investigate afterwards and figure out whodunnit, but in these sort of terrorist attacks everyone already knows whodunnit, the terrorists already destroyed evidence or changed up anything that might jeopardize other terrorist operations, and the FBI doesn't really have anything to do except issue press releases.

      Since stupid Americans think it's the job of the governmentâ"and by extension the FBIâ"to protect them from every boo-boo (something that is simply impossible, but has a large impact on the FBI's yearly budget), the FBI has to go into CYA-mode. High level political appointees put pressure on the mid-level bureaucrats to deflect blame by any and all means necessary. If it wasn't encryption being scapegoated it'd be something else, but by pointing the finger elsewhere, the FBI can look like they're doing something, and continue to justify their budgetary expenses on ineffectual programs that employ a lot of FBI supervisors. I expect the low-level FBI grunts who actually have to carry out these programs and are forced by their bosses to go before judges and the media and lie know as well as we do that encryption, or Apple, or a lack of fascist law enforcement powers has no effect whatsoever on islamic terrorism. Islamic terrorism is caused by the political elites around the world that enable it through immigration policies, foreign policies, economic policies, and a culture of political correctness, as well as the well-protected-by-private-security liberals that want gun-free zones so the bullets are only flying on one direction when shit goes down.

      So, pretty much politics-as-usual. Normally I wouldn't mind and just roll my eyes, but in this case and similar ones, the cost is to our basic liberties and the very soul of our nation.

  7. All the more reason... by Anonymous Coward · · Score: 0

    All the more reason to make our devices harder (or better yet impossible) to break into without the key, and make more than a few attempts without the key erase all data on the device! We also need our devices to be able to be set to not send any data anywhere no matter what!!

    When government (or government agencies) can break into our devices, that means that hackers and corrupt corporations can do so as well. There is no such thing as a method to access a device that can only be used by government or government agencies.

    Either we have the right to privacy of the information on our devices, or we have George Orwell's 1984! Its one or the other, there is no middle ground!!

    1. Re:All the more reason... by tom229 · · Score: 1

      The entire problem is that these devices are already designed so that you have no privacy or control. Precisely why this is being debated is because Apple has so much control over what you can and can't do with your phone, and they operate as the central hub for everything. If they didn't, they'd be absolved of the obligation to help.

      So you're right, if one institution can access all your data, then so can everyone else. However that process starts with the manufacturer of the hardware and software. As long as they remain obsessed with controlling your entire "experience", other agencies are going to try to tap into that power.

      --
      If it ain't broke, don't fix it.
    2. Re:All the more reason... by WorBlux · · Score: 1

      So if Apple was just one of several software vendors for the iPhone hardware, you'd be a-okay with their refusal? I don't think the bundling has any legal significance. If bundled the user makes the trust decision on purchase, if unbundled upon installation. As much as I dislike the walled garden, the issue isn't relevant here. Unless you want to say a user ought to be responsible for vetting every update, then there is going to be a golden signing key to update vital parts of the OS... Mac has it, Windows has it, most Linux distributions have them, and there are ways for the end-user to lock the system to run only signed code. You can lock Mac, Windows, and Linux to run only software and firmware that is properly signed by third-parties. Does the court have authority to compels any and all of these third parties to create signed and compromised versions of their software?

  8. Embrace, Extend, Extinguish. by zenlessyank · · Score: 1

    Why would the FBI publicly harass Apple about 'helping' break encryption when they already know how. Was it to show Apple were liars about their tech? Was it to save some cash from a 3rd party cracker? Or was it simply to gain some ground in the fear department with the American public? The articles and questions have been flowing, but the truth now is so muddied, I think we won't really know or understand until some new separate events unfold.

    1. Re:Embrace, Extend, Extinguish. by Anonymous Coward · · Score: 0

      The problem is that the FBI knows they cannot beat Apple at this in perpetuity. The next generation of encryption hardware may very well be impossible to break in any statistically sensible way (i.e. hardware-enforced decryption on a silicon process where the attrition rate for chemical etching of layers is very high for any individual sample)

      My prediction is that you are about to be flooded with PR pieces about how the FBI breaking encryption for local law enforcement on this generation of iPhones has helped put away xx murders, xx drug busts, save xx children, etc. etc.

      Then when Apple does doubles down and locks down the next generation of iPhones, the FBI can trot these stats out (i.e. look at all of the murders that will go unsolved if you allow Apple encrypt phones beyond our reach!!!)

    2. Re:Embrace, Extend, Extinguish. by meerling · · Score: 1

      To try and make Apple their bitch.
      The going to court thing was to try and force a legal precedent they could use to make any company build shit for them to use against that companies customers.
      Funny how when it became apparent that they wouldn't win, suddenly they drop it and have a 3rd party way to get around the supposedly insurmountable problem.
      Apple never said it was unbreakable, they just said that Apple didn't have a way to break it. The method that was being discussed was to use the update feature to feed it a new pre-cracked version of OS, which Apple refused to develop, much less employ.
      How did the 3rd party break in? We don't know. Heck, so far we don't know if that was real or if the FBI was blowing smoke up our asses to try and cover theirs.

      Remember, this whole thing wasn't about Apple not helping the FBI, after all they gave them the source code and access to their experts, rather it's about them being forced to eviscerate their own companies standing and have to smile and thank the government for letting them do it while paying for it as well.

  9. Mysterious third-party technique by Anonymous Coward · · Score: 0

    Is this just Apple letting them in but saving face by pretending they didn't give in?

    It is probably the best solution, given that they didn't just privately ask for access to the phone first and instead tried to make a big show of force about it and force Apple to hunker down.

    1. Re:Mysterious third-party technique by meerling · · Score: 1

      I think it's the other way around, the FBI backing out of a case that will set the precedent that's the exact opposite of the one they were trying for.

  10. prove it. by swell · · Score: 2

    "Just days after breaking into a terroristÃ(TM)s iPhone ..."

    So does this mean that we believe they were successful? Are we going to take their word for it? You are free to agree with this government decree, but not me.

    --
    ...omphaloskepsis often...
    1. Re:prove it. by Anonymous Coward · · Score: 0

      I'm sure they unlocked it 6 months ago. They had the technology and the means to use it.

    2. Re:prove it. by yuvcifjt · · Score: 0

      Yes, just like gullible and stupid people believe that the guy and his wife are terrorists without any evidence or court case.

      Whoever the media says are the bad guys, are now public enemy, no evidence required.

    3. Re:prove it. by Anonymous Coward · · Score: 0

      I'm pretty sure the got in .... but not by any kind of "hacking" or vulnerability.

      The phone was owned by the San Bernadino County. Meaning that the IT department had everything needed to open the phone at all time.

      The issue is that the FBI wanted a legal precedence to force corporations to create backdoors to any product. Nothing more.

    4. Re:prove it. by Anonymous Coward · · Score: 0

      So the fact that they went out on a shooting spree is not evidence enough for you?

      The fact that the two human garbage were terrorists is not even in dispute.

    5. Re:prove it. by Anonymous Coward · · Score: 0

      The phone didn't have a secure enclave. You could just copy the memory, and block writes to prevent erasure. With unlimited attempts, of course they were successful. The only question is how they were able to brute force quickly enough to test 10^10 (10 digit numeric) possible passcodes. Given all the facts, I suspect they copied the data and encryption algorithm to more powerful computers and got the answer an hour later.

  11. Pay your fair share! Need MORE GOVERNMENT!!! by Anonymous Coward · · Score: 0

    Everyone needs to pay their fair share of taxes.

    Because we need even more of this government!

  12. Because it's the wrong phone by Geoffrey.landis · · Score: 5, Informative

    As if the phone in the San Bernadino case wasn't one that was used by an actual, real, murdering person who embarked on a terrorist attack?

    Correct: it wasn't the one used in planning the terrorist attack.

    To remind you of the facts, this was the work phone of (one of) the persons who embarked on the terrorist attack... which they planned using burner phones that they took some pains to destroy (along with the hard disk from their computer) and succeeded in doing so in a way that the FBI could not recover information.
    https://www.inverse.com/articl...
    http://www.washingtontimes.com...

    So, the question is, would they make an effort to to destroy two phones, and not bother destroying the third phone, if the third phone actually had any information on it?

    --
    http://www.geoffreylandis.com
    1. Re: Because it's the wrong phone by Anonymous Coward · · Score: 1

      The even bigger question is: should we allow phones to be made which can be destroyed? If the manufacturers would have made indestructible burner phones, then we would have those and not this stupid stupid work phone. I see two choices: 1) make phones indestructible or 2) outlaw phones
      You pick

    2. Re:Because it's the wrong phone by ScentCone · · Score: 1

      You're wondering how rational someone is about their choices about destroying evidence when they left a bomb factory in their house? Really?

      --
      Don't disappoint your bird dog. Go to the range.
    3. Re: Because it's the wrong phone by Maritz · · Score: 1

      You're completely correct. It is a disgrace that phones can be destroyed. They contain KEY EVIDENCE required for enforcing the rule of law. Phone companies have been getting away with aiding criminals and terrorists too long. Either make all phones utterly indestructible by human means, or ban them everywhere and for all time.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    4. Re:Because it's the wrong phone by Maritz · · Score: 1

      Do you carefully dispose of your bomb factories before carrying out attacks? Perhaps these people had bad bomb-factory etiquette.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    5. Re:Because it's the wrong phone by Anonymous Coward · · Score: 0

      These people presumably had no intention of coming out of the attack alive, so they need not worry about evidence that incriminates themselves (e.g. "bomb factory" in their own home), but communication devices can incriminate their co-conspirators so they need to be destroyed. On the face of it, it doesn't seem irrational to leave the "bomb factory" in their home, as depending on how they obtained the equipment for it, it may not lead to any of their associates.

  13. Spurring progress by A10Mechanic · · Score: 2

    It will be interesting to watch if phone manufacturers use this to spur better encryption and security in next generation phones. Or will public opinion and government meddling make it go the other way..

    1. Re:Spurring progress by Bing+Tsher+E · · Score: 0

      There already is improved security features. Companies like Samsung are working on technology that we could call a 'secure enclave' to partition security functions away from the general software/hardware functions on mobile devices.

  14. It's a trade off [Re:Doesn't matter] by Geoffrey.landis · · Score: 3, Insightful

    It's not a false choice. When key evidence is behind locked doors you need a way to access it. This is precisely why we have search warrants.

    Nope. That's a choice made by society, a trade-off between privacy and authority. Law enforcement may say that they "need" a way to access it, but the extent to which we allow law enforcement to access locked vaults is a decision that is made by society, and one of the possible decisions is "no, find a different way to gather evidence."

    --
    http://www.geoffreylandis.com
    1. Re:It's a trade off [Re:Doesn't matter] by tom229 · · Score: 1

      We've already made the choice to limit privacy rights of suspected criminals. Its a core component of the law. We could change that, fair enough. But short of taking drastic measures like that the simple choices boil down to what's stated above.

      --
      If it ain't broke, don't fix it.
    2. Re: It's a trade off [Re:Doesn't matter] by Anonymous Coward · · Score: 0

      You sound suspicious ... I think you may very well be one of those cyber criminals... You should get your locks broken and your rights diminished. That's reasonable suspicion right? Cause that's how the witch hunt will go on.

    3. Re: It's a trade off [Re:Doesn't matter] by tom229 · · Score: 1

      That's up to the impartial authority issuing the warrant to decide. If your position is that the system is corrupt and judges simply do the bidding of the police agencies, then I think you need to start addressing what you believe to be the actual problem, instead of the imagined symptoms. Why would you think you can fix or prevent a fundamentally corrupt justice system through data encryption? Why would you want to? If the world is as bleak as you portray, I think we have bigger fish to fry.

      --
      If it ain't broke, don't fix it.
    4. Re:It's a trade off [Re:Doesn't matter] by Geoffrey.landis · · Score: 3, Insightful

      We've already made the choice to limit privacy rights of suspected criminals.

      Yes, we have. We made a particular choice of limits, where some searches are allowed and some searches aren't.

      In the hypothetical case of unbreakable locks you propose, this forces us to yet make another choice. There are not, as you state, only two choices. There are three choices. One of these is to tell law enforcement agencies that they must find evidence elsewhere.

      You seem to be making arguments that this choice doesn't exist. That's incorrect.

      Now, a harder question is whether this choice should be taken. That's a much harder question, but there are good arguments that it should be (which have been made in great detail elsewhere.) This is a trade-off. That means it has benefits, and costs. To quote Scalia, sometimes it is desirable to "insulate the criminality of a few in order to protect the privacy of us all.”

      --
      http://www.geoffreylandis.com
    5. Re:It's a trade off [Re:Doesn't matter] by Type44Q · · Score: 2

      We've already made the choice to limit privacy rights of suspected criminals.

      Nice try but no, we haven't... and anyhow, what part of "Innocent Until Proven Guilty?" do you not understand??

    6. Re:It's a trade off [Re:Doesn't matter] by tom229 · · Score: 1
      I will submit to the notion that I missed a possible third option in my argument. What I wouldn't agree with, is that there is much room for debate on whether this third option should be considered.

      If we're going to really try to undestand this argument we probably need to first be clear on what is happening here. The problem isn't specifically the lock. Any lock, digital or otherwise, can be brute forced. A more accurate analogy would be a lock with a self destruct mechanism that destroys the data inside when a brute force attempt is detected. This is what is happening on every iPhone with theft-protection measures enabled.

      Now extending the analogy to this self destruct mechanism we could ask: If Acme Inc had the ability to disable the self descruct mechanism on a locker believed to contain evidence of a crime, then should they? If they were served with a warrant to do so, is that valid?

      I don't think you'd have to look very hard to find precendence of this being done. Especially when (this has just been made known to me) Apple retains ownership of all IOS software as a function of their EULA:

      Apple and its licensors retain ownership of the iOS Software itself and reserve all rights not expressly granted to you [...] Subject to the terms and conditions of this License, you are granted a limited non-exclusive license to use the iOS Software on a single Apple-branded iOS Device

      --
      If it ain't broke, don't fix it.
    7. Re:It's a trade off [Re:Doesn't matter] by Anonymous Coward · · Score: 0

      Don't bother with him. He's one of those "Guilty Until Proven Innocent" types.

      Sadly, he won't be convinced this is a bad stance to take until either he, or someone he cares about, is on the accused end of that stance.

    8. Re:It's a trade off [Re:Doesn't matter] by Anonymous Coward · · Score: 1

      We've already made the choice to limit privacy rights of suspected criminals.

      And yet, we haven't revoked their right not to self incriminate, and thus they cannot be compelled to provide their lock code.

    9. Re:It's a trade off [Re:Doesn't matter] by WorBlux · · Score: 1

      The self-destruct can be disable via some very expensive hardware, which Apple does not produce, nor maintains the experts necessary to use it.

      (The alternative explanation is that a thrid party by some nefarious means gained access to Apple's signing keys, or are exploiting a zero-day a bug in the firmware validation code. )

      The case law around the all-writs act shows that warrant which create undue burdens are not authorized. Once the cat is out of the bag, Apples has no way to prevent it from being used agains all prior iOS versions or guaranteeing only the FBI has it. Additionally, once the cat is out of the bag they can't really deny it from, France, the UK, Russia, China.... all the way down really excluding the worst of the worst where Apple won't do business in in the first place. Either everyone has security (yes even the terrorist and child pornographers) or nobody really does (you can be compromised by any nation or other sufficiently large organized crime ring)

    10. Re:It's a trade off [Re:Doesn't matter] by meerling · · Score: 1

      Really? You're holding up the Constitution and Civil Rights to someone like that? Remember, those types don't believe you have a right to your rights.

    11. Re: It's a trade off [Re:Doesn't matter] by Anonymous Coward · · Score: 0

      Who will decide who is the suspected criminal? And by what criteria?

    12. Re: It's a trade off [Re:Doesn't matter] by Coren22 · · Score: 1

      It depends, can you convince a judge that there is enough evidence of a crime to write out a search warrant, as exists in every case where law enforcement has asked Apple (Google, MS, etc) for help. In MANY of the cases, Apple was more than happy to help, but oh my god, that guy who shot up a work party, he totally deserves more privacy than any other case.

      http://www.cnet.com/news/how-a...

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    13. Re:It's a trade off [Re:Doesn't matter] by Coren22 · · Score: 1

      It seems he understands innocent until proven guilty better than you do. He typed suspected criminal, and alluded to the limited privacy rights they are afforded under the fourth amendment where they are subject to a search based on probable cause under something called a search warrant.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
    14. Re:It's a trade off [Re:Doesn't matter] by Coren22 · · Score: 1

      You keep waving that piece of paper as if everyone else can't read it, but it appears that it is you who needs to reread it as it does not say what you think it says.

      The right of the people to be secure in their persons, houses, papers, and effects,[a] against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  15. Timmy Cook Butt Fucked Again by Anonymous Coward · · Score: 0

    Looks like Timmy "I and Apple will protect your digital privacy" Cook is shown to be a lier and a pervert boozo.

    Ha ha

    1. Re:Timmy Cook Butt Fucked Again by meerling · · Score: 1

      How so? By not kneeling to the FBI overlords at their beckoning whims?
      Because the FBI claims to have gotten help from someone else to break in and subsequently drops the case just when it's looking really positive they'll lose and set a precedent that the government can't make demands like that anymore? On top of that, they claim to have gotten into the phone, but of course we only have their word for it. (And that they didn't get into long before they made the demands on Apple for as far as that goes.)

      Now I'm not saying Cook isn't a lowlife of some kind. After all, he is a CEO, and they aren't exactly known for morals. But I'm kind of wondering how you came up with your statement.

  16. Wound self-inflicted by TheReaperD · · Score: 2

    All of this was irony and stupidity. The government agency that the gunman worked or had access to the phone as it belonged to the government agency and FBI stupidity lost them that access. Then they told Apple that they had to provide them the key to the phone. Apple correctly told them that no such thing exists as only the user (and in this case the employer, until they lost it) have the key. So then the FBI tried to make the case that they could force Apple to rewrite their software and then force update the phone to allow the phone to be unlocked without the key. A case that the FBI lost in parallel in a court case in New York shortly after on the same issue citing the same law they were trying to use in California. Seeing the wind blowing against them, the DOJ backed out with as much "dignity" they could muster. The court, not using the legalise, did not like the idea that the government could compel a company, who was under no criminal charges themselves on this, to provide product development and assistance to the government against their will to undermine their own products and services. The FBI deserved to have their asses handed to them in shame on this.

    --
    "Be particularly skeptical when presented with evidence confirming what you already believe." -
    1. Re:Wound self-inflicted by tom229 · · Score: 0

      Could Apple not brute force the phone themselves, and provide the FBI with the data? I understand they have no obligation to do so, under normal circumstances, but a warrant to do so, from an independent judge, essentially becomes that obligation. I've never understood the claim that it's "all or nothing" when it comes to iPhone security. It just doesn't make any sense and reeks of someone trying to play politics.

      --
      If it ain't broke, don't fix it.
    2. Re:Wound self-inflicted by Anonymous Coward · · Score: 0

      Warrants do not compel people to work for you, you fucking moron.
      Warrants don't work against parties not relevant to a case, you fuckboy.
      The government doesn't get to compel speech, you fucking fascist shit.

      FUCK YOU, YOU NAZI GOON

    3. Re:Wound self-inflicted by sumdumass · · Score: 3, Insightful

      Can I get a court order for you to pick the cotton on my south fields? I might if you broke a law and it was part of the punishment. But outside that it seems preposterous don't it? Even if I can make some convincing argument.

      The problem here is that the law allowing the warrant was created two years before the bill of rights was ratified let alone the amendment banning slavery except as a form of punishment. It is likely using it to force labor out of people would be in violation of these amendments. But using the law to take private property for public use could be constitutional if there is just compensation.

      In essence the argument for forcing Apple was we satisfied some of the constitutional requirements but ignore the constitutional prohibitions. A lot of people don't see the problem but those same people will cry foul when some other constitutional prohibition is in violation. What Apple did made them look like asses to those people and heroes to others who couldn't financially afford the fight if pushed on them.

    4. Re:Wound self-inflicted by dryeo · · Score: 1

      It's a search warrant. It gives the authorities permission to search something, a phone in this case.
      It is not a slavery warrant, which is unconstitutional in most all western countries. You can not use a search warrant to force someone to do something (besides stand aside and not interfere).
      The authorities are free to break a lock, they are free to ask a locksmith to help unlock a lock. They are not free to force a locksmith to break a lock.
      If the authorities are incapable of breaking a lock, well tough luck. Sometimes the rule of law allows criminals to get away with crime and that is the way it is designed in a free country.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re:Wound self-inflicted by tom229 · · Score: 1

      Well that is the argument entirely. Is the warrant lawful? Apple is trying to argue that the warrant infringes on their right to free speech. A notion almost as ridiculous as a warrant to force someone into slave labor. Not all warrants are lawful simply by being warrants, sure, but this one probably is/was. The FBI was asking Apple to help them get access to a device protected by their software kill switch. There is precedence for this. As a simple example: a warrant can be issued to a car company to activate a kill switch in a car to stop a high speed pursuit. The fact of the matter lost on most people taking ideological exception with this case is that Apple is making a lot of noise over nothing. They could have helped the FBI gain access to this phone without compromising security for all their users. Instead they chose to cease the opportunity for a PR campaign. An unfortunate, and down right twisted, decision if you ask me.

      --
      If it ain't broke, don't fix it.
    6. Re:Wound self-inflicted by cbiltcliffe · · Score: 1

      There is precedence for this. As a simple example: a warrant can be issued to a car company to activate a kill switch in a car to stop a high speed pursuit. The fact of the matter lost on most people taking ideological exception with this case is that Apple is making a lot of noise over nothing. They could have helped the FBI gain access to this phone without compromising security for all their users. Instead they chose to cease the opportunity for a PR campaign. An unfortunate, and down right twisted, decision if you ask me.

      This is not even remotely comparable. In the car analogy, the manufacturer already built the kill switch into the car. All the warrant is asking them to do is to flick said switch. (Incidentally, these high-speed chase cases usually aren't done with warrants. Warrants take too long to get. Instead, they use the reasoning of imminent danger to the public.)
      In Apple's case, the "kill switch" didn't even exist. The FBI wants them to write it. Since the Supreme Court has already declared that code is speech (despite various claims on this thread that the idea is stupid for Apple to even put forward) then what the FBI wants to do is to force Apple to say something for the government, that Apple in no way believes themselves.

      This is only tangentially related to encryption, but is almost entirely about free speech.

      --
      "City hall" in German is "Rathaus" Kinda explains a few things......
    7. Re:Wound self-inflicted by tom229 · · Score: 1

      The kill switch in all Apple phones is mandated by the California government. It seems Apple has a bit of a split personality when enforcing it's right to free speech. Either that or they're a bunch of scumbags playing politics with phone software. I'll let you decide.

      --
      If it ain't broke, don't fix it.
    8. Re:Wound self-inflicted by sumdumass · · Score: 1

      The two scenarios are not even comparable. In one the government is saying products of a certain type must meet these conditions to be sold. In the other they are saying since you created and sold something and we want you to, you have to do something you don't want to do. The only thing that might be comparable is the willingness of a company to comply but that is even separated by constitutional prohibitions on the government.

      While I do think Apple and the majority of their users are scumbags, I don't find that reasoning within your comment.

    9. Re:Wound self-inflicted by tom229 · · Score: 1

      The two scenarios are not even comparable. In one the government is saying products of a certain type must meet these conditions to be sold. In the other they are saying since you created and sold something and we want you to, you have to do something you don't want to do.

      So if the government "creates conditions" that require the Apple kill switch to have a backdoor you'll be OK with it? And apple should be too right? I happen to find greater objection with the notion that the government can "create conditions that must be met" in the design of software, over the idea of a government petitioning the maker of software to assist law enforcement in solving a crime. Defining what functionality your software must have is far more Orwellian than asking a company to assist law enforcement. The FBI is simply asking for their help. They don't need it, clearly, but Apple could certainly make their job easier - and has a warrant requiring them to do so.

      --
      If it ain't broke, don't fix it.
    10. Re:Wound self-inflicted by sumdumass · · Score: 1

      I don't have to be ok with anything to notice a difference between a condition to conduct business and a condition after the fact.

      I also do not understand why you think that is such a foreign concept. Cars for instance need seat belts. Being software related is meaningless unless you think there is something special about "on a computer ".

    11. Re:Wound self-inflicted by tom229 · · Score: 1

      Because, as I pointed out above, allowing an authority to define the scope of something made by a private company, or ubiquitously used by private citizens, is very subjective. While you might be ok with laws requiring you to wear a seatbelt while driving, you probably wouldn't be with laws requiring you to wear a padded suit, or mount a flashing red light on your hood if you've been in a recent accident. Once you start down that road, there's no checks and balances outside the whims of current legislators. That is why Apple's willingness to follow one forced piece of legislation requiring them to write software that results in the need for independent courts to serve them warrants to get around it, and their subsequent trepidation to do so, is highly ironic. Especially when they start moaning how writing software is free speech. Their concern with their freedom seems to be as whimsical as their desire you follow laws.

      --
      If it ain't broke, don't fix it.
    12. Re:Wound self-inflicted by sumdumass · · Score: 1

      I don't think you understand. Whether I like it or not, there is a fundamental difference between mandating security or safety features before it is sold (manufactured to a specification) and forcing something after the fact to suit some need that is specific to a situation not common to all devices. Sure a recall can allow them to repair or replace something but those happen to things discovered later that didn't meet some standards.

      As for your feature creep argument. I agree but I also consider it to be a separate situation from Apple meeting regulations verses retrofitting something after the fact upon the orders of government.

    13. Re:Wound self-inflicted by david_thornley · · Score: 1

      There's all sorts of regulations on things. Many of them are for safety. The car must not only have seat belts, it must have pollution control devices and functioning signal lights and brakes and steering that work. The limit is what the legislators decide, what their constituents are going to think of it, and whether it's in conflict with superior law. In this case, there's no evidence that Apple had any problem with trying to make iPhones as secure as possible.

      I don't understand what you're trying to say next . The legislation that the FBI was attempting to use was written long ago, and I don't know that it's ever been used to require such work to be done. Its extent is limited by law, and was apparently inapplicable anyway. A judge issued a court order of questionable legality, which Apple objected to. Apple has already cooperated to the extent clearly required by law.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  17. Appeal to Authority by Etherwalk · · Score: 1

    Nice appeal to authority. I see you win the argument.

    The appeal to authority as a logical fallacy exists when you appeal to the authority of someone unqualified. This is identifying a consensus among qualified people who are unbiased.

    While this can certainly be defeated logically, dismissing it out-of-hand as an appeal to authority is childish and fails to recognize that the world is complex and fields have experts. They can certainly be wrong--but simply saying "The FBI had a warrant" is not even close to a logical argument defeating the concerns of almost every expert in the free world. At most it is an answer to one constitutional concern that does not really apply in this particular case but will in the next one.

    1. Re:Appeal to Authority by tom229 · · Score: 1

      99% of people in tech--EVERYBODY who does not work with law enforcement and understands the issues--was against the FBI.

      This is an appeal to an authority that doesn't exist. 99% of "people in tech" were against the FBI? Really? When we're they polled? How we're "people in tech" and "understands the issues" defined? What you are saying simply isn't true. It is a blatent attempt to appeal to an authority that doesn't exist.

      I provided a substantive argument why I believed Apple was wrong, with sources to other cases. You provided nothing but a logical fallacy. As a matter of law, the FBI is required to present their evidence to a judge and obtain a warrant. Apple is required to follow the orders of a warrant issued by a judge, unless the warrant is unlawful. This is the argument. If you have something substantive to offer, I'd be glad to accept it for consideration.

      --
      If it ain't broke, don't fix it.
    2. Re:Appeal to Authority by Type44Q · · Score: 1
      It sounds like you're in law enforcement so you'll hopefully be able to appreciate this metaphor (particularly as it pertains to this one-sided debate you've chosen to engage in):

      Don't bring a knife to a gun fight.

    3. Re:Appeal to Authority by perpenso · · Score: 1

      The appeal to authority as a logical fallacy exists when you appeal to the authority of someone unqualified. This is identifying a consensus among qualified people who are unbiased.

      This population is incredibly unqualified to comment on matters of law. And they are also a bit biased, one might say they tend to the fervent pro-encryption pro-privacy side. Nothing wrong with that, not a bad bias to have, but a bias none the less. And then lets bring up their bias towards believing whatever Apple says and disbelieving whatever the FBI says. One side lying does not mean the other side is telling the truth.

    4. Re:Appeal to Authority by tom229 · · Score: 1

      I'm not. I'm in the energy sector and I'm not even from the United States. I have no dog in this fight. More accurately, I shouldn't bring objective reasoning to a highly emotional debate with people that already have their minds made up.

      --
      If it ain't broke, don't fix it.
    5. Re: Appeal to Authority by Anonymous Coward · · Score: 0

      And "the police and government want and can use the power so who are you to question it" is not an appeal to authority?

    6. Re:Appeal to Authority by Maritz · · Score: 1

      Every single thing you have said in this thread (and you've said a LOT) has been in defence of law enforcement accessing encrypted phones. Sure sounds like you have a dog in the fight mate.

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    7. Re:Appeal to Authority by Maritz · · Score: 1

      One side lying does not mean the other side is telling the truth.

      Thanks for that genius. How about this: I think Apple are a bunch of smug tossers trying to make PR hay out of their 'privacy' stance, and I think the FBI are over-reaching Fed dickheads who will never be sated until they know what it says on the labels of everyone's pants every day of the week.

      Try not to assume that everyone else is stupid. It might be that you're underestimating people. You aware of the bias of assigning internal causes to others' perceived failings?

      --
      I do not want your cheap brainburning drugs. They are useless for work. And I am a working man today.
    8. Re:Appeal to Authority by david_thornley · · Score: 1

      No, you should bring objective reasoning. Try it sometime. Start by showing a little awareness of the difference between a search warrant and what the FBI wanted to compel Apple to do. Then explain what the real difference is between a four-digit PIN with automatic wipe on one hand, and a long secure password on the other hand, since both prevent outsiders from cracking the security. Such a password would be awkward to enter on an iPhone, but easy to enter into a laptop with full-disk encryption or encrypted files. Since you object to the automatic wipe, do you think password strength should be controlled by law?

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    9. Re:Appeal to Authority by Etherwalk · · Score: 1

      99% of people in tech--EVERYBODY who does not work with law enforcement and understands the issues--was against the FBI.

      This is an appeal to an authority that doesn't exist. 99% of "people in tech" were against the FBI? Really? When we're they polled? How we're "people in tech" and "understands the issues" defined? What you are saying simply isn't true. It is a blatent attempt to appeal to an authority that doesn't exist.

      What I am saying is not confirmed by a poll, which is not the same as saying it "simply isn't true." It's an estimate based on having seen only one guy in tech favor the FBI, and he *worked with law enforcement regularly*. Everyone else I've seen or heard from in Tech favors apple. "People in tech" is an obviously somewhat ambiguous group, but changing the scope isn't going to change the support percentages to significantly favor the FBI until you start including a lot of people who really have little or no experience in tech--and the percentage probably goes up as you get to people who know more about electronic security.

      I provided a substantive argument why I believed Apple was wrong, with sources to other cases. You provided nothing but a logical fallacy. As a matter of law, the FBI is required to present their evidence to a judge and obtain a warrant. Apple is required to follow the orders of a warrant issued by a judge, unless the warrant is unlawful. This is the argument. If you have something substantive to offer, I'd be glad to accept it for consideration.

      Your "substantive" argument fails to take into account a host of issues, both legal and technical, and I don't want to spend my day restating positions anyone who is following the issue can find easily. Most obviously, though, a substantive argument that they complied with a law before that was like a requested order and therefore their challenge to the requested order is somehow invalid is absurd. I can get fifty-nine tickets for speeding, pay them, and still argue that the sixtieth was unconstitutional. And just because free speech rights can be revoked in certain circumstances doesn't mean they can be in all circumstances, or that they should be here, or even that that is the right lens to think of this through, or that it is the only issue discussed in Apple's brief, or in the DOZENS of amicus briefs from the ENTIRE tech industry.

      Also, you cited cnet, the LA times, and slashdot. You didn't make a citations to *cases*. In fact, the LA Times article you cite on going to jail for denying an employer access to his network by withholding passwords is woefully inadequate for use to support a generalized gutting of the First Amendment. Your argument on free speech law alone is, at best, overbroad and underinformed. Free speech law is actually fairly complicated with dozens of overlapping doctrines.

      And that's even before you approach the tech or practical issues.

    10. Re:Appeal to Authority by tom229 · · Score: 1

      Laws are what created this problem. The government needs to stop pretending they know what's best for people, and probably so do you, and so does Apple. This might be semantically different from a classic search warrant, but when applied to digital media with a kill switch it fits perfectly. I could envision a similar warrant with a physical device that nobody would have a problem with. Ie. Security company makes device that self destructs the contents, device is used in a crime, law enforcement petitions company that made device to help them get access. The vast amount of anger around this issue is due to an organised misinformation campaign by Apple and their internet lackies. The FBI isn't asking for anything extraordinary. Apple is behaving very oddly. You should ask yourself what their motives are. If you conclude they have your best interests in mind, at all, start over.

      --
      If it ain't broke, don't fix it.
    11. Re:Appeal to Authority by tom229 · · Score: 1

      It's an estimate based on having seen only one guy in tech favor the FBI, and he *worked with law enforcement regularly*.

      This is called anecdotal data, and it is completely useless. Due to the high likelihood of the rest of your rant relying on this, I didn't even read it.

      --
      If it ain't broke, don't fix it.
    12. Re:Appeal to Authority by david_thornley · · Score: 1

      Laws created which problem? Terrorism? The All Writs Act? The FBI? Please be more specific.

      It's not illegal to build a safe that, under certain circumstances, will destroy its contents, making it very hard to retrieve the contents without the combination. Before you say that nobody would have a problem with requiring the safe company to devise a way of opening it, please provide an example, because you're stating as fact things that I have no reason to believe are true.

      The FBI's demand is, as far as I've been able to find, beyond any previous use of the All Writs Act. This means you're either lying or deluded or can come up with some example of similar use of the All Writs Act. The FBI backed down as soon as it hit legal resistance, which is behaving very oddly if the law is on their side. The disinformation is not on Apple's side, or the FBI would not have retracted its demand.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    13. Re:Appeal to Authority by perpenso · · Score: 1

      As for people being unqualified to render an informed opinion. Well in matters of what the law is, yes, they are. Including and sometimes especially technical people.

  18. Getting Data != Decrypting Data by Anonymous Coward · · Score: 1

    The FBI's statement was that they extracted the data from the phone. That does not mean the FBI has decrypted the data. Nor do I ever expect to see anything that indicates they decrypted it. They were far more careful in the wording of that statement than they were in anything in their legal wrangling with Apple.

    The FBI had to claim they didn't need Apple's assistance any more. Apple's lawyers were severely embarrassing the FBI and their lawyers in the lead-up to the judge's decision. The FBI could not allow the judge to create the obvious precedent that was about to come. They had to vacate their case. No other conclusion makes any sense.

  19. Watch... by God+of+Lemmings · · Score: 1

    This thing will probably escalate to Police confiscating phones now during pullovers, to see if you're even slightly crooked so they can take your money.

    --
    Non sequitur: Your facts are uncoordinated.
    1. Re:Watch... by Agripa · · Score: 1

      They have already been doing that. Search the driver for officer safety, find the phone, and then search the phone just like you would a pack of cigarettes.

  20. Re:Why? Because you misunderstand by Bite+The+Pillow · · Score: 1

    It is a response to a flood of the same questions from multiple sources. It basically reads as "we will help if we can, as we always have, so stop bothering us."

    It is definitely not a declaration that they can and will break into any and all phones.

    Go on and read it, verbatim in tfa. Especially who signed it at the bottom.

  21. reminds me of Kim Jong Un by Anonymous Coward · · Score: 0

    This announcement by the FBI reminds me of how Kim Jong Un will declare that, for example, they just successfully detonated a nuclear weapon. There's no proof given, it's just assumed that we the public are supposed to believe whatever they say, because they are so trustworthy. If the FBI was able to hack the phone, then why don't they tell us, what information did they find on the phone that made it so important to threaten Apple with legal action? Everybody ridicules North Korea and the way they behave but I don't see a huge difference between the behavior of North Korea and the FBI in this instance.

    1. Re:reminds me of Kim Jong Un by meerling · · Score: 1

      LoL. I agree, and have been making much the same points, as have other people.

  22. Drone The Bohemian Grove 2016! by igobyjoshua · · Score: 1

    Wait... I forgot...... Does Obama dump the screaming new born kids in the fire @ Bohemian Grove during the Cremation of Care Ritual , OR Just the High Priest? Drone The Grove 2016! Yes Grandma, for the last time there will be countless wave after wave of Drones flying above the Bohemian Grove streaming the Cremation of Care Ritual to YouTube and CNN, get over it and take your pills silly...

  23. why is the fbi giving away its capabilities index? by Anonymous Coward · · Score: 0

    why is the FBI advertising to bad guys everywhere that it can unlock their phones?

    either
    a) the FBI is stupid, or
    b) the FBI is covering for the fact that they got the information on the phone via another source.

  24. arrest them! by samantha · · Score: 1

    They are in violation of DMCA anti-circumevntion and other computer crime law. Turn the instruments they use against the people back upon them. They are also violating Rico.

    1. Re:arrest them! by meerling · · Score: 1

      Ok, and who's going to arrest them?
      Law enforcement pretty much seems to assume anymore that laws apply to us, not them.

  25. Ew, gross. You creep! by Anonymous Coward · · Score: 0

    Wow, you don't like privacy. What a creep! Ew, that is gross. You should be institutionalized along with all of the other sickos who abuse people's personal space. Even a child understands this. WTF is wrong with you!?

  26. No one knows what iPhone was used for ... by perpenso · · Score: 1

    Correct: it wasn't the one used in planning the terrorist attack.

    We don't know that. No one knows what this iPhone was used for. That is why someone wanted to open it up and take a look, to determine *if* anything is there. As others have pointed out the murderers left plenty of evidence lying around at home, not all evidence was destroyed. Was this phone at home? Did they want to keep one working phone with them, so they used the less incriminating phone?

    The only fact we know is that it was the County's phone and the County gave permission to open it and look. The owner consented to the search, so search and seizure rules would not apply as they normally do with an uncooperative owner.

    1. Re:No one knows what iPhone was used for ... by Geoffrey.landis · · Score: 1

      Don't be stupid. They went to great lengths to destroy their phones and computers. Thinking oh, but they left information on the phone they didn't think was worth taking the trouble to erase is rather wishful thinking. Sure, it can't hurt to look, but there's not going to be anything here.
      They do have permission to search the phone. That's not the issue. The issue is, does the court have the power to force Apple to write software to the FBI's specifications, and sign it with their digital signature?

      --
      http://www.geoffreylandis.com
    2. Re:No one knows what iPhone was used for ... by david_thornley · · Score: 1

      If the FBI had wanted the information on that phone, the FBI could have gotten it shortly after the attack, when it might have been useful. Instead, they destroyed their own access and, after a couple of months, demanded that Apple write a cracking tool. Looks to me like nobody cares what was on that phone.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  27. Would be no universal tool if made by Apple ... by perpenso · · Score: 1

    ... what they did mind officially was being told to destroy the security of all their customers' phones ...

    That is complete BS. A public relations and legal maneuver that Apple used to frame the argument, the debate. If Apple had made the modification to firmware/iOS then they could have added code to lock fbiOS to one unique device. This locking to a device could not be tampered with, fbiOS being protected by Apple's digital signature. A new court order would have been needed for each new device, so at least there would be judicial oversight in the "near nightmare" scenario.

    By forcing the FBI to go the internal or 3rd party route we now may have the "nightmare" scenario where a universal tool is available to all law enforcement, possibly with its use not done under proper judicial supervision. Apple is partly responsible for this. Yes, Apple was in a pretty f'd up situation, but that happens. Sometimes you have to deal with no good outcome, negative/negative decisions.

    Well, at least for now ... Looking forward to iPhone 8 or 9 where all the security currently residing in firmware/iOS is moved into Apple's custom CPUs where it is unpatchable.

    1. Re:Would be no universal tool if made by Apple ... by kybred · · Score: 1

      By forcing the FBI to go the internal or 3rd party route we now may have the "nightmare" scenario where a universal tool is available to all law enforcement, possibly with its use not done under proper judicial supervision. Apple is partly responsible for this. Yes, Apple was in a pretty f'd up situation, but that happens. Sometimes you have to deal with no good outcome, negative/negative decisions. .

      Shouldn't we consider that the tool already existed? The difference is that now knowledge of the tool is public. This might be considered a good thing.

  28. More fascism by Anonymous Coward · · Score: 0

    ... FBI will use the mysterious third-party method ...

    Since the method is also classified, the FBI isn't presumably launching a tender process for getting all those 'suspicious' phones unlocked by the lowest bidder. In short, the FBI is buying a service from one company, since no-one else knows the method used. (Yes, other companies may use other methods, so a tender process is still valid.) Time to buy shares in that company and demand they double their prices.

  29. Apple didn't pick the PR fight, the FBI did. by Brannon · · Score: 1

    Apple asked the FBI to file their request to the judge secretly (as generally is done in these situations), the FBI filed it publicly and then started their own PR campaign to try to put public pressure on Apple.

    The FBI then realized that Apple is also pretty good an marshaling public support, and that Apple can afford better lawyers; the FBI then took a tactical retreat.

    So why is the FBI still talking so publicly about cracking phones? No idea, I don't see any tactical advantage in it. I think they've just got hurt feelings and it's a form of chest-thumping.

  30. Apple sells hardware, Google sells advertising. by Brannon · · Score: 1

    It's that simple. I don't think either company is good or bad or altruistic, but fundamentally Apple has every incentive to protect user privacy because it's a differentiator for them and thus helps them to sell more hardware--which is where they make all their money. Apple sets up all of their user-facing services such that Apple themselves often don't have access to user-data. For example, Apple isn't in the loop for Apple Pay--they have no knowledge of what things you've bought with Apple Pay. Why? because they don't care, they just want you to but another iPhone someday.

    Google has a more complicated relationship with user privacy because they make their money selling targeted ads, and fundamentally they want to know everything they can about their users to better target ads.

    Clearly Apple & Google compete--and probably there's a bit of the undercutting that you talk about, but there's a simpler explanation if you just look at where the companies make their money.

  31. Apple had a really strong case. by Brannon · · Score: 1

    Real the legal blogs--the FBI was getting slapped around by Apple's lawyers.

    The free speech argument seems silly--until you realize that prior precedent has ruled that "code" is "speech" and that the first amendment also protects you against "coerced speech"--and thus "coerced code". It seems a little silly to engineers, but that's the law.

    There were a half-dozen other arguments that were all pretty strong.

  32. How does it show that Apple are liars? by Brannon · · Score: 1

    They never claimed it couldn't be broken--in fact they disputed the FBI's claim that they needed "Apple's help" to break into the iPhone.

    1. Re:How does it show that Apple are liars? by zenlessyank · · Score: 1

      Except Apple claimed they would have to make a new version of iOS to give the feds access. Which means to me and my feeble mind is they thought, or at least portrayed, that it was uncrackable. Whether true or not.

    2. Re:How does it show that Apple are liars? by Anonymous Coward · · Score: 0

      Apple didn't say the phone was uncrackable. They said they didn't know how to crack it. This is entirely consistent with fixing exploits as soon they become known.

      An *unknown* exploit was needed to gain access and Apple is not traditionally the best at finding those, having a mostly reactive posture to security.

    3. Re:How does it show that Apple are liars? by david_thornley · · Score: 1

      The court order laid out some very specific things for Apple to do, such as write the new iOS. You seem to be confusing Apple's claims with what the FBI said.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  33. Isn't what the FBI is doing illegal? by The_Revelation · · Score: 1

    I was under the impression that the DMCA rendered circumventing a digital lock to be illegal.... so why is the US government, who created that law, boasting about how they are circumventing the digital locks Apple has created for its devices? Surely evidence is inadmissible if it has been illegally obtained.

    1. Re:Isn't what the FBI is doing illegal? by meerling · · Score: 1

      Hmmm.... A warrant will allow them to bust through locks, but the DMCA is loaded with so much b.s., including about you can't do such things, I wonder how that would actually play out. (I'm talking pure logic here, not the courts. The courts will handwave it away because they're 'law enforcement'.)

    2. Re:Isn't what the FBI is doing illegal? by david_thornley · · Score: 1

      The DMCA does not apply to law enforcement actions, which includes both government actions and actions the government contracts for.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  34. Jail full of people doing what you think unlikely by perpenso · · Score: 1

    Don't be stupid.

    Please take your own advice. You don't think they wanted to have one device to monitor news, for calls, message, emails, etc. You think they wanted to be completely out of touch and blind?

    ... but they left information on the phone they didn't think was worth taking the trouble to erase is rather wishful thinking. Sure, it can't hurt to look ...

    That's the point. But more importantly, criminals get caught or implicate others all the time because they make *** mistakes *** and *** forget *** things and occasionally get *** sloppy ***. Its not wishful thinking to examine a secondary phone, its prudent investigatory procedure. Prisons are full of people doing things you apparently would not expect them too.

  35. in related news by cas2000 · · Score: 1

    In related news, they neglected to announce that the propaganda song-and-dance show worked perfectly and most of the public now believe that Apple courageously stood up to the FBI's demands and hadn't given them access years ago.

  36. Re:why is the fbi giving away its capabilities ind by meerling · · Score: 1

    I saw an FBI agent in an office store collecting sample printouts from various printers so he could build a model typeface database like they have for the old physical typewriters.
    It took a while for me to explain it to the point where he finally got, but he eventually understood that the fonts used were determined by the computer, not the printer. They don't have any physical typefaces, and can print with any font you want. (Sure, there are some differences between the print heads, but it's pretty bloody minor in most cases and tends to have little to no distinguishing characteristics, especially since many components are sourced from other companies, and those can change several times in a single manufacturing run.)

  37. prudent but unlikely by Geoffrey.landis · · Score: 1

    Of course it's prudent. They are not likely to find anything, but it's worth looking.

    But it's not "OMG if we don't crack this phone disaster! People will die! The terrorists win! It's either crack this phone or America is destroyed!"

    It's a cover the bases thing. But like all things, it's a trade off, Do you understand that there are some good arguments that forcing Apple to write new software to drill a hole in their own security system may not be entirely a good thing? A trade off is a cost-benefit analysis. In this case, the benefit is not very large.

    --
    http://www.geoffreylandis.com
    1. Re:prudent but unlikely by perpenso · · Score: 1

      A trade off is a cost-benefit analysis. In this case, the benefit is not very large.

      No. The big benefit is unlikely. But the "big" part is what outweighs the "unlikely" part. That's why it's considered prudent to check such things.

    2. Re:prudent but unlikely by Geoffrey.landis · · Score: 1

      A trade off is a cost-benefit analysis. In this case, the benefit is not very large.

      No. The big benefit is unlikely. But the "big" part is what outweighs the "unlikely" part.

      Benefit = amount of benefit TIMES probability of occurrence.

      (Otherwise the cost benefit trade-off of buying a lottery ticket would always be "buy buy buy!")

      The benefit is not very large, because the probability that there's anything useful on the phone is small. It would be prudent: if the costs of doing so were small

      --
      http://www.geoffreylandis.com
    3. Re:prudent but unlikely by perpenso · · Score: 1

      A trade off is a cost-benefit analysis. In this case, the benefit is not very large.

      No. The big benefit is unlikely. But the "big" part is what outweighs the "unlikely" part.

      Benefit = amount of benefit TIMES probability of occurrence.

      Yeah, "big" refers to amount. "unlikely" refers to probability. You've not seen one operand in a multiplication make the greater contribution to the result, "outweigh" the other?

      The benefit is not very large, because the probability that there's anything useful on the phone is small.

      No, in the unlikely event it indicates an unknown jihadi that is large, note the connection can be indirect, friend of friend. Again, criminals make mistakes that implicate others all the time.

  38. Piracy by Anonymous Coward · · Score: 0

    The mysterious third-party should sue the FBI for losted sales.