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FBI Releases (Redacted) Documents About The San Bernardino iPhone Case (go.com)

The FBI released 100 pages of documents about the unidentified vendor who unlocked the iPhone used by the San Bernardino shooter, but "censored critical details that would have shown how much the FBI paid, whom it hired and how it opened the phone." An anonymous reader quotes the Associated Press: The files make clear that the FBI signed a nondisclosure agreement with the vendor. The records also show that the FBI received at least three inquiries from companies interested in developing a product to unlock the phone, but none had the ability to come up with a solution fast enough for the FBI. The FBI also said in contracting documents that it did not solicit competing bids or proposals because it thought widely disclosing the bureau's needs could harm national security... The suit by the media organizations argued there was no legal basis to withhold the information and challenged the adequacy of the FBI's search for relevant records. It also said the public had a right to know whether the vendor has adequate security measures, is a proper recipient of government funds and will act only in the public interest. In refusing to provide the records, the FBI said the records had been compiled for law enforcement purposes and might interfere with ongoing enforcement proceedings, even though at the time the shooters were both dead and there were no indications others were involved.

35 comments

  1. More to the point... by Black+Parrot · · Score: 4, Insightful

    What did they find on the phone?

    --
    Sheesh, evil *and* a jerk. -- Jade
    1. Re:More to the point... by Anonymous Coward · · Score: 0

      Porn

    2. Re: More to the point... by Anonymous Coward · · Score: 0

      Lolcat memes

    3. Re:More to the point... by Anonymous Coward · · Score: 0

      maybe one of these?
      https://society6.com/product/black-hat-hacker_iphone-case#s6-6418535p20a9v430a52v377

  2. This is how Clone armies get built...... by Joviex · · Score: 1

    Nothing to see, NDA is fine, we are fine, everyone is fine... down here -- we're ok... how about you?

    1. Re:This is how Clone armies get built...... by Anonymous Coward · · Score: 0

      Most transparent administration ever!

    2. Re:This is how Clone armies get built...... by jaa101 · · Score: 1

      What's you operating number?

  3. [Redacted] by Anonymous Coward · · Score: 0

    This post [Redacted] [Redacted] [Redacted].It's totally [Redacted].

  4. Government and NDA's... WTF? by Marful · · Score: 4, Interesting

    How exactly does a public agency, beholden to the public enter a NDA?

    Shouldn't any NDA they enter just automatically be null and void?

    1. Re:Government and NDA's... WTF? by NotAPK · · Score: 3, Informative

      Agree completely. Surely contract law dictates that since the government can't legally break the law they can't circumvent FOI legislation? Hence, the NDA is void?

    2. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 1

      You can def be bound by NDA when working with a Govt agency, I have be bound by several not to disclose technology or infrastructure while working with/for an agency.

      That aside, it is in the public interest to know if the technology has been breached (legally or not) and citing "active criminal case" is a huge cop-out with no way to check or dispute.

      It is because we say so, na na na na naaaa!

    3. Re:Government and NDA's... WTF? by SeaFox · · Score: 4, Interesting

      You can def be bound by NDA when working with a Govt agency, I have be bound by several not to disclose technology or infrastructure while working with/for an agency.

      You have it backwards. This is the government being bound by the NDA of the private company. You're talking about yourself being bound by an NDA enforced for the government's infrastructure.

    4. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 0

      >How exactly does a public agency, beholden to the public enter a NDA?

      'cause the company said, sign it, or we don't do squat...?

      >Shouldn't any NDA they enter just automatically be null and void?

      Sure. But that only works once, if you can't trust the FBI to be bound by an NDA, no one will ever work for them again...

    5. Re:Government and NDA's... WTF? by 93+Escort+Wagon · · Score: 2

      Well they COULD tell you... but then they'd have to kill you.

      --
      #DeleteChrome
    6. Re:Government and NDA's... WTF? by 93+Escort+Wagon · · Score: 5, Insightful

      Actually, it wouldn't surprise me in the slightest if it was the FBI who said "make us sign an NDA or we won't hire you".

      --
      #DeleteChrome
    7. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 1

      I find it more believable that the FBI required the NDA by the vendor in order to keep both parties silent. In other words... a 2-way NDA.

    8. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 0, Funny

      Hmm, I've heard database vendors require such NDAs because they don't want performance publicly discussed (in other words, they don't want merit-based competition... "Professionalism" sucks and also there's no Capitalism).

      To me, such kind of contract looks void from the start as it is incompatible with the transparency obligations.

      But who am I fooling? Is this a democracy?

    9. Re: Government and NDA's... WTF? by Anonymous Coward · · Score: 0

      Because the grown up world in no way works the way you think it does.

    10. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 0

      Believe it or not, the FOIA act does specifically address such things. Perhaps you should read it instead of making shit up.

    11. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 4, Insightful

      It's just another way they weasel out of FOIA compliance. They do the same thing with the Harris Corporation, maker of Stingray devices. If one of those comes up in court, the feds will drop the charges and let a criminal go free, rather than discuss the Stingray in court. It's becoming very popular in law enforcement to avoid FOIA any way you can. Did you know that in Massachusetts, SWAT teams are private companies and therefore immune to public records requests?

      Your tax dollars at work, creating the Brave New World where law enforcement isn't accountable to anyone.

    12. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 0

      Did you know that in Massachusetts, SWAT teams are private companies [washingtonpost.com] and therefore immune to public records requests?

      So then killing them is not legally killing a police officer, just a private contractor, same as any other private citizen.

      Ammo up!

    13. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 0

      > Shouldn't any NDA they enter just automatically be null and void?

      yup. its a crime. contracts that require criminal acts, or are conspiracies to commit criminal acts, are unforceable by law.

      **the entire public organization is guilty of willfully conspiring to evade requirements of record-keeping as required by law.**

    14. Re:Government and NDA's... WTF? by Joviex · · Score: 1

      Believe it or not, the FOIA act does specifically address such things. Perhaps you should read it instead of making shit up.

      I know how to be lawyer'n! I git my degree from cracker jack box, hommie! I is crack case lawyer, bruh!

    15. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 0

      "When the government does it, it's not illegal."

      -Nixon

    16. Re:Government and NDA's... WTF? by Anonymous Coward · · Score: 0

      "it is in the public interest "
      It is in the public interest to deal with criminals.
      The Constitution is not a suicide pact when dealing with domestic and foreign actions that pose a threat to the Nation. President Lincoln suspended habeas corpus and arrested reporters who were harming the war effort. FDR violated the Constitution and ignored laws passed in Congress designed to keep the US out of WW2. FDR wanted to wire tap suspected spies and Congress passed a law preventing the government from using wire taps to gather information on German agents operating in the US during the war.

      The Civil War and WW2 were significant challenges and letting the "public" get involved and make group decisions was a recipe for disaster.

        "huge cop-out with no way to check or dispute"
      You could always get this information from the court issued warrant.

       

  5. Re:I pooped by Anonymous Coward · · Score: 0

    I pooped twice today... one of those was on the kitchen floor again.

  6. Re: I pooped by Anonymous Coward · · Score: 0

    me too also in the bathtub

  7. Backdoors a definite No No by Anonymous Coward · · Score: 1

    Backdoors in USA devices is a definite no-no. You put a backdoor into a device, and Putin comes along, backdoors your democracy, and then he gets access to the backdoors in those devices.

    A good government quickly turned in one election cycle, and all those missle defense systems, all that military spending, all that NSA surveillance, all becomes worthless defense, if they can put a traitor in, who'll unlock the gate.

    5 eyes countries, spied on their own people on the excuse of 'terrorism'. They even allowed other 5 eyes countries access to that data. But that was OK, because they're all democratic governments full of 'good guys'. They've all signed 'no spy for political purposes' contracts. And contracts are binding... right? What could possibly go wrong Theresa?

    Now the largest of the 5 eyes countries has been mangled by Putin's hackers, which gives their bad-actor access to 5 eyes surveillance data and those countries politicians in turn can be controlled and monitored and leaked against in *their* countries elections using their own surveillance systems. Turning them into puppet regimes too.

    And democracies are inherently weak at election time, rivalry means opposition politicians will side with foreign attackers to get power. And reward those foreign attackers by ignoring invasions, cancelling sanctions, covering up hacking, and endless Twittering about "How good ties with Russia are very important" and that "CIA are make up lies about Russia". When you're Presidents Twitter feed looks like 70's Pravda, it's too late then to think it was a bad idea to open backdoors to communications.

  8. Re: I pooped by Anonymous Coward · · Score: 0

    This thread reminds me of the monkey
    https://www.youtube.com/watch?...
    I am the monkey I can go anywhere

  9. Document Link? by Anonymous Coward · · Score: 0

    Slashdot posts are usually good at posting the links to mentioned documents.

  10. Plot twist.. by slashkitty · · Score: 1

    They hired the Russians. Providing money to hack the election.

    --
    -- these are only opinions and they might not be mine.
  11. anyone find the actual documents online? by cbh01 · · Score: 1

    Anyone find the documents online? Can you send the link?

  12. Waste by Anonymous Coward · · Score: 0

    So there are police who could use a budget increase, but they spend a small fortune to access the phone of a dead criminal with little expectation of finding anything useful instead.

  13. didn't entertain other offers by Anonymous Coward · · Score: 0

    "The FBI also said in contracting documents that it did not solicit competing bids or proposals because it thought widely disclosing the bureau's needs could harm national security"

    yet the FBI was publicly stating their needs way before they ever paid for the software.
    their response is bullshit