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FBI Couldn't Access Nearly 7,000 Devices Because of Encryption (foxbusiness.com)

Michael Balsamo, writing for Associated Press: The FBI hasn't been able to retrieve data from more than half of the mobile devices it tried to access in less than a year, FBI Director Christopher Wray said Sunday, turning up the heat on a debate between technology companies and law enforcement officials trying to recover encrypted communications. In the first 11 months of the fiscal year, federal agents were unable to access the content of more than 6,900 mobile devices, Wray said in a speech at the International Association of Chiefs of Police conference in Philadelphia. "To put it mildly, this is a huge, huge problem," Wray said. "It impacts investigations across the board -- narcotics, human trafficking, counterterrorism, counterintelligence, gangs, organized crime, child exploitation." The FBI and other law enforcement officials have long complained about being unable to unlock and recover evidence from cellphones and other devices seized from suspects even if they have a warrant, while technology companies have insisted they must protect customers' digital privacy.

299 comments

  1. apples new face unlock will make it easy! by Joe_Dragon · · Score: 4, Funny

    apples new face unlock will make it easy!

    1. Re:apples new face unlock will make it easy! by networkBoy · · Score: 4, Interesting

      no different than print unlocks. You can be compelled to give your print (face) so just turn it off.

      What I wish is that there was a stock way to program a panic print, such that you enter that print and the phone locks requiring a PIN to unlock. Set your middle finger to be the panic print and when you pull your phone out of your pocket near a risk situation just touch the sensor on the way out. A distinct vibrate could let you know it took.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    2. Re:apples new face unlock will make it easy! by seinman · · Score: 4, Informative

      On an iPhone, this is accomplished by pressing the lock button five times in a row. A little more cumbersome, but still easy enough to do quickly if the need arises.

    3. Re:apples new face unlock will make it easy! by un1nsp1red · · Score: 3, Insightful

      I use Nova Launcher on my Pixel XL and you can do something very similar -- I have mine set so if I double-tap the screen at any time it instantly locks the screen and switches from print-unlock to PIN. Not sure if it works with a specific 'panic print' -- I set it a long time ago and haven't revisited the settings.

    4. Re: apples new face unlock will make it easy! by slazzy · · Score: 1

      Or left hand secures device in panic, right hand unlocks - or whatever you choose.

      --
      Website Just Down For Me? Find out
    5. Re: apples new face unlock will make it easy! by networkBoy · · Score: 1

      nah, needs to be whatever hand usually grabs phone. If it's usually in your right pocket you want to be able to trigger panic as you're pulling it out of your pocket.

      That or a setting for "After n failed attempts require PIN" setting, then set n == 1 or 2 and just use a finger that isn't programmed.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    6. Re:apples new face unlock will make it easy! by tlhIngan · · Score: 3, Interesting

      no different than print unlocks. You can be compelled to give your print (face) so just turn it off.

      What I wish is that there was a stock way to program a panic print, such that you enter that print and the phone locks requiring a PIN to unlock. Set your middle finger to be the panic print and when you pull your phone out of your pocket near a risk situation just touch the sensor on the way out. A distinct vibrate could let you know it took.

      1) On iOS, pressing the power button 5 times quickly will disable biometrics and require the PIN/password/etc authentication. ("Emergency mode" it's called)

      2) Face ID requires you to look at it. If you're not looking at it it will refuse to do a recognition attempt (but still count as one of the 5 tries). If you failed to do step 1 when handing over your phone, looking everywhere else (or closing your eyes) is sufficient to fail scanning. This also means pointing the phone at your face from a distance will fail it. (And as well, it will probably scan whoever's got your phone as well, reducing the count before mandatory passcode).

    7. Re:apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      apples new face unlock will make it easy!

      Only if police officers can manage to restrain themselves from beating the accused about the neck and head to keep the "key" intact.

      I'm sure massive hemorrhaging, swelling, bleeding, and broken facial bones would really do a number on the pattern match when they hold the phone up to the accused face to unlock it.

    8. Re: apples new face unlock will make it easy! by cayenne8 · · Score: 3, Informative

      That or a setting for "After n failed attempts require PIN" setting, then set n == 1 or 2 and just use a finger that isn't programmed.

      How about just NOT using face or print to open, and just keep using a fairly complex password.

      And...keep your phone locked at all times requiring that password to open.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    9. Re:apples new face unlock will make it easy! by Anonymous Coward · · Score: 1

      Or use a passcode instead of TouchID or FaceID. I continue to use a 9 digit PIN on my iPhone for both unlock and ApplePay.

    10. Re:apples new face unlock will make it easy! by WillAffleckUW · · Score: 3, Funny

      The safest way is to use the SSN of the NSA chief. I find nobody ever uses this as their PIN, and it's ironic.

      --
      -- Tigger warning: This post may contain tiggers! --
    11. Re:apples new face unlock will make it easy! by WillAffleckUW · · Score: 2

      1) On iOS, pressing the power button 5 times quickly will disable biometrics and require the PIN/password/etc authentication. ("Emergency mode" it's called)

      2) Face ID requires you to look at it. If you're not looking at it it will refuse to do a recognition attempt (but still count as one of the 5 tries). If you failed to do step 1 when handing over your phone, looking everywhere else (or closing your eyes) is sufficient to fail scanning. This also means pointing the phone at your face from a distance will fail it. (And as well, it will probably scan whoever's got your phone as well, reducing the count before mandatory passcode).

      Not really. They just have to have one 3D image from standard camera range where you met those conditions. The only safe way is PIN only.

      --
      -- Tigger warning: This post may contain tiggers! --
    12. Re:apples new face unlock will make it easy! by WillAffleckUW · · Score: 1

      Pattern match is based on standard biometrics - only impacts if your eyes, nose, mouth, chin are impacted. They can beat you bloody everywhere else.

      --
      -- Tigger warning: This post may contain tiggers! --
    13. Re: apples new face unlock will make it easy! by EvilSS · · Score: 1

      Or left hand secures device in panic, right hand unlocks - or whatever you choose.

      How about right hand unlocks, left hand dead-shorts the battery. "Sure officer, you can inspect my phone" hands it over with left hand...

      --
      I browse on +1 so AC's need not respond, I won't see it.
    14. Re:apples new face unlock will make it easy! by Joe_Dragon · · Score: 1

      the 3 letter people have stuff that does not show the marks of cop beat down.

    15. Re: apples new face unlock will make it easy! by networkBoy · · Score: 2

      which is what I do in high risk environments.
      but I am looking for a security / risk trade-off that makes the fingerprint reader slightly less of a vulnerability.

      But I do agree with the premise, that if you really care about the device security you should be using a PIN / passcode that will remain secure.

      My wishlist:
      register finger(s) for instalock, and if you bounce that finger on the reader 5 times it initiates secure erase.

      --
      whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
    16. Re:apples new face unlock will make it easy! by jwhyche · · Score: 2

      Sweet. I use the Nova Launcher but I didn't know that it could do that. I will now seek it out and set it up.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    17. Re: apples new face unlock will make it easy! by tlhIngan · · Score: 3, Insightful

      How about just NOT using face or print to open, and just keep using a fairly complex password.

      That actually leads to less security. Because prior to fingerprint sensors, about 50+% of phones had no passcode system enabled whatsoever.

      The reason? It turns out passcodes are the antithesis to how these devices are operated - often glanced at (unlocked) hundreds of times a day, with each interaction lasting a few seconds, tops. Entering a passcode is enough of a bother that people don't actually... bother.

      That's why they have biometric sensors - the goal is to turn that 50% of devices with no lock into a very low percentage - the biometric allows for quick and easy unlocking of the phone (basically without getting in the way) but have the benefits of a locked phone.

      You see this in real life too - next time, check out the password your retail guy uses when they check you out - because the checkout kioss are typically locked, you'll find they have a quick password they can enter so they can get your transaction done quickly.

    18. Re:apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      Christopher Wray should be put in prison. It is illegal to attempt to crack someone else's encrypted data without their consent.

    19. Re: apples new face unlock will make it easy! by jwhyche · · Score: 3, Insightful

      Because most of us don't have anything on our phones that is worth going to prison to keep hidden. In fact even with a finger print and key number on my phone, if the law enforcement showed me a court order to unlock my phone I am pretty sure that I will do it. After consulting my attorney, and of course following his advice first.

      Point is there is nothing on my phone but pictures of my kids, grandkids, and 1 picture of my exwife, plus my family contacts. Nothing that I need to secure enough to type in a 16 digit pin for everytime I want to make a phone call or buy a bag of chips.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    20. Re: apples new face unlock will make it easy! by Dare+nMc · · Score: 3, Insightful

      How about right hand unlocks, left hand dead-shorts the battery.

      If you destroy it after you were asked to hand it over, then that would likely be destroying evidence (a crime.) If the data was encrypted, and only the method to unlock changed. It would be much tougher to make a case against you.

    21. Re: apples new face unlock will make it easy! by jwhyche · · Score: 3

      But most importantly is we shouldn't have too.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    22. Re: apples new face unlock will make it easy! by AvitarX · · Score: 1

      But the great thing about print unlock is that it makes using a super complex password a lot less difficult, as you only need to type it a few times a day at worse.

      --
      Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
    23. Re: apples new face unlock will make it easy! by kilodelta · · Score: 1

      Well kiss your 4th amendment rights goodbye then.

    24. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 1

      Point is there is nothing on my phone but ...

      Depends on how much your trust your local police force to NOT plant evidence in your phone once they unlocked it.

      Unless you happened to have a copy of the phone memory, and good luck convincing the court it was the real copy against cops' assertion, you are screwed.

      Not to mention the stuff you thought was "innocent" on your phone could come back and bite you. Give me six lines from the most innocent man...

    25. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      Those are the most popular places to punch.
      Pigs can't control themselves.

    26. Re: apples new face unlock will make it easy! by pnutjam · · Score: 1

      It's a quick unlock code, but often a more cumbersome process to get things opened up initially. When a biometric becomes the default password instead of functioning as a quick access pin, they are displacing better security.
      It's better to have no password and then a strong one if the phone is off or idle for an extended time.

    27. Re: apples new face unlock will make it easy! by jwhyche · · Score: 2

      Actually no. There is nothing on anyone's phone that they can't get from the carrier, encrypted or not. I've been on the other end so I know what these carriers can and can't do to your phone.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    28. Re: apples new face unlock will make it easy! by jwhyche · · Score: 2

      Oh and I believe you missed the part where I said "with a court order" and "upon advice from my attorney". I'm in no way going to give any cop off the street my phone and say have a it. But if they produce a valid court order and my attorney says let them have it, I'm going to comply.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    29. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      No, most importantly we still have know-it-alls who don't actually know how to use the word "too".

    30. Re:apples new face unlock will make it easy! by BlueStrat · · Score: 0

      Christopher Wray should be put in prison. It is illegal to attempt to crack someone else's encrypted data without their consent.

      Silly person, laws only apply to the little people. I'd have thought the last couple of decades, especially the last decade, in US politics would've made that clear to even the most dense.

      "Law for thee, not for me."

      The Rule of Law in the US is a Norwegian Blue pining for the fjords. It wouldn't 'voom' if you put fifty thousand volts through it.

      It's dead, Jim.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    31. Re:apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      A distinct vibrate could let you know it took.

      Both you and the authorities, making you now guilty of obstructing an investigation by physical actions taken by you of your own free will. Add that to the charge sheet. Good job.

    32. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      If you choose not to sign in to google when you get an unlocked Nexus or Pixel phone then what could the carrier possibly get?

      Unless you choose to purchase a phone from a carrier with a backdoor (carrier specific applications) pre-installed I don't see how they could have obtain access?

      Please enlighten with as many specifics as you can remember and care to reply with.

      Thanks

    33. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      My work in the private sector has a bring your own device policy and requires device encryption. Encryption is not just about keeping out the feds it's a out keeping anyone out that shouldn't have access.

    34. Re: apples new face unlock will make it easy! by EvilSS · · Score: 1

      "Sorry officer, it's a Samsung phone..."

      --
      I browse on +1 so AC's need not respond, I won't see it.
    35. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      His use of 'too' is correct. So what we actually have is just a anonymous idiot.

    36. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      In ios11 if you press the power button 5 times it enters an emergency mode which allows you either quickly turn off the phone or enter sos mode. Also it disables touchID/faceID till you re-enter the password.

    37. Re: apples new face unlock will make it easy! by Altrag · · Score: 3, Insightful

      So the old "nothing to hide, nothing to fear" argument?

      Say you get pulled over by a particularly obnoxious cop who really takes a dislike to you but can't find a legit reason to arrest you.. so he looks through your phone and finds a picture of your grandkid in the bath when they were 8 months old.. Bam! Child porn!

      Even if that gets thrown out (you it almost certainly would because I've made the scenario intentionally extreme to the point of silly,) the fact that you even got arrested for it is now on your permanent record and is going to have to be explained any time you need to look for a new job or cross the border or any other such things where they want to look at your criminal record.

      OK so you decide you won't show your phone to whatever beat copy happens to pull you over and will only show it after consulting with your lawyer.. so now they're going to arrest you for refusing to cooperate instead so that they can take you into the station while you make the call. And certainly refusing to cooperate may not sound as bad as child porn on your record but has a much better chance of being upgraded from "arrested" to "charged" since you technically did refuse to cooperate in that instance, whether or not they find anything more serious to charge you with.

    38. Re: apples new face unlock will make it easy! by Altrag · · Score: 1

      Liar, liar pants on f.. oh wait nope its the truth this time.

    39. Re: apples new face unlock will make it easy! by jwhyche · · Score: 3

      So the old "nothing to hide, nothing to fear" argument?

      No. Again read what I said and take note of where I said "with a court order" and "upon advice from my attorney." You need to read what is said and not read into something you think it says.

      It is the same thing if they show up at my door with a search warrant, which is a court order, I'm going to let them search. I'm in no way saying "here search my phone just simple because you want too."

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    40. Re:apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      Couldn't access 7000 devices? I find that very hard to believe if ANY of them are made in backdoor-central aka the US of A...

    41. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      Wow, a court order. I hear those are hard to get. .0001% of requests are actually turned down.

    42. Re:apples new face unlock will make it easy! by Big+Hairy+Ian · · Score: 1

      apples new face unlock will make it easy!

      Use your come face so at least they have to jack you off to access your device

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    43. Re:apples new face unlock will make it easy! by Big+Hairy+Ian · · Score: 1

      Just wondering what the common denominator is in the 50% they could access?

      --

      Build a Man a Fire, and He'll Be Warm for a Day. Set a Man on Fire, and He'll Be Warm for the Rest of His Life.

    44. Re:apples new face unlock will make it easy! by Agripa · · Score: 1

      What I wish is that there was a stock way to program a panic print, such that you enter that print and the phone locks requiring a PIN to unlock.

      If this is a security consern, then do not use biometric security in place of a passcode. What is needed is an option that *all* biometric security methods for a given device deniable lock it so it is not possible to tell if it was a biometric failure or deliberate.

      I wonder if this push for biometric security is a way to mollify the FBI or has been encouraged by the FBI since it defeats security.

    45. Re: apples new face unlock will make it easy! by Agripa · · Score: 1

      That actually leads to less security. Because prior to fingerprint sensors, about 50+% of phones had no passcode system enabled whatsoever.

      The reason? It turns out passcodes are the antithesis to how these devices are operated - often glanced at (unlocked) hundreds of times a day, with each interaction lasting a few seconds, tops. Entering a passcode is enough of a bother that people don't actually... bother.

      That's why they have biometric sensors - the goal is to turn that 50% of devices with no lock into a very low percentage - the biometric allows for quick and easy unlocking of the phone (basically without getting in the way) but have the benefits of a locked phone.

      You see this in real life too - next time, check out the password your retail guy uses when they check you out - because the checkout kioss are typically locked, you'll find they have a quick password they can enter so they can get your transaction done quickly.

      This depends on the threat. Biometric security is sufficient to prevent access from non-government actors. It is useless for preventing government access in violation of the 4th and 5th amendments. A passcode protects against both but as you point out, it must be actually used to be effective.

    46. Re: apples new face unlock will make it easy! by Agripa · · Score: 1

      ... so now they're going to arrest you for refusing to cooperate instead so that they can take you into the station while you make the call. And certainly refusing to cooperate may not sound as bad as child porn on your record but has a much better chance of being upgraded from "arrested" to "charged" since you technically did refuse to cooperate in that instance, whether or not they find anything more serious to charge you with.

      Not cooperate with what? If you do it right, then they will not be able to prove that the phone is yours negating inevitable discovery.

    47. Re: apples new face unlock will make it easy! by Agripa · · Score: 1

      "Sorry officer, it's a Samsung phone..."

      It is safer not to answer questions, any questions except those required by law like for identification.

    48. Re: apples new face unlock will make it easy! by Anonymous Coward · · Score: 0

      As does their TouchID. And that is why I donâ(TM)t use TouchID and wonâ(TM)t use âoeface IDâ when I get that generation od Apple products. The LEOs canâ(TM)t make a person enter or say their passcode/password from what I read. Go Apple!!!

    49. Re: apples new face unlock will make it easy! by stealth_finger · · Score: 1

      His use of 'too' is correct. So what we actually have is just a anonymous idiot.

      Either you're trolling or just as stupid as the first guy.

      to - to go somewhere, we shouldn't have to do this

      too - also, do you keep kiddieporn, bomb plans and assassination plots on your phone too?

      Now if he'd of said we shouldn't have to do this too, as in with another thing he would've been right, but he didn't.

      Tune in next week when we learn how to comfort grammar nazis, there, they're, their.

      --
      Wanna buy a shirt?
      https://www.redbubble.com/people/stealthfinger/shop?asc=u
    50. Re: apples new face unlock will make it easy! by david_thornley · · Score: 1

      If you have an iPhone, there's a setting that will wipe your phone if the wrong PIN is entered ten times. (Actually, it wipes the AES-256 key, which is easier and faster, and leaves the actual contents as unreadable garbage.) If you use a random four-digit PIN, there's a 0.1% chance of guessing the PIN before the phone is wiped. If that's good enough for you, four digits is all you need.

      Sure, this allows someone to wipe your iPhone given enough access (there's timeouts on later attempts), but there's so many other ways you can lose data if you don't back up your phone.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    51. Re: apples new face unlock will make it easy! by david_thornley · · Score: 1

      If the police remove a phone from my shirt pocket, and it's got my fingerprints all over it, it's a pretty good bet that it's my phone and I know how to unlock it (not to mention that the splash screen, which can be seen without unlocking it, is a picture of my cat in a Christmas tree).

      If the police bring in a phone that was found elsewhere and ask you if you can unlock it, don't. If you can unlock it, the fact that you can is potentially evidence against you, and the Fifth means you don't have to incriminate yourself.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    52. Re: apples new face unlock will make it easy! by Altrag · · Score: 1

      You need to read what is said

      Recommend taking your own advice. I dedicated the entire third paragraph to this part of the scenario.

    53. Re: apples new face unlock will make it easy! by Altrag · · Score: 1

      Technically 4th paragraph I guess since (the first sentence was a paragraph of its own. I wish /. had an edit function..)

  2. Alternatively... by computational+super · · Score: 5, Interesting

    Or, they're saying that they can't access these devices to lull criminals into a false sense of complacency.

    --
    Proud neuron in the Slashdot hivemind since 2002.
    1. Re:Alternatively... by Anonymous Coward · · Score: 0

      *ding*ding*ding*

    2. Re:Alternatively... by haibane · · Score: 0

      Or, they're saying that they can't access these devices to lull criminals into a false sense of complacency.

      Got to love the conspiracy theory here. Didn't even think of this one.

    3. Re:Alternatively... by Anonymous Coward · · Score: 0

      No conspiracy, they have done this repeatedly in the past

    4. Re: Alternatively... by Anonymous Coward · · Score: 0

      Lest we forget... "Apple must crack the terrorist's phone for us... Apple must crack the terrorist's phone for us... Apple must cr....oh, nevermind, we got it."

    5. Re:Alternatively... by AHuxley · · Score: 1

      Re "a false sense of complacency."
      Keep using the consumer grade systems, its totally safe.
      Until consumer tech encounters something like WARRIOR PRIDE.
      https://en.wikipedia.org/wiki/...
      NOSEY SMURF gave a hot mic.
      Depending on the phone its a "any content from the phone" collection :)

      The other part is for police to keep trusting their own phones.
      If no case goes to open court, average police, gov and mil workers and contractors still "trust" their phones.
      A great way to keep track of gov/mil/contractors and who might be talking to journalists.
      For people to keep speaking and trusting their phones, the feeling of security has to be reinforced for every generation of worker and phone.
      Reality is that collect it all has always worked and always will.

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re:Alternatively... by blindseer · · Score: 2

      Or, they're saying that they can't access these devices to lull criminals into a false sense of complacency.

      Let's think this through. We have an FBI that can actually access incriminating evidence but chooses to keep that to themselves. To what end? For this theory to work the FBI would have to knowingly let some of the worst criminals go on committing crimes.

      Perhaps they have already looked into these devices and determined that nothing is incriminating on them but claim publicly that they have not looked but believe that that if they could look that something of value might be there. This means keeping cases open when someone in the FBI knows that they don't have enough evidence to bring a case, the evidence on the device clears the accused, or incriminates someone else.

      Maybe the times that they look and find something useful the FBI concocts a "parallel construction" to disguise the fact that they can read these encrypted devices. That means that they can convict criminals they find rather than let them free. Because letting criminals go to commit crimes later reflects poorly on the FBI they are going to want to imprison those that pose a threat to society. Letting criminals go to commit serious crimes not only reflects poorly on the FBI on the whole but also on the individuals that decide, seemingly arbitrarily, which criminals they let go to potentially harm others. That's just being fucked in the head.

      Unless these criminals they allow free do not actually pose a threat to society, because they've already preselected the worst-of-the-worst and convicted them by evidence from parallel construction, then there's no real threat posed. If there is a real threat, because the FBI needs the threat to exist and so releases criminals to create the threat, and they get the back door in encryption that they want so badly then what happens? Now, with the hobbled encryption in place the FBI must admit that they can now access these devices, or at least future devices with hobbled encryption, and the criminals now know that they cannot trust the encryption on any commodity device.

      Once criminals know that an off the shelf iPhone, or whatever, does not protect them from FBI snooping then they will simply move to some kind of encryption that the FBI has not hobbled in law. Encryption really isn't that hard. There's enough material out there on encryption right now that most anyone with some undergraduate level math and computer science training could implement something that the FBI could not break. If you make having unbreakable encryption a crime then only criminals will have unbreakable encryption.

      For this ruse to stand you'd need a lot of people in on it. How would the FBI keep this secret? When, not if, this comes out then they will look criminally incompetent or criminally insane. They run the risk of people like Snowden taking this secret and running with it. They might reveal it publicly to make the FBI look like criminals. They might take it to some not so friendly nation like Russia, China, or North Korea, and keep this quiet so that they can use this ability to break encryption on commodity devices so that they can scoop up state and industrial secrets. They might run to some non-state entity and reveal to them how to break into commodity devices, and snoop in on public officials and private individuals for what can only be more criminal acts. To stop this the FBI would have to reveal that the current encryption we have is broken and must be fixed or these real and actual threats to public safety will have a tool that they can use against the FBI, including the ability to blackmail the FBI. The FBI might be able to save face and create some plausible story that "proves" they didn't have the ability to break current encryption.

      I see no end game where the FBI "wins" in this. If they get their backdoor then the ruse ends. If they keep quiet on their ability to break current encryption then they have to be letting real crimi

      --
      I am armed because I am free. I am free because I am armed.
    7. Re:Alternatively... by Anonymous Coward · · Score: 1

      No, there is always another angle that can be pursued on criminals that is not poisoned by the unprovable information that they received via illegal (or undocumented) means

      In fact, many investigations begin with data that will never be allowed into a court room.

      However, an impromptu investigation may reveal enough suspicious activity to get permission to perform a pen registry search, and any evidence from that could be brought into a court room and used to get a further warrant to wiretap

      Trust me, this happens very frequently and the original source of the data is NEVER brought into court proceedings

    8. Re: Alternatively... by Reverend+Green · · Score: 1

      Exactly. This is just propaganda. It's illegal to sell a phone in the United States that cannot be easily accessed by the Stasi.

    9. Re: Alternatively... by Anonymous Coward · · Score: 0

      Fuck off, clover. Go back to Reddit. Slashdot is for people who DO have a clue.

    10. Re:Alternatively... by currently_awake · · Score: 1

      Given that the phone companies can update your software remotely, including the software to unlock your phone, it is reasonable to assume your phone is a single secret court order or NSL away from fully compromised.

    11. Re:Alternatively... by david_thornley · · Score: 1

      Assuming Apple's Secure Enclave works as advertised, updating the software that can be updated won't help unlock the phone (assuming it's a 5S or later). The phone the FBI wanted Apple to open up was a 5C, the last model before Secure Enclave.

      Even if Apple can bypass the Secure Enclave, they'd be very reluctant to do so if it might become known, since it would be bad PR. Safer for them to have the Secure Enclave work as they say it does.

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

      Yes,
      Releasing guns to criminals in an attempt to maybe, probably, eventually getting high level drug cartel figures doesn't look like a winning strategy to me either, yet...

  3. Maybe by Anonymous Coward · · Score: 0

    They need to gather evidence in other ways. It's unlikely that drugghuman trafficking is all done via mobiles.

    1. Re:Maybe by I'm+New+Around+Here · · Score: 3, Funny

      You're right. I usually traffic my drugghumans with pickup trucks.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
  4. Great news by AmiMoJo · · Score: 4, Insightful

    Encryption works as designed.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    1. Re:Great news by Anonymous Coward · · Score: 5, Interesting

      My thoughts exactly. The State does not have, nor ever had, unlimited authority over information, specifically MY information. To say that this is a problem is to cast it as a negative. It is not.

    2. Re:Great news by Anonymous Coward · · Score: 0

      Encryption makes data look unreadable to unsophisticated viewers, while remaining accessible to authorities

      Oh yeah, that IS how it was designed

    3. Re:Great news by lazarus · · Score: 2, Insightful

      They probably wouldn't be so busy if people were not so desperate. Perhaps if the US government invested in better programs there wouldn't be so much crime to deal with. I know these problems are not easy ones to solve, but we're not going to fix anything by ruthlessly hammering it with a mallet. Absolutely everything seems like the wrong approach these days.

      I'm probably just getting (really) old...

      --
      I am not interested in articles about life extension advancements.
    4. Re:Great news by powerlord · · Score: 1

      Everything goes through cycles.

      To quote Psalms: There is nothing new under the sun.
      Or To quote BSG(updated edition): All Of This Has Happened Before And Will Happen Again.

      --
      This space for rent. All reasonable inquiries will be entertained at proprietors discretion.
    5. Re:Great news by syn3rg · · Score: 2

      The thing that hath been, it is that which shall be; and that which is done is that which shall be done: and there is no new thing under the sun.
      Ecclesiastes 1:9

      --
      The contents of this message have been doubly encrypted by ROT13
    6. Re:Great news by whereiswaldo · · Score: 2

      They need to deal with it. Implementing laws and restrictions only affects law-abiding citizens.

    7. Re:Great news by Anonymous Coward · · Score: 0

      That quote, paraphrased as 'There is nothing new under the sun.' is from Ecclesiastes...

    8. Re: Great news by Cyberpunk+Reality · · Score: 4, Insightful

      Give them this and in 10 years they'll be whining about how unfair it is that they need a warrant to read your mind.

      --
      Rule 35 of the internet: "If it can be hacked, it will be". - Charles Stross
    9. Re:Great news by KlomDark · · Score: 2, Funny

      All that you touch
      And all that you see
      All that you taste
      All you feel
      And all that you love
      And all that you hate
      All you distrust
      All you save
      And all that you give
      And all that you deal
      And all that you buy
      Beg, borrow, or steal
      And all you create
      And all you destroy
      And all that you do
      And all that you say
      And all that you eat
      And everyone you meet
      And all that you slight
      And everyone you fight
      And all that is now
      And all that is gone
      And all that's to come
      And everything under the sun is in tune
      But the sun is eclipsed by the moon

      -- Pink Floyd

    10. Re:Great news by I'm+New+Around+Here · · Score: 1

      We don't care which old guy said it, they both had some wisdom.

      --
      If you think I voted for Trump because of this post, you're wrong. I voted for Dr. Jill Stein of the Green Party. Again.
    11. Re:Great news by v1 · · Score: 1

      if "inconveniencing the law" is grounds for legislative changes, clearly we need to repeal the 4th amendment. I'm sure that one's a constant thorn in their sides and has no doubt hindered countless investigations over the years. (you wouldn't mind unless you were trying to hide something, right?)

      Or I suppose they could just (re?)learn how to do their jobs without the crutch of a Free Pass around the law?

      --
      I work for the Department of Redundancy Department.
    12. Re:Great news by mSparks43 · · Score: 1

      everyone should get paid to not do things they dont want to do.

      think how great the world would be if eages worked like that generally.

      Hie incentivised everyone would be to not do the things they dont want to do.

      fix crime overnight.

    13. Re:Great news by pr0fessor · · Score: 1

      This is just some press release by upper management let's ask the law enforcement officers that had to investigate over 15 million identity thefts last year what they think. I'm sure they would have pointers on how to secure your information.

    14. Re:Great news by jwhyche · · Score: 3

      Better plan. Dump a few hundred photos from "granny on granny" into a folder called "Russian election plan." Then let the fun begin.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    15. Re:Great news by youngatheart · · Score: 1

      The government is for the people, by the people and of the people, so this must be a thing the people want. I propose we mandate that anyone selling a mobile phone in the US must have the option to toggle on an opt-in option for "make my data available to the government if they want it."

      There. Now law abiding citizens with nothing to hide and who don't care about privacy can have what they want and the rest of us can quit hearing ignorant law enforcement officials whine about it.

    16. Re:Great news by redshirt · · Score: 1

      I know. Cry me a river. amiright?

    17. Re:Great news by Scarletdown · · Score: 1

      That holds about as much wisdom as the patent clerk back in the early 20th or late 19th Century who boldly proclaimed that everything that can be invented has been invented.

      --
      This space unintentionally left blank.
    18. Re:Great news by Anonymous Coward · · Score: 0

      Exactly! A person's right to privacy is far more important than any law enforcement agency's wish/dream of being to access that person's information from their personal devices. As I have said here before, what are needed are devices that cannot be accessed/decrypted without the correct authentication, and after 5 failed tries, totally destroys all information on the device, and if someone tries to physically open the device when its locked, all information it contains is destroyed. All information on the device should also be destroyed if any type of device attempts to connect to or read data from the device if it is locked. From the NSA, CIA, FBI, right on down to local police departments should have no way to get information from a device without its owners permission, and no way or right to coerce the owner to give permission to unlock any of their devices.

    19. Re:Great news by gweihir · · Score: 1

      Indeed. States are hugely immoral and dangerous actors. What they can do must be carefully limited and controlled. People have forgotten that in the west due to an period of relative quiet and a strong external enemy. But like all power-structures and bureaucracies, states always strive to grow their influence and level of control without limit and states always primarily serve those in power, not their citizens, unless forced to. Democracy was designed to put a control on that and allow the population to implement limits. These days, states get around that by keeping large parts of the population in fear, by a huge propaganda machine and by using secret laws and secret courts outside of public review. Unfortunately, many citizens are vulnerable to this type of attack and hence the controls do not really work anymore. Unless that trend is reversed, the next fascist catastrophe is assured because states are unable to limit themselves. The voters are the most critical element in keeping them under control and relatively benign.

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

      Fortunately, this is far longer in the future, but they are hard at work to make that possible, at least in part.

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

      Why not throw the Constitution out entirely? Clearly, law enforcement only wants the best for the citizens....

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    22. Re:Great news by Anonymous Coward · · Score: 0

      They are stupid men.
      Outsource the job to competent Ukraine/Russian experts. I know they use 'apps' only and don't do board logic/chip level analysis.
      They also lie and say this MUST belong to the user. BS. In physical possession, anything can be planted.

  5. Crybabies by Anonymous Coward · · Score: 0

    FBI confirmed for whiny crybabies who want to be spoonfed everything instead of doing the jobs they were hired to do.

    Let's face the facts. There can only be two choices when it comes to encryption: Ban ALL encryption for consumer devices (which would be a gigantic leap backwards and create a massive security issue for everyone) or leave encryption alone. Compromising encryption algorithms IS A NON-STARTER.

    Of course if they banned encrytion, then of course the rich, and politicians would still manage to have it, as would EVERY SINGLE CRIMINAL AND TERRORIST with the means and wherewithal to find and use it, so banning encryption is also a NON-STARTER. The Djinn is already out of the bottle, we do not have time travel machines, you can't go back in time and prevent encryption from being invented, fucking DEAL WITH IT, LAW ENFORCEMENT!

    1. Re:Crybabies by TechyImmigrant · · Score: 4, Funny

      FBI confirmed for whiny crybabies who want to be spoonfed everything instead of doing the jobs they were hired to do.

      Let's face the facts. There can only be two choices when it comes to encryption: Ban ALL encryption for consumer devices (which would be a gigantic leap backwards and create a massive security issue for everyone) or leave encryption alone. Compromising encryption algorithms IS A NON-STARTER.

      Of course if they banned encrytion, then of course the rich, and politicians would still manage to have it, as would EVERY SINGLE CRIMINAL AND TERRORIST with the means and wherewithal to find and use it, so banning encryption is also a NON-STARTER. The Djinn is already out of the bottle, we do not have time travel machines, you can't go back in time and prevent encryption from being invented, fucking DEAL WITH IT, LAW ENFORCEMENT!

      Do you use bold and all-caps because you only want me to read those bits, or is it because you want me to read those bits more intensely than the non-bold-or-all-caps bits?

      --
      I should use this sig to advertise my book ISBN-13 : 978-1501515132.
    2. Re:Crybabies by bugs2squash · · Score: 2

      People have a right to privacy and encryption is important to allow them to retain that right. I don't agree though that any law against it would be ineffective. For a start encryption would disappear from most consumer products and the encryption that remained would eventually be easier to detect. I think that, were it outlawed, the total amount of crypto would reduce.

      Anyone caught using crypto illegally (whether is can be unencrypted or not) would stand to be be arrested and stopped from committing crime on that basis, at least it gives them one more charge to face, after all prison is prison no matter what got you there (ask Al Capone).

      The rich being above the law might be a more difficult issue, it would depend on the penalties for getting caught, 1% of net worth would be quite a sting, as would adding 50% to the jail sentence of any other crime being committed.

      So no, crypto should not be outlawed, but yes, if it were banned the ban could be effective, what's with all you people saying laws don't work ?

      --
      Nullius in verba
    3. Re:Crybabies by KlomDark · · Score: 1

      LOL, WUT?

    4. Re:Crybabies by rogoshen1 · · Score: 1

      That's the wrong attitude entirely. You're telling people with access to secret courts, gag orders, and virtually unlimited funding to 'deal with it'. They also happen to either write the laws, or have untoward influence over those who do.

      They'll deal with it, but I don't think you'll like the eventual outcome.

      Posting angry sounding rubbish on Slashdot doesn't change the fact that in the end, it's not a fight consumers can win. It's a lot like the gun control debate -- the exact same rationale gets trotted out:
      "yes, most people can responsibly own guns, but we need a way to protect innocents from those who can't" (if i were a betting man, i'd wager this will be used to push self driving cars in the very near future)

      Eventually the side pushing for a decrease in personal responsibility will win. It's a long slow decline in freedom and autonomy, based upon an appeal for 'safety'.

    5. Re:Crybabies by cfalcon · · Score: 2

      > Let's face the facts. There can only be two choices when it comes to encryption: Ban ALL encryption for consumer devices ... or leave encryption alone. Compromising encryption algorithms IS A NON-STARTER.

      Non techies don't think this way though. They are forever convinced that they can do this, or that they can claim they aren't doing this while actually doing this. The belief in backdoored encryption seems pervasive, because we have people clamoring for it constantly.

    6. Re:Crybabies by Anonymous Coward · · Score: 0

      The 'secret courts, gag orders, and virtually unlimited funding' need to go away and not be involved in this. If the CITIZENS of this country can't be bothered to put aside whatever other differences they have and say "NO!" to the government compromising ALL OF US, then we're all fucked, plain and simple. You think Russia interfering in thngs is bad now? You think the data breaches of everyones bank accounts and identity information is bad now? Just wait until NO encryption will stop them, because they cracked the 'backdoor' in a week OR LESS.

    7. Re:Crybabies by nospam007 · · Score: 1

      "Do you use bold and all-caps because you only want me to read those bits, or is it because you want me to read those bits more intensely than the non-bold-or-all-caps bits?"

      Don't be so harsh. The kid went to a HTML-course yesterday.

    8. Re:Crybabies by Anonymous Coward · · Score: 0

      the encryption that remained would eventually be easier to detect [...] if it were banned the ban could be effective

      Proper encryption is indistinguishable from random noise. You are basically arguing in favor of "guilty until proven innocent", or rather you are arguing for "guilty period" because it would be impossible for me to prove that "jklhdsnvgndsrihgvsnsiertysirhdntsrdihgrdhig" is just a random string and is not some super secret encrypted message.

    9. Re:Crybabies by youngatheart · · Score: 2

      Okay, this is an argument I haven't considered. I think what most people mean by "won't work" is that with the existing tools and suggested methods, there would be nothing stopping someone who wished to use cryptographically secure tools on top of, or beyond the consumer level system. (See http://www.phantomcode.com/com...)

      What you suggest is that we would mandate all encryption without government access illegal. Banks and large corporations would get a registration for their crypto/certificates and then just add software to their servers to log/transmit the unencrypted data at government requirement. Other encryption, like iPhone system level encryption, could still be legal (see http://www.phantomcode.com/com...) with access available to government requirement and, otherwise, with no discernible change to the security to the average voter.

      Then the government could snoop on streams of data and servers and have just cause to arrest anyone using encryption that isn't authorized and accessible. The result would be that most data streams would be monitored by programs essentially looking for data streams that aren't authorized. It'd be tricky to kill off all the non-US certificates, but a MITM with certs issued by someone like Symantec or Google could do effectively the same thing.

      I think this is the ultimate goal of the great firewall of China. They haven't been successful. Yet. I'm not confident they won't be mostly successful in the long run though. I'm not confident the US won't get to the same place eventually.

    10. Re: Crybabies by Anonymous Coward · · Score: 0

      If everyone knew everything they did online was 100 percent available to police and identity thiefs then they'd stop doing so much stupid shit online.

    11. Re:Crybabies by currently_awake · · Score: 2

      If the CIA can't keep their secrets (think Edward Snowden) then why should we trust them with ours? The more people who have access to a secret, the more likely it will leak.

    12. Re:Crybabies by blindseer · · Score: 1

      Proper encryption is indistinguishable from random noise. You are basically arguing in favor of "guilty until proven innocent", or rather you are arguing for "guilty period" because it would be impossible for me to prove that "jklhdsnvgndsrihgvsnsiertysirhdntsrdihgrdhig" is just a random string and is not some super secret encrypted message.

      That's right. If I take random noise, perhaps point an antenna at the sun and record the RF from it, then send a copy of it to the people I need to communicate with, then we can use this noise as a one-time-pad for any communications between us. The means to use this one time pad doesn't need to be a digital file either. I can use that noise and overlay it on my voice and then play the audio on a radio transmission on a loop. The powers that be might get wise on me transmitting a code but it'd be hard to prove it wasn't just me putting in an erased tape into a player on accident or something equally innocent. I might get a reprimand, perhaps even punished severely, but the message will remain secure if the original pad recording was destroyed.

      The English language is flexible enough that people speak in a kind of code all the time. This is a common trope in storytelling. Someone might be known to say something is "just peachy" when things are going bad. This person gets in trouble with the big bad in the story and will have to play like everything is all right if a familiar person comes to the door, calls on the phone, or whatever. The person under threat says everything is "just peachy" and the other person knows something is up, plays along, goes away, and comes back later with reinforcements. That's the simplest of codes, more complex ones can be used to give more detail.

      There's real life examples of this with things like people blinking out Morse code, using subtle hand gestures, as well as creative usage of the English language. I took some courses on computer security and encryption and there are many ways to hide, obfuscate, and otherwise transmit data in a way that is impossible to distinguish from noise.

      --
      I am armed because I am free. I am free because I am armed.
    13. Re:Crybabies by JasterBobaMereel · · Score: 1

      ...and watch all large US businesses register offshore/abroad so they can continue doing business

      this is an exercise in how to tank your economy

      --
      Puteulanus fenestra mortis
    14. Re:Crybabies by Agripa · · Score: 1

      So no, crypto should not be outlawed, but yes, if it were banned the ban could be effective, what's with all you people saying laws don't work ?

      When this subject originally came up at about the time Clipper was being considered, it was pointed out that banning encryption means also banning secure authentication because secure authentication can be used to make encryption. That means the government would be able to forge false authentication; digital signatures would be useless. It would also be impossible to secure a digital chain of evidence.

    15. Re:Crybabies by youngatheart · · Score: 1

      How does that work exactly? Which business would halt all activities in the US rather than submit to the hypothetical law? And don't kid yourself that it'd move their taxes out of reach either, because with that kind of political atmosphere, seizing local assets is a no brainer. Look at what the EU is doing with Ireland right now and you can assume based on our recent history that the US will be even more aggressive.

      I'm giving you the benefit of a doubt; assuming you're considering the hypothetical argument, rather than being stupid enough to think you're arguing against someone desirous of the situation I described. Your response could have made that clearer.

    16. Re:Crybabies by youngatheart · · Score: 1

      Maybe your brain was clouded by alcohol or THC or whatever and this reply finds you a little more sober. If so, please put a post-it note on your computer that you must never, ever, support the fourth amendment online unless sober. If you weren't intoxicated, then you should go back and read the links I provided in the first post. You obviously missed the point of my comments. You're arguing on the same side I am, but doing it so badly that you're hurting our cause.

      Seriously, it's like every time I try to work on the arguments to protect the fourth amendment's purpose; the idiots unite to make it look bad. Practically every reply is a comment supposedly in favor of protecting strong cryptography, but actually helping the case of people who want to break it or outlaw it. I can't help but wonder if all the idiots with stupid arguments are actually secretly fighting to weaken encryption.

      It's like being an advocate of first amendment lately. It's hard to get anyone to care about protecting freedom because all the Nazis are screaming that they're on our side.

    17. Re:Crybabies by Anonymous Coward · · Score: 0

      So no, crypto should not be outlawed, but yes, if it were banned the ban could be effective, what's with all you people saying laws don't work ?

      You've defeated your own argument. The Bill of Rights is a law - the highest law in the land, superseding all others (including the pre-Bill of Rights portions of the Constitution). The right to privacy is protected under the 9th and 10th Amendments. If government can pass a law outlawing encryption, then government is violating the law. Hence laws don't work - if laws did work, then government wouldn't be able to violate them by passing illegal laws.

      Then there's the issue that a ban on crytpo is essentially a ban on math - and that's a violation of fundamental rights in itself, and certainly not within the legitimate authority of government.

      if it were banned the ban could be effective

      A ban on crypto would not be effective, any more than the ban on drugs has been effective. You can not prevent people from doing math, any more than you can prevent people from growing weeds. Like the War on Drugs, the War on Crypto would simply demonstrate our inability to learn from the mistakes of the past, and would do far more harm than good to society.

      You might want to think about the lesson of the Soviet Union: the biggest surveillance state in history - and one in which black market activities were outlawed - and yet people found ways around the government. They had the highest black market participation rates in history. You simply can not get around human ingenuity.

      Learn to think about how abstract ideas will play out in the real world, or you will keep making bad mistakes in your reasoning - just like the idiots running the FBI.

    18. Re:Crybabies by Anonymous Coward · · Score: 0

      Criminals break the law. A drug cartel, human trafficking ring or other criminal enterprise, if they feel they need encryption will use it. They're criminals. They break the law.
      A ban would be effective in preventing non-criminals from using encryption. Criminals would continue to use it.
      If the goal is to prevent criminals from being able to use encryption then no a law against encryption would not work.
      If the goal is to prevent law abiding citizens form using encryption so they can be spied upon for inclinations against government overreach, then yes I guess a law would work.

  6. Did they have a warrant? by HiThere · · Score: 4, Interesting

    On how many of those devices did they have a warrant to even try to access them?

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
    1. Re:Did they have a warrant? by Anonymous Coward · · Score: 1

      That's not important. What's important is "Why won't somebody think of the encrypted children"???????

    2. Re:Did they have a warrant? by Koby77 · · Score: 4, Insightful

      Along similar lines, I wonder how many of those devices will have any actual evidence of wrongdoing? If we recall, the FBI desperately wanted to backdoor the cell phone of the San Bernadino terrorists, which they eventually did, but found no information of value. Just because the FBI says "6900 devices" doesn't really mean anything to me. Peoples' privacy deserves protection more than the FBI needs to backdoor everyone's cell phone just so that they can score the occasional long-shot conviction.

    3. Re:Did they have a warrant? by nospam007 · · Score: 1

      "Along similar lines, I wonder how many of those devices will have any actual evidence of wrongdoing?"

      Exactly. In my local newspaper, they often post articles of a caught 'drug-dealer' with photos of 25 grams of MJ, 60 bucks in singles (the bastard) and an assortment of old phones they found in a drawer, they obviously were all the phones the guy ever owned, 5 or 6 generations of phones from the last 10 years or so.
      I guess the cops think he's Stringer Bell.

    4. Re:Did they have a warrant? by UnknowingFool · · Score: 1

      In the case of the San Bernandino shooter, they were trying to access the cell phone issued to Syed Rizwan Farook by his employer, San Bernandino County. Noting that the Farook and his wife had deliberately destroyed their personal phones but left this phone untouched, many speculated it would have little evidence as it meant that Farook would have carelessly used a government issued phone to plan the attack. Adding to this, the FBI lost the ability to recover the data on the phone when they went against the advice of Apple and told San Bernandino to manually reset the iCloud password before syncing the phone.

      --
      Well, there's spam egg sausage and spam, that's not got much spam in it.
    5. Re:Did they have a warrant? by HiThere · · Score: 2

      Additionally, what there were demanding is that Apple create a way of bypassing their security. Not that they use a tool already in existence to bypass the security.

      That was a clear example of government overreach.

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    6. Re:Did they have a warrant? by gweihir · · Score: 1

      I am pretty sure they wanted the way into that phone to create precedent and propaganda. They must have known how unlikely it was that there was anything useful on that phone...

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    7. Re:Did they have a warrant? by Anonymous Coward · · Score: 0

      Along similar lines, I wonder how many of those devices will have any actual evidence of wrongdoing? If we recall, the FBI desperately wanted to backdoor the cell phone of the San Bernadino terrorists, which they eventually did, but found no information of value. Just because the FBI says "6900 devices" doesn't really mean anything to me. Peoples' privacy deserves protection more than the FBI needs to backdoor everyone's cell phone just so that they can score the occasional long-shot conviction.

      It is not easy, but the benefits of outlawing meaningful encryption can be compared to the negatives. A report can be made and the summary can be presented for a vote. Basically are you willing to give up any privacy on your personally owned data devices in the small chance it will help catch a bad guy? I'm pretty sure the answer is no.

      Similarly you could give our representatives each the job of choosing a budget for the government, with the final budget simply the average of the individual budgets. People would then vote to accept it, or iterate again. Once accepted the Senate would have to take their turn, sending it back to the house if need be. Everything would of course be a public record. Of course money spent in a state should, over time, reflect money collected from a state...

    8. Re:Did they have a warrant? by Anonymous Coward · · Score: 0

      That's not to say that Apple DON'T already have tools to crack their phones, only that they refuse to publicly ADMIT that they already have those tools.
      With a large volume of sales BASED on their supposedly "safe" encryption, Apple were definitely not going to expose themselves that publicly.

    9. Re:Did they have a warrant? by Altrag · · Score: 1

      I'm pretty sure the FBI is wondering that too. That's kind of their entire point.

      The question isn't whether they should get the data. The question isn't even whether they should have the right to get the data. The question is whether the FBI being able to get the data is worth essentially making all phone encryption worthless, as any intentional backdoor would likely be discovered and released by hackers within weeks if not days of someone finding out that its there (and that in itself would follow, at the very latest, not long after the first time its used to obtain evidence for a case.)

  7. As it should be by Anonymous Coward · · Score: 0

    Have they become too lazy to do investigations by tried and true (Columbo, Kojac) methods? I guess they can't afford cable TV.

    1. Re:As it should be by Koby77 · · Score: 4, Insightful

      If I were the FBI, I'd keep the actual cell phone of a suspect, but give them back an identical looking cell phone. It wouldn't have their original data on it, but instead a key logger, which would keylog the password once the phone is booted up and then send it on to FBI HQ.

    2. Re:As it should be by Anonymous Coward · · Score: 0

      Probably the biggest problem with this idea is that most people won't have anything to hide and the FBI would find nothing of value for that effort, and those who were even slightly serious about hiding stuff would immediately toss the device that had been out of their control in the trash, and the FBI would again get nothing and would lose a device.

    3. Re:As it should be by myowntrueself · · Score: 2

      Probably the biggest problem with this idea is that most people won't have anything to hide and the FBI would find nothing of value for that effort, and those who were even slightly serious about hiding stuff would immediately toss the device that had been out of their control in the trash, and the FBI would again get nothing and would lose a device.

      I think dumpster diving is part of their job description.

      --
      In the free world the media isn't government run; the government is media run.
    4. Re: As it should be by Anonymous Coward · · Score: 0

      Whoosh?

    5. Re:As it should be by blindseer · · Score: 1

      If I were the FBI, I'd keep the actual cell phone of a suspect, but give them back an identical looking cell phone. ...

      Sounds like a good reason to keep my iPod with it's distinctive cracks on the screen and dent in the back. Good luck trying to pass off a different device as mine, or recreating the crack pattern close enough that I wouldn't notice the difference. This makes me wonder if there isn't a way to mark a device in a way that makes it easy to tell it's yours and yet difficult to replicate. I mean other than cracking the screen. Could someone pull the screen from my iPod, place it on another, and give me that to me and log the inputs to catch my passcode? I doubt it.

      What of multiple passcodes? One code unlocks the phone as usual. Another displays an image that the owner picked out, so that one could punch in that code and not unlock it but would verify it's the same phone. A third one that erases the phone. Is there a something else someone might want?

      If the owner of the phone plays like nothing is wrong on unlocking it with a kill code then the FBI may be destroying evidence, not the owner, by entering it on the original device. Certainly the FBI won't fall for that? If they do then they might just destroy the evidence that they were looking for. Create a back up of the device first? Sure, but now the person is wise that someone tried switching devices and will never enter the right code on anything.

      If the FBI can impose a requirement that every phone maker must use an encryption they they have keys for then people can just install an app that uses it's own encryption. If there is a mandate that such encryption not be published on walled garden software sites like the Apple and Google stores then people will jail break their phones to install what they want. Maybe the FBI then mandates that the phones not be capable of being jail broken. Well, Apple and the cell phone service providers have been trying that for a long time, good luck with that. Assuming they are successful then people will buy secure phones on a black market, or develop non-phone devices for their secure data. Whatever law the FBI will want passed to allow themselves to access private data on electronic devices there will be some other technique to get around it. It doesn't even take electronics to create an encrypted document. People have been doing ciphers with pen and paper for a long time.

      This is simply not a war that the FBI can win.

      --
      I am armed because I am free. I am free because I am armed.
  8. on a separate note by ad454 · · Score: 5, Insightful

    The FBI can't beat confessions out of thousands and thousands of suspects, making it harder to get convictions from criminals hiding critical evidence in their encrypted (non-cleartext) brains.

    Sorry, but some sacrifices are needed to keep democracies from becoming police states. Especially when it is always the police asking for more an more power over citizens they are supposed to protect.

    1. Re:on a separate note by Anonymous Coward · · Score: 0

      +1 if I had 'em. The FBI needs to keep better stats on how many windows they were unable to spy through because someone had closed the blinds.

    2. Re:on a separate note by Anonymous Coward · · Score: 0

      Yup, I'd give this a +10 but I'm just an AC like you. The cops dress like they're military, they use military weapons, it looks more like a police state than a police force. It's a shame they don't spend more time and money on real police work instead of shooting innocent folks in the back when they run away in fear. Just think how much crime could be reduced if they just PROVED GUILT BEFORE pulling the trigger. But that would take the time and effort they spend trying to cover up their crimes and they are much too busy with that to actually do real police work.

    3. Re:on a separate note by Anonymous Coward · · Score: 0

      As a law-abiding person, I agree. There's a fine balance. Our phones are our life and shouldn't be subject to access. Police could convict people before mobile phones, and they'll be able to without phone evidence.

    4. Re: on a separate note by Anonymous Coward · · Score: 0

      When did municipal police, you know, the ones doing most of the killing, rename themselves FBI?

    5. Re: on a separate note by Anonymous Coward · · Score: 0

      The police could do you a big favor by confiscating your phone immediately, if you actually think your phone is your life. Anything that could shake that notion would give you back your life.

    6. Re:on a separate note by gweihir · · Score: 1

      Indeed. A police solving all crimes is hugely undesirable and massively dangerous, because it leads to them having far too much power. This basically assures a police-state were everybody is _less_ safe as the police in police-states turn more or less openly into criminal gangs that are exempt form the law. Part of that is already happening in the US, just look at civil forfeiture or the extremely lenient punishment a rapist cop can expect.

      Solving of crimes needs to fulfill one thing: Society must be kept reasonably functional. Anything above that is a problem. The police must be carefully monitored and carefully limited in what they can do by the population.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    7. Re:on a separate note by myowntrueself · · Score: 1

      The FBI can't beat confessions out of thousands and thousands of suspects, making it harder to get convictions from criminals hiding critical evidence in their encrypted (non-cleartext) brains.

      But it can't leave a mark or its not 'due process'.

      --
      In the free world the media isn't government run; the government is media run.
    8. Re:on a separate note by currently_awake · · Score: 1

      Countries with very high criminal conviction rates tend to use the following: Torture, threats of ridiculously long jail times if you don't confess, and hiding evidence that proves the accused innocent.

    9. Re:on a separate note by Altrag · · Score: 1

      I'm not sure that's true. The US has a huge criminal conviction rate without doing any of those things.

      The trick is to criminalize pretty much everything so that there's always an excuse to fill the beds when a jail's operator needs a bit of a cash infusion.

    10. Re:on a separate note by david_thornley · · Score: 1

      If what you want is a very high criminal conviction rate compared to crimes committed, it isn't necessary to convict the right person. Get someone plausible who can't spend much on a lawyer, and threaten them with long prison sentences until they agree to a plea bargain. Then you close the case and mark it solved. That eliminates all that pesky investigative work to find out who actually did it.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  9. Good ol' Ben by Anonymous Coward · · Score: 0

    Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.

  10. Does anyone have a list of devices? by Distan · · Score: 4, Interesting

    Does anyone have a list of devices the FBI can't decrypt? I'd like to make sure my next phone is one on the list, but I'm not sure which Android devices pass that test.

    1. Re:Does anyone have a list of devices? by Anonymous Coward · · Score: 0

      iPhone for one. Stay far away from Blackberry. Lineage OS phones should be okay, on a Leeco or something non-mainstream.

    2. Re:Does anyone have a list of devices? by chispito · · Score: 1, Interesting

      iPhones. If you look at the market for vulnerabilities, iOS vulnerabilities command extremely high prices.

      I don't particularly care for Apple products, but if security were my main criterion for a new devices, that's what I'd get.

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    3. Re:Does anyone have a list of devices? by Anonymous Coward · · Score: 0

      1) Etch-a-Sketch

    4. Re:Does anyone have a list of devices? by Anonymous Coward · · Score: 0

      1) ????

      Hmmm. I doubt there are any as long as you're only qualifying it with "can't". As shown with the iPhone, this is about cost of decryption, not ability.

      If they choose to pay enough, even the human brain is within reach for simpler problems. I bet you could dig someone's password out just by showing them a letter at a time while they are in an fMRI. It might take a while and multiple sessions, but it could probably be done.

    5. Re:Does anyone have a list of devices? by currently_awake · · Score: 1

      Your phone would also need to be entirely open hardware, including the baseband system. Secret hardware is probably backdoored. You also need to disable remote software updates, as that is a likely route for government meddling.

    6. Re:Does anyone have a list of devices? by david_thornley · · Score: 1

      The phone has to be secure from hardware and software attack. I think Apple has more to lose than it has to gain by promising security and being proven liars about it, so I think they're probably as secure as they claim. Software updates won't unlock an iPhone 5S or later, since the AES-256 key is in a special silicon area that manages itself. There's likely a way to break in, but all the obvious ways are covered.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  11. Re:TINY TRUST PROBLEM by Anonymous Coward · · Score: 0

    We have a president

    Cry somewhere else, TFA is about the FBI.

  12. Well, you got greedy by cerberusss · · Score: 5, Insightful

    Basically they got greedy. They wanted dragnet-like capabilities, and they were like "well fuck these civilians". They went too far, and now found out about that Dutch saying that says: "trust arrives walking, and departs on horseback".

    And now nobody trusts these three letter agencies anymore. And now they're whining like toddlers, saying "this is a huge, huge problem" when in fact they created the problem themselves.

    --
    8 of 13 people found this answer helpful. Did you?
    1. Re:Well, you got greedy by DNS-and-BIND · · Score: 3, Interesting

      My favorite was when they shouted "You can't trust Kapersky! Dirty foreigners!" Yeah, more like they have the US antivirus makers in their pocket and Kapersky isn't under their control. Honestly the three letter agencies are more of a threat to me as a US citizen than any foreign intelligence.

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
    2. Re:Well, you got greedy by Anonymous Coward · · Score: 0

      Guess I don't have to post something like this now. The govt brought this on themselves by invading people's privacy on the flimsiest of pretenses, or plenty of times, there wasn't even a flimsy pretense. It's taken a while, but people are starting to wear thin on the "But, but... Terrorists!" excuse they keep trotting out. Let them establish probable cause first, then get a warrant, only THEN do they get to start trying to decrypt the device.

      Honestly, if their case against a narco trafficker or human smuggler is so thin that they need to go on a fishing expedition in the hopes that they might find something incriminating on the person's phone, it doesn't speak well of the investigators. If they tried prosecuting someone where their entire case was built around some evidence they found on a person's phone, where they didn't really have probable cause, let alone a warrant, to search the phone, the ne'er do well is likely going to beat the rap and then is protected by double jeopardy. The evidence on the phone should be the icing on the cake for the prosecutor's case, not the cake itself.

    3. Re: Well, you got greedy by Anonymous Coward · · Score: 0

      If they can break into a phone, what says they didnt plant evidence too?

    4. Re:Well, you got greedy by Agent0013 · · Score: 2

      Oh, they got plenty of evidence. The problem is that the evidence was obtained illegally, or they don't (can't) admit how they got the evidence. The official term is "Parallel Construction". This is where they make up a new set of facts about how evidence was obtained so they can keep the secret method a secret. So it isn't always that they don't have the evidence, it is that they are breaking the law already and want to do more of it to keep the first part a secret. Yeah, I totally trust the law-breaking TLA's don't you?!

      --

      -- ssoorrrryy,, dduupplleexx sswwiittcchh oonn.. -Quote found on actual fortune cookie.
    5. Re:Well, you got greedy by AHuxley · · Score: 3, Informative

      The problem was different thinking between the USA and UK.
      The UK was able to keep a secret and got all Irish communications. Only a few in the UK mil, GCHQ and Royal Ulster Constabulary Special Branch had any idea about the "collect it all" networks, results that covered all communications in, into and out of Ireland. Voice prints found one or both sides of all new, interesting conversations.
      "How Britain eavesdropped on Dublin" (15 July 1999) http://www.independent.co.uk/n...
      No lawyers, no human rights lawyers, court workers, telco workers, police, journalists had the information to understand national and international collection in/in and out of Ireland.
      Irish funding, direct support from the USA was discovered and tracked back to its origins in the USA by the UK mil thanks to the use of phone networks.
      The funding and flow of material into Ireland from the USA was then stopped.
      If interesting people did not understand how total network collection worked globally they just kept on talking.

      The results allowed the UK mil and Special Branch to focus in on small groups, offering each interesting person a deal to turn informant or consider other methods.

      The USA is now different. The gov needs publicity, budget growth for contractors, good cyber police news stories for the news cycle.
      US human rights lawyers, court workers, telco workers, contractors, ex and former police, journalists, cult members, faith groups, criminals now understand the inner workings of police network collection and what a phone will not keep secure.
      The USA told the world decades of the UK's best kept "collect it all" secrets so US police could get into phone crypto for open courts.
      The UK had the better idea and kept methods secure, the USA will see easy collect it on consumer grade phones go dark due to methods been discovered in the courts.
      WARRIOR PRIDE https://en.wikipedia.org/wiki/...
      Interesting people who would have once kept on talking, inviting new people to talk (voice print of the new person) will just move to more traditional methods of communications. Well way from junk consumer devices and brands with open mics.
      What could have been decades of total network collection was lost to needing good news about a few US court cases.

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re:Well, you got greedy by jwhyche · · Score: 2

      Basically they got greedy

      And lazy. I used to work for a mobile phone provider in the technical department. There is nothing they need off your phone to send your ass to jail that they can't get from the provider. Every sms/mms, contact, and every place you have been they can get from the provider. An if the provider tills you they can't, they are lying because I have done it.

      The reason they want this power is because, unlike us, the providers have very deep pockets and lots of lawyers. They can tell the government to go to hell, where "we" can't. We don't have the money to fight the government.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    7. Re:Well, you got greedy by gweihir · · Score: 1

      Makes a lot of sense to me.

      --
      Most ACs are not even worth the keystrokes to insult them. Be generically insulted by this and ignored otherwise.
    8. Re:Well, you got greedy by Anonymous Coward · · Score: 0

      "well fuck these civilians"

      They are civilians too.... since they're not in the military (subject to a different system of law, the UCMJ), they are civilians. It's a common misconception that federal public servants and other public servants like police are anything other than, but they are all civilians. It's about the system of law.

    9. Re:Well, you got greedy by Anonymous Coward · · Score: 0

      >And now nobody trusts these three letter agencies anymore. And now they're whining like toddlers, saying "this is a huge, huge problem" when in fact they created the problem themselves.

      The "problem" of encryption and crime exists regardless of three-letter agencies; it would exist with or without them. Most importantly for legitimate online commerce, customer privacy, and business data transfer.
      The feds could be the most honest, transparent group of angels on the planet and they would still need to deal with criminals encrypting their communications.

    10. Re:Well, you got greedy by Anonymous Coward · · Score: 0

      The REAL irony of the Kaspersky ban was that it was Israeli "intelligence" that "confided" to US agencies that they "believe" that they found links to Russian intelligence while they were "HACKING" Kaspersky's servers !
      Mossad probably don't NEED to "hack" US intelligence agency servers, as they own and RUN most of them already !

    11. Re:Well, you got greedy by Agripa · · Score: 1

      The reason they want this power is because, unlike us, the providers have very deep pockets and lots of lawyers. They can tell the government to go to hell, where "we" can't. We don't have the money to fight the government.

      The CEOs sure cannot. If the FBI is having a problem getting the telecommunication companies to cooperate, then they are not trying hard enough.

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

    12. Re:Well, you got greedy by jwhyche · · Score: 2

      The CEO in that example went to prison for insider trading. That has absolutely nothing to do with the current discussion. The rest of that example has to do with broad spying by the NSA, not the FBI. Again that has nothing to do with the current discussion. The current discussion is the police forcing you to hand over the pass key to your phone. Not the NSA trolling everyone.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
  13. child exploitation by Anonymous Coward · · Score: 1

    Think of the children!
    Meanwhile Jeff Epstein's island continues to operate.
    The FBI has lost all credibility.

  14. No convictions prior to 2006 by Koby77 · · Score: 4, Insightful

    I wonder how the FBI scored prosecutions before mobile devices were invented? I guess they must not have solved any crimes at all?

    1. Re:No convictions prior to 2006 by SlaveToTheGrind · · Score: 1

      I wonder how the FBI scored prosecutions before mobile devices were invented? I guess they must not have solved any crimes at all?

      More things were written down on paper or communicated over the phone, for starters. Now it's both easy and practical to have a system where any potentially incriminating information can be entered directly into an encrypted ecosystem wherever you happen to be.

    2. Re:No convictions prior to 2006 by Anonymous Coward · · Score: 0

      Ah, asking for a strawman? Here you go!

      Fifty years ago, if you wanted to do something dark and nasty that an upstanding member of the community wouldn't be caught dead even thinking about would have to go out and talk to other people to get the information on how to do stuff, or to coordinate with others. Now if you have encryption, you can learn whatever you want in the privacy of your own home, anonymously find people who have similar desires, and make plans.

      Not saying that it's the best argument, but pretending that there isn't an argument against your point of view is a bit naive.

    3. Re:No convictions prior to 2006 by Ungrounded+Lightning · · Score: 2

      I wonder how the FBI scored prosecutions before mobile devices were invented?

      Wiretaps, pen registers, trap-and-trace.
      Room bugs, directional microphones.
      Seizure of paper records. (Encryption is an issue there, too.)
      Informants, tips, infiltrators.
      Interrogation.
      Fingerprints and other physical evidence.
      VERY good P.R.

      Of course there were also: mail intercepts, agents provacteur, entrapment, honey-traps, planted evidence, blackmail, "sink tests", bogus tests (e.g. bullet isotope analysis), torture, lying to suspects, perjury, false press releases, misuse of RICO, ...

      And the media - with both news and crime dramas which constantly misstated the rights of the accused - was a big help.

      --
      Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
    4. Re:No convictions prior to 2006 by SuricouRaven · · Score: 2

      I've found a trick on those crime dramas for identifying the red herrings: If the main characters refrain from brutalising, threatening or intimidating the suspect, that means they are likely going to be found to be innocent later.

    5. Re:No convictions prior to 2006 by Anonymous Coward · · Score: 0

      The major counterpoint here is that the vast majority of what people put in their phones nowadays simply didn't get recorded at all before we had cell phones. Crimes still were prosecuted. The problem here is that law enforcement has become overly-reliant on gaining access to these devices that are basically intimate personal diaries, and forgotten how to do their jobs when they can't.

      Longer form rant here: https://sporadicdispatches.blogspot.com/2016/02/laziness-in-digital-age-law-enforcement.html

    6. Re:No convictions prior to 2006 by Agripa · · Score: 1

      I wonder how the FBI scored prosecutions before mobile devices were invented? I guess they must not have solved any crimes at all?

      They did not have the option of dragnet surveillance before. Now that it is possible, they want it and that means compromising encryption.

    7. Re:No convictions prior to 2006 by Anonymous Coward · · Score: 0

      J Edgar just brought out the hoses and heat lamps. Sweating suspects in back rooms while not telling them they had rights to an attorney or worrying about little things like search warrants or civil rights were all pretty successful for the FBI. Heavily threatening your friends and threatening to out them were also useful.

  15. The problem by redmasq · · Score: 1

    The problem is that there is not a way that would allow for the encryption to actually protect the user's data at the same time as give law enforcement access. Take, for example, the physical master key. A landlord might have a single key that opens every lock for the complex in which he or she administers. The individuals living may feel protected since their keys only open each of their doors. A thief would only need wait until the land lord was complacent to steal the master key and then have access to entire complex. The same problem works in the virtual world with encryption. Even if there is not a malicious 3rd party involved, who watches the watchers? Let us say, in a near perfect world, that 99% of law enforcement is honest, there would still be that 1% that is dishonest. Even in the case of 100% being honest, many can name to where the road of good intentions will lead us; good actors having limited scope do no necessarily have good results.

    1. Re:The problem by Anonymous Coward · · Score: 0

      Even if there is not a malicious 3rd party involved, ...

      Given the Snowden revelations, it's safe to assume that the three-letter agencies are malicious 1st parties. No assumptions regarding third parties are necessary.

    2. Re:The problem by Rick+Schumann · · Score: 4, Insightful

      You're preaching to the choir, and our so-called 'law enforcement' doesn't care about little trifles like facts and logic and reason, they just want total and complete control over every citizen at all times, and FUCK THE CONSTITUTION. Also it's not like this hasn't been the problem with any law enforcement since such a thing was ever invented, law enforcement attracts a certain mindset that wants power over people, and the ability to bully them into doing whatever they're told, right or wrong, good or bad, fair or not, with utter impunity. There are some police who are fair and reasonable but they're few and far between, and once the more typical types rise to power within their respective organizations, the ones who are most like them feel free to stop hiding who they really are. Also doesn't help that the law enforcement lifestyle attracts extremists like white supremacists and neo-nazis/neo-nazi sympathizers and other types of racists and bigots. That's why we have checks and balances built into law enforcement, to keep them from running rampant. Lately they're being encouraged from various quarters to feel free to do as they please, therefore we see the problems we're having today. As usual we need to institute reforms (again) and weed out the worst of them (again) to show that The People are what count here and who (should) have the real power in this country, not jackbooted thugs with guns and badges.

    3. Re:The problem by grumpy_old_grandpa · · Score: 1

      > That's why we have checks and balances built into law enforcement, to keep them from running rampant.

      I agree with most of what you're saying, but fail to see where the checks and balances are for "law enforcement". Not from the executive branch, which has been "tough on crime" since Nixon in the 60s. The militarization of the police has gone completely out of control since 2001. (See "Do Not Resist (2016)" or "Rise of the Warrior Cop" 2014 by Radley Balko for some examples). And not from the judicial branch, which usually cheers on the police and fails to hold even the most rampant police brutality accountable.

      I cannot elect my local police chief, nor hold him or his staff accountable for their crimes. Around 1100 people die at the hands of US police every single year. Police and other agencies steal billions of USD every year through civil asset forfeitures (see the Washington Post article series from 2014). The whole police and "law enforcement" as an institution, at every level, from local to federal, is now so corrupt and rotten through and through that there seems little hope in reforms, short of a complete purge and very radical new implementation. It is of course never going to happen.

      The US police state is here to stay, and with technology, government and "law" on their side, it will only get a whole lot worse. I fail to see how it can get better.

      http://www.imdb.com/title/tt55...
      https://www.amazon.com/Rise-Wa...
      http://www.washingtonpost.com/...

    4. Re:The problem by omfglearntoplay · · Score: 1

      Are you quite sure that the media just doesn't cover the bad minority of law enforcement and it is appearing to be much more prevalent than it really is? Out of all the cops I've dealt with in my life,... a dozen or so... most of them were very decent people. One had an anger problem, but by and large they were looking out for the public.

      On topic, the FBI are not your typical cops. I think they should concentrate on getting the bad guys without having access to everybody's personal info.

    5. Re:The problem by Rick+Schumann · · Score: 1

      So far as I know there is civilian oversight of law enforcement, they're not autonomous or all-powerful. Also I'll assume from your username that you're legitimately an older person and as such I am even more offended and outraged by your cowardice in the face of adversity and injustice; this is OUR COUNTRY. Law enforcement is supposed to serve US, not the other way around, and we have a RIGHT to demand they be held accountable for their actions. "All that is necessary for evil to triumph is for good men to do nothing", or have you forgotten that? It all starts HERE, in places like this, discussing it. Those who should be protecting us instead of violating our rights would have us be silent and 'do as we are told'. We should do NEITHER, and I think you know that. Don't forget it.

    6. Re:The problem by Anonymous Coward · · Score: 0

      they just want total and complete control over every citizen at all times, and FUCK THE CONSTITUTION.

      Yeah, and the people in Hell want a glass of ice water but that doesn't mean they're going to get it.

    7. Re:The problem by Anonymous Coward · · Score: 0

      Those damn "white supremacists". Do you mean "white people who want to live around only their own race and have NOTHING to do with other races whatsoever, and therefore be unable to arrest or hassle anybody of another race?" Because that's what MOST white people want - to live around our own kind. What a pity all the other races on the planet are the real 'white supremacists' since they obviously regard white people as 'superior' and will do anything to live around us...

  16. SUX To BE The FBI In This Case by Anonymous Coward · · Score: 2, Interesting

    I understand the need for law enforcement, but I also understand the need for personal privacy and sanctity of one's personal property (home, things, so on).

    I understand if I drop a cigarette or cigar butt or even a soda cap that it might have my DNA or fingerprints on it. I know that my cell phone might radiate identifying information about me.

    My point is this:

    The line between what the government can legally pry into and what requires a search warrant has always been and will forever be "blurry" in the USA.

    I would rather the laws err on being more cautious and protective of people's rights rather than making everyone's life an open book for law enforcement.

    Ok. Some /. snark is going to come along and say, "Think about the children?" or the "Think about those slave of human-trafficing".

    Yeah, I get that and all, but would you rather be considered "guilty before being proven innocent"? Seriously think about that. Thrown into jail without a phone call or chance to contact anyone outside to fight on your behalf. In some countries that is called "disappearing people" and those people are never seen or heard from again. Do you really want that fate hanging over your head for the slightest infraction? It can't get that serious you say? Think again, history has proven to all of us that human beings can be exceptionally cruel and uncaring towards other human beings.

    So you snark and say on /. "Well I am not a human being." Ok. In that case you would not mind if someone squeezed off a few clips at you and killed you? It would probably be legal to do so if you can claim and prove you are not a human being.

    All I want anyone in the USA to really really carefully consider is this:

    Be very very careful of the rights that you give up to your government because you might not get them back for a long long time, if ever. And then if you do get any rights back, it may only happen after major revolutions within the country that tear it apart and leave it on "the slag heap of history".

    And then where are you and your rights??

  17. Makes you wonder by Anonymous Coward · · Score: 0

    How any crimes were ever solved before smart phones. It's a mystery.

  18. Digging themselves in a deeper hole. by i286NiNJA · · Score: 1

    The agents who struggled to prosecute teenagers for ripping off the telco 20 and 30 years ago are now considered some of the senior "cyber" experts. Somewhere at the FBI there is a crotchty old fucker who still tries to use his checkbook at the grocery store and he's sending out weekly paper memos urging his underlings to finally figure out what to do about these encripdon scramblers. "We defeated screen saver passwords we can defeat this too!"

    It's going to take a die-off to un-fuck this situation.

    In the meantime this idiot's crying and attention whory attempts at public lobbying by proxy is alerting even relatively unsophisticated criminals that somehow this encryption stuff is pretty hard for law enforcement to crack.

  19. Reaping what you sow. by Anonymous Coward · · Score: 5, Informative

    To put it mildly, this is a huge, huge problem,"

    Hey, FBI?

    No, it isn't, but do you remember this? The absolutely massive violations of the 4th amendment by the USGov? THAT is a "huge, huge problem". The intrusion into the personal life of billions of ordinary, peaceful, law abiding citizens around the world (not just in the USofA). No-warrant, mass surveillance, like we used to blame the USSR and GDR for.

    You violated the spirit and the letter of the law on such a scale that the world pushed back. You were given our trust, and you violated it. Not just here and there, exceptionally. No, you violated it systemically and constantly, for decades. And you are still doing so. No one who violated those laws has seen their day in court, a single day in prison, a single dollar of fine. You turned yourselves into a surveillance state.

    So yes, we are pushing back and we will KEEP pushing back, harder than ever. We will reclaim the rights you stole from us, with or without your permission. Because that's how things work in a free society - something you wouldn't understand.

    Sincerely,
    The rest of us who aren't tyrannical fucks.

    1. Re:Reaping what you sow. by Kernel+Kurtz · · Score: 2

      Yup.

      The FBI (CIA, NSA, etc) have been clearly shown to be completely untrustworthy.

      End of story.

    2. Re:Reaping what you sow. by Anonymous Coward · · Score: 0

      I heard that Feinstein is going to run for re-election. She is always pushing the law enforcement friendly, legislated backdoor option. As a member of the Senate intelligence committee, she needs to get a copy of your letter.

    3. Re:Reaping what you sow. by Anonymous Coward · · Score: 0

      The real question is: 6900 failed attempts and how many successfull ones?

  20. Huge problem? by Trailer+Trash · · Score: 1

    So, 20 years ago when smart phones didnâ(TM)t exist, was it a huge problem then? Because, if not, it canâ(TM)t be a huge problem now.

    1. Re:Huge problem? by Altrag · · Score: 1

      Getaway cars weren't a problem before the invention of the automobile either.

      Change happens, and the cops have to try and keep up with it just like everyone else. The main problem with encryption is that when you break it for one person (or in this case, agency,) its automatically broken for everybody because that's how math works.

      This whole debate wouldn't have gone past "do we need a warrant?" if they could just individually break into encryption on one device at a time as needed in the same way they can kick down your door without affecting your neighbors' home security.

  21. Re:TINY TRUST PROBLEM by Anonymous Coward · · Score: 1, Insightful

    We have a president who is a full blown lunatic and she has a staff filled with criminals.

    Hillary lost the election.

  22. Nelson said it best. by Guyle · · Score: 2

    *points finger* Ha ha!

  23. Good News! by WillAffleckUW · · Score: 1

    Oh, darn, I disabled FaceUnlock for my iPhone. How could that have happened?

    Easy solution: stop spying on Americans.

    --
    -- Tigger warning: This post may contain tiggers! --
  24. Re:TINY TRUST PROBLEM by Anonymous Coward · · Score: 0

    You are seriously going to try this? So, everything before Trump was perfect, and as soon as he is out of office, it will be perfect again?

    >> Maybe we should limit the powers of our government . . .

    Yes. We should. No buts. No "until such a time." If you think you can trust any administration, good for you. Stupid. But good for you.

  25. Police Work by datavirtue · · Score: 1

    They are not going to be able to grab someone's device and lock up the case on them...sorry. Just not a problem that someone can solve for them. They are going to have to do real police work to bust people.

    --
    I object to power without constructive purpose. --Spock
    1. Re:Police Work by DaMattster · · Score: 1

      That's just the real problem. Crime is actually down across the board. The FBI needs some work to actually do so it wants to become more "proactive." However, proactive is really synonymous with loss of freedom.

  26. Ah! by sjvn · · Score: 1

    My heart bleeds for them.

  27. Re:TINY TRUST PROBLEM by Anonymous Coward · · Score: 0

    "Law enforcement is essentially in servitude to Trump and his criminal staff."

    So, explain to us why Clinton and Obama aren't in jail.

  28. Its a losing battle either way. by pdfsmail · · Score: 1

    If encryption was lessened to where law enforcement can get in I wonder how many phones, including those of law enforcement agencies, will be compromised by those with malicious intent who figured out how to get in, either by hacks / mods / social engineering? Sounds like that would be a big problem as well. I hope they are as willing to pursue all of the cases where phones were decrypted by non-law enforcement and information is stolen from phone users. oops I hope I don't believe that.

  29. Re:TINY TRUST PROBLEM by KiloByte · · Score: 0

    We have a president who is a full blown lunatic and he has a staff filled with criminals

    You mean, warrantless wiretapping and searches haven't exploded during the previous full blown lunatic, and haven't been started by the full blown lunatic before him?

    For those who lost count, those lunatics belonged to the opposite parties, and so did their staffs of criminals.

    --
    The creatures outside looked from Alt-Right to Antifa; but already it was impossible to say which was which.
  30. Awww by PPH · · Score: 1

    This --> &
    is the world's smallest violin. And it's playing just for you.

    --
    Have gnu, will travel.
  31. Good news at last! by Applehu+Akbar · · Score: 1

    federal agents were unable to access the content of more than 6,900 mobile devices, Wray said in a speech at the International Association of Chiefs of Police conference in Philadelphia. "To put it mildly, this is a huge, huge problem,"

    And to the extent that we care about the Constitution, we want to keep it that way. Don't forget, these police associations are the primary lobbyists for that police right to steal from citizens.

    1. Re:Good news at last! by Altrag · · Score: 1

      No you don't. Getting a warrant to investigate a suspects phone contents isn't any more unconstitutional than getting a warrant to investigate the contents of their house.

      The problem is technological, not constitutional. Its simply not possible to put in a back door that cares about or even knows whether or not you're legally allowed to access the device.

      So right off the top if such a back door existed, the FBI would only need to get a warrant the very first time and after they get the key they could just keep using it and parallel-construct future cases without bothering with those pesky warrants.. not to mention that such a back door would almost certainly be discovered and exploited by the criminal element sooner or later, and history suggests it would be sooner.

  32. Giving the NSA the evil eye by irrational_design · · Score: 1

    I wonder what it is like when the director of the NSA and the FBI get together. Does the director of the FBI just lay into the director of the NSA for creating this "problem" or does he just give him the evil eye.

  33. Pointless Regulation by peterofoz · · Score: 1

    If the FBI succeeds in making the device manufacturers provide back doors to encryption, it will take exactly 0 seconds for 3rd party apps that encrypt securely to take its place.

  34. Before Smartphones by Anonymous Coward · · Score: 0

    So just do whatever it is you did before smartphones.

  35. To put it mildly, by Anonymous Coward · · Score: 0

    Boo fucking hoo.

  36. Need a brick function by Anonymous Coward · · Score: 0

    I see a day when encryption will be outlawed the way machine guns are outlawed. So I want an function on my phone so the screen lock has two codes. One to unlock the phone for normal use. The other to brick the phone so nothing exists on it after the code is entered.

  37. What debate by rsilvergun · · Score: 4, Insightful

    There's a handful of law enforcement people who want backdoors. Everyone else says no. You need a few more participants on the other side before it qualifies as a 'debate'.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
    1. Re:What debate by Anonymous Coward · · Score: 0

      Yes. It's like debating evolution with people who don't understand that it's a fact, like gravity.

    2. Re:What debate by Altrag · · Score: 1

      What country do you live in? "Everyone else" barely registers in most debates never mind mattering. This is a case of a large federal agency going up against a smattering of large corporations. Individuals are mostly irrelevant to the discussion other beyond ostensibly being the motivation for the corporate side of the argument. Us peons definitely don't get much if any say in the matter.

      Not to mention most people don't have a clue. You should look up John Oliver's episode on climate change where he discusses a similar "debate" in regards to that topic: Primarily the fact that "balanced" news sources tend to have one person from either side of the debate which makes the argument seem split even when the actual debate is heavily one-sided in reality.

  38. Get used to it Hooverites. by Tjp($)pjT · · Score: 1

    There are many other messages that remain inaccessible historically.

    --
    - Tjp

    I am in wallow with my inner money grubbing capitalistic pig. ... Oink!

    1. Re:Get used to it Hooverites. by Altrag · · Score: 1

      Its not really comparable. Those monuments and such are essentially security-by-obscurity algorithms -- sure they can be complex to figure out, but once you have the trick its entirely broken and nothing you can do will ever make it secure again.

      Those are significantly easier to construct than a key-based algorithm where even if the attacker knows the exact details of the algorithm, getting a hold of one key gives them zero knowledge of messages encrypted with a different key.

  39. What is on these phones?! by Bruinwar · · Score: 1

    Can someone please tell me what could possibly be on these phones that they can't get to? They already have all the calls & likely texts from the carrier (with a warrant, right?). They think there are some pictures of a terrorist holding his AK or something? I just really don't understand the need.

    --
    SLOWER TRAFFIC KEEP RIGHT
    1. Re:What is on these phones?! by hackel · · Score: 0

      Carriers don't have access to text message *contents*, only metadata, and besides, any criminal (or anyone who cares about their privacy, really) is going to use a 3rd-party service to communicate, not standard text messages. Logs of these exchanges, lists of contacts, browsing history, links to other websites, and yes, even photos are all potentially valuable evidence in an investigation. I'm sure there's a lot more out there as well. I highly doubt you are enough of an expert in law enforcement investigations for it to matter whether you "understand the need" or not (I'm certainly not).

      While I completely understand the benefit in accessing this information, they just need to accept that it's no longer going to be accessible to them and move on to other means of investigation.

    2. Re:What is on these phones?! by Anonymous Coward · · Score: 1

      Carriers don't have access to text message *contents*,

      Oops, you let slip a bit of FUD there. Text messages, email, SMS, and all travel unencrypted and can be stored at any point in the transmit chain by the carriers of either the sender, recipient, or network paths. The difficulty of capturing, storing, analyzing, and searching for content of the actual voice audio of phone calls is a not so significant task for three letter agencies, and has not been so for quite some time. (See Snowden and other wikileaks for documentation of this capability)
      The complaints about encryption of the devices as it emanates from the FBI appears to me as a thinly veiled complaint that the NSA wont just give access to the collected data, or a forum for arguing to gain a method they can publicly acknowledge and use to identify sources of information that they can use in open court.

    3. Re:What is on these phones?! by jwhyche · · Score: 2

      Carriers don't have access to text message *contents

      Yeah they do. I used to work for a carrier. I have pulled the exact contents that you are talking about for law enforcement. There is nothing on your phone that they need to send your ass to jail they can't get from the carrier. The reason they want access to the device is because it's simpler. Carriers have deep pockets and can fight to keep the data private. It is in the best interested of the carrier to fight such requests.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    4. Re:What is on these phones?! by jwhyche · · Score: 2

      Now that I think about it I remember one instance where I pushed out a rom update OTA to one particular MDN sitting on my desk.

      Think about the implications of that.

      --
      I read at +2. If your post doesn't reach that level I will not see or respond to it.
    5. Re:What is on these phones?! by Altrag · · Score: 1

      Pictures, videos, notes that may contain relevant addresses or phone numbers, contacts that you may have stored but never actually dialed, message history from IM apps that encrypt before sending, etc. Basically anything that doesn't get sent over the carrier's network (or is pre-encrypted before being sent.)

      For pictures specifically since you brought it up, they could potentially be used to help identify additional suspects for example.

    6. Re:What is on these phones?! by Agripa · · Score: 1

      Carriers don't have access to text message *contents*,

      Oops, you let slip a bit of FUD there. Text messages, email, SMS, and all travel unencrypted and can be stored at any point in the transmit chain by the carriers of either the sender, recipient, or network paths. The difficulty of capturing, storing, analyzing, and searching for content of the actual voice audio of phone calls is a not so significant task for three letter agencies, and has not been so for quite some time. (See Snowden and other wikileaks for documentation of this capability)
      The complaints about encryption of the devices as it emanates from the FBI appears to me as a thinly veiled complaint that the NSA wont just give access to the collected data, or a forum for arguing to gain a method they can publicly acknowledge and use to identify sources of information that they can use in open court.

      This may be true (and I would assume it is true) for the carrier's own applications but not necessarily for third party applications. In that case, the carrier would need to compromise the phone and compromise third party applications. I cannot say that this has not happened but if so, they sure would want to keep it quiet and discovery would be inevitable.

  40. Re:TINY TRUST PROBLEM by AF_Cheddar_Head · · Score: 1

    I'll try:

    Maybe because they haven't committed any crimes or maybe because they haven't been convicted of any crimes or maybe because this is still a country that doesn't imprison those that are no longer in power.

  41. Why don't they get it yet? by hackel · · Score: 1

    I just don't understand. They continue to say things like this, appearing to be in complete denial of reality. Why is this? Encryption is out there. It's not going away, and there is no going back to the way they used to operate. They need to accept this. I believe 100% that companies who have the ability to provide/decrypt customer data with a court order should be required to do so. This should increase safety for all of us, as software continues to be written that ensures it is in fact impossible for those companies to access our data, as it should be. In many cases, this means criminals are going to get away with crimes. It's unfortunate, but this is the price we pa for privacy. The tools are available to everyone. There is simply no excuse for this level of ignorance in the law enforcement community, let alone among politicians.

    1. Re:Why don't they get it yet? by Actually,+I+do+RTFA · · Score: 1

      Encryption is out there. It's not going away

      I doubt any current asymmetric encryption schemes will survive for more than 10 years against state-level actors from this point in time.

      --
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    2. Re:Why don't they get it yet? by Altrag · · Score: 1

      I believe 100% that companies who have the ability to provide/decrypt customer data with a court order should be required to do so

      That's what the FBI believes too. Unfortunately the universe isn't so forgiving: Those companies literally cannot, from a purely technological point of view, give themselves the ability to do this without risking a malicious third party also being able to figure out how to do it.

      All modern encryption is built on numbers, and numbers don't care about the intentions of the people using them. This is not a problem of political will, its a problem of mathematics and the way computers operate on a fundamental level. No amount of warrants can fix that, so we have to choose whether we'd prefer to live in a world where the FBI has to do a bit more work but the average person is protected, or a world where the FBI, as well as every random script kiddie on the planet, have potentially unfettered access to everyone's phone.

    3. Re:Why don't they get it yet? by Altrag · · Score: 1

      I think you might be underestimating the strength of modern algorithms. Assuming there isn't a yet-to-be-discovered weakness (or NSA back door as some conspiracy nuts would believe,) standard 2048-bit RSA encryption takes a few dozen lifetimes of the universe to brute force a single key.

      Of course if quantum computers get to the point where they can factor 2048 bit numbers reliably then all bets are off I suppose. I'm not sure we'll see them get there in 10 years.. though I also wouldn't place bets against the possibility at this point.

      That said, people are of course already working on alternatives to RSA that don't use factoring or other quantum-computable functions as their underlying mechanism. Not sure what the state of that art is at this point though (and of course even if someone's successful, it would take time to disperse the new algorithm around the world.)

    4. Re:Why don't they get it yet? by Actually,+I+do+RTFA · · Score: 1

      Of course if quantum computers get to the point where they can factor 2048 bit numbers reliably then all bets are off I suppose.

      This is very much what I expect to happen

      That said, people are of course already working on alternatives to RSA that don't use factoring or other quantum-computable functions as their underlying mechanism.

      Yeah, I admit my ignorance there as well. I know (intellectually) that such mechanisms are thought to exist, but I don't understand them at all. Truth be told, I don't even know if they're real or invented. I wish I understood quantum computing.

      --
      Your ad here. Ask me how!
    5. Re:Why don't they get it yet? by Agripa · · Score: 1

      I believe 100% that companies who have the ability to provide/decrypt customer data with a court order should be required to do so.

      The problem with this, and what Apple did, is that the companies can design the applications so it is not possible for the company to provide the encryption keys or the plaintext. And even if the companies arrange things so they they can provide the encryption keys or plaintext, a third party application could step in to do the same thing unless the companies actively defeated it which opens a whole new can of worms.

    6. Re:Why don't they get it yet? by david_thornley · · Score: 1

      There's something called "elliptical curve" asymmetric encryption, if you want to research it (I've never bothered).Of course, the NSA wanted to specify key generation to only produce ones they could break, but the appropriate body (NIST?) didn't find that acceptable. NIST legally has to consult with the NSA, not adhere to its recommendations.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    7. Re:Why don't they get it yet? by david_thornley · · Score: 1

      iPhones are encrypted with AES-256, which is symmetric. It's impossible to brute-force it with maximally efficient quantum computers without using more resources than the Solar System contains.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    8. Re:Why don't they get it yet? by Actually,+I+do+RTFA · · Score: 1

      People said the same thing about the NSA in the... 90's? Turns out the key generation restrictions they put in place were to avoid certain flaws the NSA was actively exploiting. That is, they specifically wanted keys they couldn't break. (Okay, they wanted keys they knew weren't vulnerable to being broken by another party.)

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    9. Re:Why don't they get it yet? by Actually,+I+do+RTFA · · Score: 1

      It's impossible to brute-force it...

      Except people use a, what, maximally 10-20 digit PIN. And it's usually 4. So, it's possible to brute-force that way.

      And if you doubt a state-level actor can disassemble the chip with its 10x bad passwords = wipe, I have a bridge to sell you.

      --
      Your ad here. Ask me how!
  42. Same story, same attitude. by WolfgangVL · · Score: 1

    Every time I hear about law enforcement wanting anything to do with mobile phones it reminds me how much they put into recovering stolen devices in the first place.... exactly zero.

    Priorities right?

    --
    You are being ripped off every second of every day, so that advertisers can help rip you off even more tomorrow.
    1. Re:Same story, same attitude. by SuricouRaven · · Score: 1

      The FBI wouldn't be investigating a stolen phone anyway. Not in their jurisdiction, unless they have reason to believe the phone was stolen in connection with a crime across state lines or a matter of national security.

  43. reputation by Anonymous Coward · · Score: 0

    If the law enforcement community had a better reputation, encryption wouldn't be such an issue.

    police beatings, shootings, CIA/NSA spying on everyone, constant fear...

    living in a police state with a police force and government with little regard to the values this country was founded on.

    And with crypto currency wallets to protect. it is getting to be important to everyone.

    steal your freedom, money and possibly hurt/kill you.

    why would anyone want to share anything with big brother.

    double plus not good.

  44. When do they ask to read your thoughts? by Maxo-Texas · · Score: 1

    These people are *REMEMBERING* details of their criminal activity but we can't read their minds! Now that we have a machine that can interpret what people are thinking- you are pro crime unless you allow us to read everyone's minds.

    --
    She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    1. Re:When do they ask to read your thoughts? by WillAffleckUW · · Score: 1

      Actually mind reading by device has existed for quite a few years now, but it requires a baseline read to compare and a decent trained dataset. It's still in beta stage, but it does exist.

      (research here at UWMC)

      --
      -- Tigger warning: This post may contain tiggers! --
  45. Law interferes with law by Anonymous Coward · · Score: 0

    Its an absolute BUMMER that law interferes with law enforcement.

  46. how many devices did they un-lock by Anonymous Coward · · Score: 0

    Ok, but how many devices did they un-lock in the first 11-months? what's the total devices that they had? Were is the rest of the information need for this article. Poor reporting

  47. You reap what you sow by Solandri · · Score: 4, Informative
    Back in the 1970s when DES was being standardized, The NSA told the standards body to remove certain sets of keys from possible use in DES. There was widespread speculation that the NSA had weakened DES, but in the 1990s differential cryptanalysis was discovered (outside classified circles). And it turned out the keys the NSA said to remove were vulnerable to differential cryptanalysis.

    When the govenrment is working for the people to strengthen the products they use, the people are more willing to go along with its recommendations. And to trust it when it says it needs a backdoor and will only use it with a warrant in cases of criminal or national security importance.

    But the last two decades has seen multiple revelations that the government is working against the people - violating the 4th Amendment under the veil of secrecy. When the public gets a whiff of that, they start to distrust the government. Not only do they refuse to put in backdoors, they start implementing security measures that even they cannot bypass if they lose the key. "Just to be on the safe side."

    The U.S. government has nobody to blame but themselves for letting things to get to this point. Once you lose the people's trust, the people stop going out of their way to make things easier for the government, and in fact will start doing things to make things harder for the government.

    If we recall, the FBI desperately wanted to backdoor the cell phone of the San Bernadino terrorists

    Incidentally, that was a PR snowjob by Apple. The cell phone in that case didn't belong to the terrorists. It actually belonged to the San Bernardino County government. It was assigned to one of the terrorists as a work phone. Apple was basically arguing that they should not be compelled to give the owner of a phone access to information on the phone in the case of a (potential) dire emergency. If you follow through on their argument, employers would not have access to company phones they provided to employees, parents would not have access to phones they bought for their kids, you could not authorize police to pull GPS data from a phone you lent to a friend when they went hiking and got lost. It's an argument which weakens the concept of ownership (right of the owner to know what their property is being used for, vs the user's right to privacy).

    1. Re: You reap what you sow by Anonymous Coward · · Score: 0

      Ownership is not the relevant detail. The government was asking Apple to disable a security feature, the auto-wipe function after 10 bad password tries so that the pin could be brute forced. If Apple could be compelled to do this in that case then it could be applied elsewhere in cases where private individuals owned the phone.

    2. Re:You reap what you sow by Anonymous Coward · · Score: 0

      >employers would not have access
      They have access to the phone. Any conditions that disrupted that access (ie credentials, permissions, encryption) were done either at their will or by agency they issued.

      Access isn't being "blocked", don't conflate. You're free to seek arguments that Apple should be forced to help, but owning property doesn't compel others. I may own a pack of cards but I can't obligate you to show me your poker hacks. I might buy a computer from you, but that doesn't obligate you to fix it when I download freemp3coupons.exe

    3. Re:You reap what you sow by Anonymous Coward · · Score: 2, Insightful

      You misunderstand the DES issue a little.
      It is true the NSA(through NIST) fixed the s-Box issue that made the standard vulnerable to differential cyptanalysis (something that was not known in academia at the time - and had to be independently rediscovered). Without the NSA fix, the standard would have been worthless as all messages would have been vulnerable.

      What is also true is that the NSA insisted on shortening the key length from 64-bits to 56-bits for no good reason other than weakening the standard to brute force attacks that they alone could afford at the time.

      So implying the government "helped" back then, is a little iffy.

    4. Re:You reap what you sow by dryeo · · Score: 2

      It's an argument which weakens the concept of ownership (right of the owner to know what their property is being used for, vs the user's right to privacy).

      Well, why should the the owners rights remove the users rights to privacy. Not being an American, it seems obvious that my right to privacy is more important then the right for someone to remove my privacy. My countries laws reflect this as well, with employers rights to spy on their workers being less then the workers rights to privacy.
      Probably rooted in America's founding principals such as being able to own people.

      --
      https://en.wikipedia.org/wiki/Inverted_totalitarianism
    5. Re:You reap what you sow by mishehu · · Score: 1

      More importantly, the employer may own the physical device. But the employer does not necessarily own all content generated by the user on the phone. The GP wrongly conflates this as a property ownership issue.

    6. Re:You reap what you sow by houghi · · Score: 1

      If you follow through on their argument, employers would not have access to company phones they provided to employees, parents would not have access to phones they bought for their kids, you could not authorize police to pull GPS data from a phone you lent to a friend when they went hiking and got lost. It's an argument which weakens the concept of ownership (right of the owner to know what their property is being used for, vs the user's right to privacy).

      In no way does it weaken the concept of ownership. There are two things here. The first is the ownership of the device itself. It is clear who owns it. That would be the employer or the kids or yourself. The second is the ownership of the data. That is the employees, the kids or your friends. See? No weakening of the concept.

      The right to privacy should trump all others, because without it, all the other rights become meaningless.

      --
      Don't fight for your country, if your country does not fight for you.
    7. Re:You reap what you sow by swillden · · Score: 1

      What is also true is that the NSA insisted on shortening the key length from 64-bits to 56-bits for no good reason other than weakening the standard to brute force attacks that they alone could afford at the time.

      The original key size was 128 bits, not 64.

      --
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  48. And this means what? by Anonymous Coward · · Score: 0

    And how many of these devices (statistically speaking) actually would contain meaningful evidence for the crime the person is accused of (if they even have been)? I would bet that the percentage could be counted on a single hand and of even those few cases I would wager that only a handful would be for serious (IE theft, murder, assault) crimes. Law enforcement these days cast a disturbingly wide net. There is a case where a person crossing the Mexican border a couple years ago accidentally forgot about 5 handgun bullets in their glovebox and their vehicle was impounded because it was "being used to transport munitions". Last I heard he still hadn't gotten his truck back, had never been charged with a crime, and was basically being denied the chance to challenge the seizure in court.

  49. Only 7000 by Anonymous Coward · · Score: 0

    That means they successfully hacked millions upon millions.

  50. Re:TINY TRUST PROBLEM by Anonymous Coward · · Score: 0

    manipulating the quote does not really help you make your point

  51. Dear FBI, NSA, RCMP, CSIS, etc... by hyades1 · · Score: 1

    You are more of a threat to a free, democratic society than terrorists, pedophiles, drug dealers and their ilk have ever been.

    Here is a cock. Suck it.

    --
    I've calculated my velocity with such exquisite precision that I have no idea where I am.
  52. What they really want to avoid... by Anonymous Coward · · Score: 0

    The reality is that the 3-letter agencies want their people to be able to sit at a keyboard in a cubicle in an air-conditioned office, type in a query, and find criminals that way.

    Remember when investigations involved something called "pounding the pavement"? Go *out there* to catch actual criminals, for fuck's sake! No technology has been invented that prevents them from doing that again.

  53. it's a huge problem by roc97007 · · Score: 1

    ""To put it mildly, this is a huge, huge problem," Wray said. "It impacts investigations across the board -- narcotics, human trafficking, counterterrorism, counterintelligence, gangs, organized crime, child exploitation, political coverups, wait, did I say that last part out loud?"

    --
    Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
  54. Nope. Try again. by Brannon · · Score: 3, Informative

    Face ID can't be tricked by showing it an image, not even a 3D image, because it doesn't work using optical imaging.

    1. Re:Nope. Try again. by houghi · · Score: 1

      Can it be hold in front of your face while you are contained by 4 people? Would "holding a phone in your face" be thought of as illegal entry or anything else?

      They could take the phone, hold it in front of you and the things opens. Not only do they now have access to everything, they have confirmation that it is your phone.

      It is not as if they are trying to not let you know they want and get access.

      --
      Don't fight for your country, if your country does not fight for you.
  55. That wasn't Apple's argument by Brannon · · Score: 4, Insightful

    > Apple was basically arguing that they should not be compelled to give the owner of a phone access to information on the phone in the case of a (potential) dire emergency.

    Apple had several arguments, the most powerful of which was that the government had not proven that Apple was the only party which had sufficient expertise to crack the phone--the law only gives the government authority to force a company to aid in this type of situation when there's no reasonable alternative.

    But if it makes you feel better about yourself to concoct some sort of anti-Apple fiction, then please do. Maybe you won't need to kick a puppy on the way home then.

    1. Re:That wasn't Apple's argument by Anonymous Coward · · Score: 0

      Apple had several arguments, the most powerful of which was that the government had not proven that Apple was the only party which had sufficient expertise to crack the phone--the law only gives the government authority to force a company to aid in this type of situation when there's no reasonable alternative.

      This is a broken argument.

      Apple controls the devices. Everything from the IPL to the userland applications must go through them. (Unless the device was jailbroken, which Apple has used the DMCA to litigate against, and views as an illegal act.) The whole FindMyiPhone functionality owes it's existence to the fact that Apple has have that level of control over each device.

      In reality, you can't use the device unless Apple gives it's blessing. You have to agree to their EULA as no other OS will run on it due to their enforced bootchain verification. You can only run the apps Apple approves of at the time you wish to run them. If Apple later decides to, they can remote wipe an app from all devices instantly. If the device is locked via the FindMyiPhone function, it won't do much more than a paper weight without getting Apple to bless it's "new" user. Any updates or additional functionality must be approved by Apple, and cannot be opt-out of, short of refusing all updates. It also wouldn't surprise me if in a few years, Apple pulls a Microsoft and decides that all updates are mandatory and cannot be opt-out of. (For improved user security, because the people who are actively refusing them must not be any more qualified to make that decision than the people who just blindly click "Update Now" anytime it pops up, and just want the notification to go away.)

      Further, all iOS devices have encryption that is mandated by the platform and controlled by it. There is no possibility for the end-user to use keys of their own creation nor to even see the keys the device is using for backup purposes. And who controls the platform? Apple.

      Not only that, Apple touts this as a positive benefit to consumers in their marketing and advertising. So there's no question as to whether or not Apple is aware of this fact or not.

      As said previously, Apple also maintains that any attempt at circumventing these "features" of their devices is illegal under federal law. Not only that but it also violates their EULA / ToS. And the devices are designed to be tamper-resistant. As such you need a very specialized skillset to even try to circumvent these "features" and if you give a damn about not breaking the law, you would need to find that hard to track down skillset in someone who's never agreed to Apple's EULA / ToS, and whom has been given an exemption from the DMCA's anti-circumvention clauses (amongst other laws).

      So no, Apple is the "person" to go to for gaining access to these devices. Apple retains full legal and technical authority over the devices after purchase, and as such can be compelled by the government to facilitate access with a warrant. Full stop.

      Now do I agree that Apple should have this level of control post-sale? No. Do I think Apple has placed too much of a risk on it's customers (and itself), by being a middleman between the consumer and device? Yes, absolutely. But what I think does not change reality. Apple retains control these devices post-sale, if they want to avoid legal issues like this in the future, (and we all better hope that they do), then they need to get out of the middleman business, and let the end users have the final say over what their devices will and will not do. Only then can they say to the court that they cannot facilitate access in a way that the government has no control over. (Until they mandate by law that Clipper 2.0 be embedded in all devices anyway....)

    2. Re:That wasn't Apple's argument by Anonymous Coward · · Score: 0

      How can you be an Apple fanboy and a trump supporter? Anyway, whenever I'm lying, I often have several arguments, many of them powerful. When I am not lying, I stick to the correct argument and do not falter from that position.

      But if makes you feel better about yourself to concoct some sort of Apple apology, then please do. Maybe you won't need to take some poor person's healthcare away.

  56. Boo-fucking-hoo by WillgasM · · Score: 1

    Stuff's hard sometimes and I don't like it. Please fix.

  57. On the other hand - by Anonymous Coward · · Score: 0

    "It impacts investigations across the board -- lunch plans, personal fetishes, the great deal they got on that Nintendo off of Craigslist, mundane "I love you"s from countless people" -- who have a reasonable expectation of privacy regardless of which technology (a smart phone or a piece of paper) they happen to be using right now. Suck it up and do some real detective work for a change and stop pretending that there's only one place were any evidence could be. You don't get to intrude on our lives just because it's the easiest avenue to snoop around in.

  58. FMRI scans by Okian+Warrior · · Score: 2

    Give them this and in 10 years they'll be whining about how unfair it is that they need a warrant to read your mind.

    You laugh, but this has been tried.

    In the case cited, fMRI scans were used to determine whether the plaintiff's "intent". IOW, they were using the scans to determine whether the doctor has "intent" to defraud the insurance agencies.

  59. Easy Encryption by Anonymous Coward · · Score: 0

    Why should this be easy?

  60. Apparently.... by Drakonblayde · · Score: 1

    Cellebrite isn't infallible.

  61. And the problem is? by DaMattster · · Score: 1

    This is a good thing! I am against government incursion into private affairs. The fact that the FBI is whining like a child whom nobody will share their toys with is a win for freedom!

  62. Poor little piggies by Anonymous Coward · · Score: 0

    Just go wii wii wii all the way home.

  63. Not the problem by AndyKron · · Score: 1

    No. The huge huge problem is the FBI trying to get data from over 14,000 phones a year.

  64. Re:TINY TRUST PROBLEM by Narcocide · · Score: 1

    Explain to me why Bush and Cheney aren't in jail? They're outright war criminals by both the letter and intent of the Geneva Conventions.

  65. And the result is ... by gordguide · · Score: 1

    And the result is, the FBI couldn't access half the smartphones they wanted to last year.
    Nor could they access any of the guns they failed to find last year. Or read any of the documents shredded and burned. Or transcribe any of the phone calls they failed to tap and/or record. Or, for that matter, understand any of the dead languages they could not translate, or drink any of the coffees they failed to pour.

    Apparently they need to seek out evidence, via, you know, police work. I feel so sorry for them, being forced to do the jobs they were trained to do. None of that justifies backdoors into secure devices.

  66. Give these people more power! by Anonymous Coward · · Score: 0

    It always amazes me. Those on the left trust these government critters to run our lives. At the same time they refuse to trust those same critters in cases like this. This is why the constitution was set up to limit what the government can do. The primary purpose of the constitution is to protect us from government abuse.

  67. They had warrants for 5 of them. by Anonymous Coward · · Score: 0

    They tried to access 14,000 phones, but probably only had warrants for 5 of them.

  68. So, how relevant are they? by Anonymous Coward · · Score: 0

    I've not seen any reporting as to the percentage of phones they have been able to access that actually yielded evidentiary information relevant to the specific investigation that led to the initial inquiry. Is there any proof, either way, as to the usefulness of such access? Or, more likely, is such access merely desired for "fishing" expeditions?

  69. That's exactly... by Bartles · · Score: 1

    ...what the FBI want us to think.

  70. big crocodile tears by eaglesrule · · Score: 1

    From the agency that utilizes parallel construction. Any law abiding citizen should rightfully wish to encrypt as much as their data as possible to give themselves at least some small measure of protection from these agencies, who demonstrate utter contempt for both the spirit and the letter of the very law they are tasked to enforce.

    Next up, steel reinforced front doors should be outlawed, because it interferes with early-am no-knock armed raids on people suspected of jay walking.

    1. Re:big crocodile tears by Agripa · · Score: 1

      From the agency that utilizes parallel construction. Any law abiding citizen should rightfully wish to encrypt as much as their data as possible to give themselves at least some small measure of protection from these agencies, who demonstrate utter contempt for both the spirit and the letter of the very law they are tasked to enforce.

      And an agency which uses civil assets forfeiture, and uses dragnet surveillance, and compromises security standards by controlling the standards process, and interrogates people via torture, and denies attorney-client privilege, and employs the purgery trap by not recording interrogations, and loses exonerating evidence, ...

      Next up, steel reinforced front doors should be outlawed, because it interferes with early-am no-knock armed raids on people suspected of jay walking.

      Physically secure doors are often unlawful. Check your building codes.

    2. Re:big crocodile tears by eaglesrule · · Score: 1

      And an agency which uses civil assets forfeiture, and uses dragnet surveillance, and compromises security standards by controlling the standards process, and interrogates people via torture, and denies attorney-client privilege, and employs the purgery trap by not recording interrogations, and loses exonerating evidence, ...

      And, as the case of Jerry Drake Varnell, pressure individuals known to be clinically diagnosed with mental illness to commit acts of terrorism, and then make an arrest when the subject acts with the materials and instructions provided. For this ruthlessness, and the lack of oversight for the agency, every single terrorist event that does occur it has to be considered if the FBI had direct involvement in making it possible and simply let the subject they groomed carry it out. I'm cynical enough to believe they would in order to preserve the climate of fear that justifies their budgets.

    3. Re:big crocodile tears by david_thornley · · Score: 1

      It's easier to make a terrorist conviction than that. The agent provocateur spurs discussion of how to commit a terrorist act, and gets one of the group to make one innocuous act that would be part of the plan. Convict of conspiracy to commit terrorism and publicize. In one case (the agreed-on plan was shooting up Fort Knox by posing as pizza delivery people), the innocuous act was getting a publicly available map of Fort Knox.

      If you play role-playing games set in the present day, make sure there aren't any covert FBI agents in the group.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
    4. Re:big crocodile tears by eaglesrule · · Score: 1

      If you play role-playing games set in the present day, make sure there aren't any covert FBI agents in the group.

      As I read this, my phone reboots itself for no apparent reason. Probably best to make sure those are kept out of the room as well.

  71. cool kid toys by Anonymous Coward · · Score: 0

    That's because the FBI doesn't have the cool kids toys like the NSA/CIA which has all the backdoors into these devices.

    "Encryption" bwhahahahahaha... doesn't mean anything if the device is running an insecure OS or BIOS

    1. Re:cool kid toys by Agripa · · Score: 1

      That's because the FBI doesn't have the cool kids toys like the NSA/CIA which has all the backdoors into these devices.

      Since the NSA forwards intelligence to the DEA for domestic law enforcement purposes, it is safe to assume that they forward intelligence to the FBI as well.

  72. So things are not working as well as they should. by Anonymous Coward · · Score: 0

    The FBI, nor any other snooper, should not be able to bust the encryption of my devices. That I bought in good faith that the vendor tried to make them secure.

  73. Mafia by Anonymous Coward · · Score: 0

    Billions of everyday people use encryption to protect themselves from criminals and spies.

    Dangerous criminals also sometimes use encryption to protect their data.

    Extremely dangerous criminals with fancy titles complain about the second group when really they are upset that they cannot spy on the first group.

    Government: like the mafia, but with more guns.

  74. because because because because by Anonymous Coward · · Score: 0

    The wonderful wizard of Jobs!

  75. Encryption is not new by UnderCoverPenguin · · Score: 1

    Encryption existed long before the US Constitution or the Fourth Amendment were written. By today's standards, that encryption was pathetic. But back then, it was a significant obstacle to law enforcement. The founders knew this when they wrote the Fourth Amendment so did the states when they ratified it.

    The founders included the Fourth Amendment because they had already witnessed the abuses of surveillance by the British government. They were trying to limit similar abuses by the government they were forming.

    --
    Don't try to out wierd me, three-eyes. I get stranger things than you, free with my breakfast cereal. --Zaphod Beeblebr
    1. Re:Encryption is not new by Altrag · · Score: 1

      There's a huge difference when going from a "significant obstacle" to an "impossible obstacle."

      Certainly breaking 18th century encryption with 18th century technology (ie: a smart dude just trying to figure it out) would have been a fairly daunting task, but ultimate it was probably doable in most cases.. when the criminal was smart enough themselves to encrypt their communications in the first place.

      Phone encryption nowadays though is an out-of-the-box experience, no effort required, and breaking it is far beyond daunting -- it would take several spans of the universe' lifetime if you were stuck brute forcing it. And that's before you even consider the possibility of dead man switches wiping everything after some number of failed attempts and other such techniques that could theoretically be employed.

    2. Re:Encryption is not new by david_thornley · · Score: 1

      I'm not up on 18th-century specifics, but for part of the 19th Century the Viginere cipher was considered unbreakable.if you didn't know the key. (Nowadays, it's usually trivial to crack with pencil and paper, and ciphertexts that are difficult with pencil and paper were trivial for my original TRS-80..) Cipher systems that nobody knew how to break are not a modern thing.

      --
      "When you have eliminated the unacceptable, whatever is left, however improbable, must be the truthiness" - Holmes
  76. Then how did the FBI crack it? by Brannon · · Score: 1

    They never got Appleâ(TM)s help. Kinda blows your little theory up, doesnâ(TM)t it?

    An iPhone is a digital safe. Safe companies are well within their rights to make a safe without backdoorsâ"and thatâ(TM)s what Apple is trying to do.

    Occasionally the government has a good reason to crack a safe, but the law is such that the safe company only has to help if thereâ(TM)s no other reasonable option.

    Thatâ(TM)s why Apple won.

    1. Re:Then how did the FBI crack it? by Altrag · · Score: 1

      They never got AppleÃ(TM)s help. Kinda blows your little theory up, doesnÃ(TM)t it?

      Uhh, no it doesn't. It just means Apple was successful in arguing their refusal.

  77. Not necessary... by VeryFluffyBunny · · Score: 1

    Decrypting the info on suspects' phones isn't necessary in most cases:

    - Most organised criminals use simple burner phones that don't have encryption.

    - The FBI has access to everyone's automatic backups on the "cloud."

    - The FBI has access to phone metadata which tells them everything about the phones' locations, movements, times, who they called, etc. They use social network analysis software to construct elaborate and detailed maps of people's activities through from their phones' metadata. If anyone's dumb enough to use their phone during or for criminal activities, the FBI can easily identify and catch them.

    It seems like there's an ulterior motive behind this constant pressure to ban or weaken encryption for citizens. Either that or the FBI are plain incompetent and want to blame/scapegoat something.

    --
    Debate is a form of harassment. Do not question my truth.
  78. What on earth is going on with Slashdot? by Anonymous Coward · · Score: 0

    "Michael Balsamo, writing for Associated Press:"
    "Justin Heifetz, writing for Motherboard:"

    Can't you see these articles are total garbage?
    "... while technology companies have insisted they must protect customers' digital privacy."

    That is not even close to what the actual problem of the whole situation is, and the fact that the "journalist" would _write_ that is mindboggling.

    What the fuck is going on? Why are you reposting terrible, stupid articles from "journalists" like this? And how the hell can I opt out from it?

    Like the PC SJW nonsense from BeauHD wasn't enough, along comes this bullshit.

    This is NOT the Slashdot I know.

  79. See, it's not about terrorists by Anonymous Coward · · Score: 0

    There are many obvious attacks to smatphone encryption, particularly as those devices aren't highly secure. (they cannot be as that would mean substancial changes to the case, and probably much larger devices, not to speak about the multi $1000 pricetag tamper prevention technology costs)
    Any of those phones can be broken with a few $100k of budget.

    Their encryption demands are there to make it scalable, so you can use it on random bag searches.

  80. good. by schleimkeim · · Score: 1

    good.

  81. smokescreen by Anonymous Coward · · Score: 0

    Real criminals where there is a compelling public interest in stopping them (i.e., murders and terrorists and child abusers) simply wouldn't leave incriminating evidence on their devices. Yes I recognize that a few of the stupider ones might, but overall, they wouldn't.

    So what this is really about is whether average Joe Schmoe can be investigated for copyright infringement whenever the cops can invent some excuse for checking his phone, like when he crosses the border going on vacation.

  82. Change the Law by calken1979 · · Score: 1

    Encryption works, don't try and change that. The arrest and investigation must already have a basis, so just change the law and say, we assume there is evidence on said device which implicates you to X, Y & Z. For those that have nothing to hide, it has no effect. Those that do have a choice, go to jail basis on an assumption or reveal the data and get prosecuted accordingly.

  83. Not the huge huge problem he's been told to parrot by BadTuna · · Score: 1

    Some 240 million people should give up encryption because of 6,900? The entire nations devices become more at risk because of 0.002875% of the population?
    Not surprising to see the director planting these seeds of bullshit so early in his career. That must have been some rigorous lapdog training he went through.

    --
    Your sig here!
  84. 10 years ago? by hoggoth · · Score: 1

    How did they solve crimes 10 years ago when people didn't have smart phones? What evidence was available then that isn't available now?

    --
    - For the complete works of Shakespeare: cat /dev/random (may take some time)
  85. There Is A Mechanism For That by Anonymous Coward · · Score: 0

    Get a f***ing warrant.

  86. If only ... by Agripa · · Score: 1

    If only there was a responsible trustworthy agency which could handle this like NOTHING THE US GOVERNMENT TOUCHES!

    The FBI has only themselves to blame for this. Fuck them.

    Congress cannot pass a law protecting civil rights including the 4th amendment which they cannot break.

  87. No worse than a thumb print. by Brannon · · Score: 1

    In face Face ID won't work unless your eyes are open and you are looking at the phone, so you have that option in your silly scenario.

    But the real answer is that in both cases you press the lock button 5 times quickly while the phone is in your pocket and the phone will require a passcode to continue.

    Actually the real answer is that noone cares that much about getting into your phone. Because you are irrelevant.

  88. Best answer? by AutodidactLabrat · · Score: 1

    No more cell phones or digital devices of any kind for any American.
    That or no more FBI
    I like the latter better

  89. No doubt in ages past by eric_harris_76 · · Score: 1

    No doubt in ages past, the invention of the opaque envelope was seen as a boon to criminals and terrorists and revolutionaries. "How can we protect our kingdom if letters and even large documents can pass from person to person, completely hidden from His Magesty's government's eyes?"

    As for boxes and homes with locks? "If you have nothing to hide, you have nothing to fear." Ban them!

    --
    There's no time like the present. Well, the past used to be.
  90. Re:TINY TRUST PROBLEM by Anonymous Coward · · Score: 0

    You mean, warrantless wiretapping and searches haven't exploded during the previous full blown lunatic, and haven't been started by the full blown lunatic before him?

    Don't be silly. Government breaking the law goes way, way back - nothing new was "started" by that particular lunatic. It often seems as though the primary jobs of government are to screw up and to break the law. They're really good at both of those things, because they get a lot of practice.

    The study of US legal history is depressing. It seems as though the government is always willing to break the law, and the lawyers are always willing to be unethical. Thank you, US judges, for letting this happen.

  91. Follow up question by Anonymous Coward · · Score: 0

    So, do you still stand by your zero chance statement?