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FBI Had No Way To Access Locked iPhone After Terror Attack, Watchdog Finds (zdnet.com)

The FBI did not have the technical capability to access an iPhone used by one of the terrorists behind the San Bernardino shooting, a Justice Department watchdog has found. ZDNet: A report by the department's Office of Inspector General sheds new light on the FBI's efforts to gain access to the terrorist's phone. It lands almost exactly a year after the FBI dropped a legal case against Apple, which had refused a demand by the government to build a backdoor that would've bypassed the encryption on the shooter's iPhone. Apple said at the time that if it was forced to backdoor one of its products, it would "set a dangerous precedent." Syed Farook and his wife, Tashfeen Malik, killed 14 people in the southern Californian town in December 2015. The 11-page report said that the FBI "had no such capability" to access the contents of Farook's encrypted iPhone, amid concerns that there were conflicting claims about whether the FBI may have had techniques to access the device by the time it had filed a suit against Apple. Those claims were mentioned in affidavits in the court case, as well as in testimony by former FBI director James Comey.

61 of 126 comments (clear)

  1. Reporting on this topic is counter productive. by Anonymous Coward · · Score: 5, Insightful

    Continuing to discuss this topic just plays into the hands of people who want to take your rights away. By keeping the discussion going for years they start to normalize the idea that there is something to discuss - i.e. that both sides have merit. They don't. It is just a case of one side having no point but refusing to die. But by keeping the articles flowing the public starts to get the subtle "both sides must have a point" message.

    You aren't just stepping onto the slippery slope, you are helping them spread the crisco. Just stop.

    1. Re:Reporting on this topic is counter productive. by cayenne8 · · Score: 1

      Continuing to discuss this topic just plays into the hands of people who want to take your rights away. By keeping the discussion going for years they start to normalize the idea that there is something to discuss - i.e. that both sides have merit.

      Kinda like the anti-gunners, the ones that want to eventually get rid of the 2A.

      I've just never before thought that so many of the US citizenry would be united in forcefully fighting to reduce their own rights on so many different fronts.

      --
      Light travels faster than sound. This is why some people appear bright until you hear them speak.........
    2. Re:Reporting on this topic is counter productive. by bluefoxlucid · · Score: 1

      Oddly enough, there are very few trying to ban all guns. I've found that sticking most gun-owning conservatives in a room with most reform-minded liberals and keeping the tone calm gets you a bunch of people who all have the same ideals and goals.

      There are a few folks over at NGRA and way, way off to the left who think we should eliminate all background checks and automatic weapons bans or that we should ban all firearms unconditionally in the entire nation. 90% of the country thinks they're nuts, but half of those think the other half ARE those nuts.

    3. Re:Reporting on this topic is counter productive. by CohibaVancouver · · Score: 1

      The issue isn't "keeping retards" from getting guns. The problem is that WHATEVER gun rights restrictions get enacted is NEVER ENOUGH.

      Not true - If you were to get gun deaths down to similar rates-per-ten-thousand that you see in Canada, the UK, Australia, et al most gun control advocates would quiet right down. Sure, you'd still have the fringe ones who'd want to see things like they have in Japan, but they'd just be fringes.

    4. Re:Reporting on this topic is counter productive. by evought · · Score: 1

      I agree with the AC that no amount of gun-control seems to be enough, and the fact that, for instance, Australia's gun laws are frequently held up as an example even though they would violate a whole raft of Constitutional rights if implemented in the US is certainly worrisome. But the problem is deeper and much more troublesome than that. Existing laws are not employed against known threats by objective criteria-- the Parkland gunman had over thirty encounters with law enforcement, several of which were chargeable as felony assault, and a request for involuntary confinement which was ignored. There was an agreement between the county and the school district to avoid criminal charges for students (in order to affect statistics and get more grant money) and this may have played into the matter. And yet, the Sheriff (the one who screwed up in the first place) immediately blames the NRA, blames gun-owners, asks for even more authority, pointing the finger at everybody except himself. They cannot apply objective criteria correctly, and yet they ask to be allowed to apply subjective criteria and have even more discretion. The country would be stupid to permit that.

      At the same time, protections for law-abiding gun owners are not enforced. As just one example, carry permits and registries are often sold to the populace with promises of protection for the confidential data. Here in Missouri we had a scandal in 2013 where the Department of Revenue was collecting information the law explicitly did not permit them to collect and then it was discovered that the entire registry had been illegally distributed (this scandal occurred shortly after a similar database in the NE, including addresses of gun of registered gun-owners, was published by a newspaper). The law makes these things felonies, but there was no investigation and no criminal charges. The impeachment proceedings against the governor were derailed by a committee chairman without informing the committee (I was at the hearings, myself, and spoke to members of the committee). As part of the backlash, the people pushed to take the registry away from the DOR and finally to allow concealed-carry without a permit.

      So, you have two major practical problems: 1) LE has implemented the power they have in both an ineffective and frequently corrupt fashion, and 2) the 'teeth' supposedly in the law to protect rights in existing laws are not enforced. The result is that gun-owners--- even those like myself who believe guns should be kept out of the wrong hands--- have no trust in the system. It has been concretely demonstrated that the system cannot be trusted and we would be stupid to support further restrictions. If more of the gun-control advocacy had showed interest in having the law enforced, perhaps we would feel differently.

    5. Re:Reporting on this topic is counter productive. by BlueStrat · · Score: 2

      No more school shootings, mall shootings, synagogue shootings, church shootings, or shootings in general is a good thing.

      So you think criminals will comply? HA!

      A gun ban or heavy restriction will simply add another item to drug cartel's and street gang's menu of available illegal goods for sale for them to profit hugely from. No background checks or age limits, nor any restrictions on fully-automatic firearms, RPGs, grenades, landmines, etc etc etc.

      But hey, prohibitions & criminalization have worked so well vs alcohol and drugs, right?

      Maybe you should look up the definition of insanity.

      Then have yourself committed to an institution.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    6. Re:Reporting on this topic is counter productive. by CanHasDIY · · Score: 1

      The issue isn't "keeping retards" from getting guns. The problem is that WHATEVER gun rights restrictions get enacted is NEVER ENOUGH.

      Not true - If you were to get gun deaths down to similar rates-per-ten-thousand that you see in Canada, the UK, Australia,.

      It's really hard to keep people from committing suicide.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    7. Re:Reporting on this topic is counter productive. by CanHasDIY · · Score: 1

      Molon Labe, bitch.

      Oh, wait, lemme guess - you're only for gun confiscation as long as someone else is the person risking their lives to take guns from people.

      Sounds about right.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    8. Re:Reporting on this topic is counter productive. by CohibaVancouver · · Score: 1

      If gun control in the UK, Aus, and Canada is "enough", then why do their governments keep pushing for more?

      Because as those nations further urbanize, the voters demand it. Most city-dwelling Canadians and Brits see no need for people to own guns.

    9. Re:Reporting on this topic is counter productive. by another_twilight · · Score: 1

      It's really hard to keep people from committing suicide.

      In many cases the urge to act passes relatively quickly. Removing or reducing access to an easy and immediate way to commit suicide reduces the number of people who actually succeed in committing suicide. You won't stop it, and some portion of people who would have committed suicide with a gun will find another means, but you will reduce it.

    10. Re:Reporting on this topic is counter productive. by another_twilight · · Score: 1

      Caveats; I'm Australian and think the restrictions on firearms was a Very Good Thing.

      With that said, the culture in Australia is very different than in the US. Smaller population, less income disparity, more social policies and safety nets.
      We don't seem to have the same tensions with race - we have our own problems and deplorable treatment of the indigenous people is one of them but they are different than in the US.

      I've grown up in outer suburbs and had friends on properties or who grew up in the country. There, a gun was a tool. About as sexy as a shovel. People who collected them or practiced with them were seen as more than a bit weird. There just wasn't the same level of ... reverence that seems to exist (real or just the impression from the outside) in the US.

      Banning/restricting guns, especially in the wake of the Port Arthur shooting had a lot more popular support than currently exists in the US. I think that there needs to be some significant changes in culture and cultural values before reducing or restricting guns is going to be possible, or before it will have an effect.

    11. Re:Reporting on this topic is counter productive. by rtb61 · · Score: 1

      To sum it all up, mental health services are expensive at it is cheaper to allow the crazies to kill other poor people and have the crazies publicly executed by law enforcers. Now if only the crazies would focus on the rich, then we would have mental health services implemented, rather than them killing the rich at random intervals ie instead of school shootings, hidey holes of the poseur rich shot up, that would see some real change taking place.

      --
      Chaos - everything, everywhere, everywhen
    12. Re:Reporting on this topic is counter productive. by CanHasDIY · · Score: 1

      It's really hard to keep people from committing suicide.

      In many cases the urge to act passes relatively quickly. Removing or reducing access to an easy and immediate way to commit suicide reduces the number of people who actually succeed in committing suicide.

      And you base this claim on what scientific studies or industry experience?

      Personally, I've been down that road and barely survived. Suicidal thoughts aren't something that just pop in your head and right back out. I spent years fighting with depression and suicidal ideations myself, and I know I'm far from alone.

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
    13. Re:Reporting on this topic is counter productive. by another_twilight · · Score: 1

      I have and continue to struggle with chronic depression, including extended periods of suicidal ideation. To be frank, my own experience sounds closer to your own (in as much as such a brief description can tell me) - I am more familiar with a constant, extended period of suicidal 'desire' than I am with short lived, but perhaps more acute urges.

      I am deeply sympathetic to your own experience and while I expect that there's a degree of commonality in what we and others go through, I don't expect that my own experiences necessarily reflect those of others. I was careful to state 'many' and not all and go on to stress that simply removing guns will not stop everyone who is suicidal. Perhaps I overstated the case, but it's based on studies and reports like this;

      Suicide, Guns, and Public Policy
      and less formally (although it has no links to the studies it presumably drawn on)
      School Shootings and Gun Control: A Focus on Suicide

      I am not sure that easy access to a firearm would have made much of a difference in my own experience, nor from the sound of it in yours - but I've seen this same information from various sources for some time, and can only conclude that for some people it can and will make a difference.

    14. Re:Reporting on this topic is counter productive. by CanHasDIY · · Score: 1

      I think of it this way - Japan has one of the highest suicide rates in the world, and zero guns in private hands. In fact if you look up the list of countries ranked by suicide rate, most of the nations that outrank the US in terms of suicides per capita are places with extreme restrictions on private firearm ownership. So based on the statistics that are available it seems there is a strong lack of correlation between private ownership of firearms and suicide rates.

      To wit: Guns are messy, shooting yourself is a frightening concept, pills are far more available to far more people than guns, and with pills "you just go to sleep."

      --
      An enigma, wrapped in a riddle, shrouded in bacon and cheese
  2. Recurrent headline... by Anonymous Coward · · Score: 1

    I guess FBI and the newspapers will keep repeating this story until they get their backdoor.

    Itâ(TM)s quite interesting however that it seems no other nation has huge problems to retrieve forensic data from iPhones...

  3. Privacy vs lazy cops by sjbe · · Score: 4, Insightful

    The FBI did not have the technical capability to access an iPhone used by one of the terrorists behind the San Bernardino shooting

    So what? For most of the FBI's existence they didn't have access to any iPhones at all and yet somehow they still managed to be an effective police force. It is highly unlikely that any critical evidence was on the phone that could not be gathered by any other means or that the inability to unlock the phone would result in an acquittal. It's no different than if the phone was damaged or lost. The FBI can suck it up and do some old fashioned investigating. They have access to metadata, witnesses, video, testimony, and much more. If that isn't enough it's unlikely that the iPhones will make or break the case.

    1. Re:Privacy vs lazy cops by CohibaVancouver · · Score: 1

      So what? For most of the FBI's existence they didn't have access to any iPhones at all and yet somehow they still managed to be an effective police force.

      False equivalency.

      50 years ago if I wanted to talk to you about doing a crime I could phone you, write you a letter, or send you a telegram. The FBI could and did intercept all those communications to catch bad guys.

      They were able to be an 'effective police force' due in large part to the lack of technological impediments.

      Today, I could communicate with you in a whole manner of ways that law enforcement can no longer intercept.

  4. good by micahraleigh · · Score: 1

    Given the IRS's reign of auditing against the tea party and the DOJ vetting their activity with Bill Clinton at the airport I have more concerns about the federal government than I do about jihad.

    The day will come and is already here when it won't matter if you are law abiding or not.

  5. Have to slap down the idiots by sjbe · · Score: 3, Insightful

    Continuing to discuss this topic just plays into the hands of people who want to take your rights away.

    If you don't discuss the topic then the people who want to remove your rights will succeed in doing so. Heck we're still having to argue against idiots who think racism is good, vaccines are bad, homeopathy is effective, climate change isn't real, the moon landings were a hoax, evolution is a "theory", etc. If you don't engage the idiots and slap them down then the idiots will win by default.

    Unfortunately we have a lot of news media that continue to present every story as if there are two equally valid sides to every argument. THAT needs to change. But the need to fight ignorance will never end.

    1. Re:Have to slap down the idiots by easyTree · · Score: 1

      Maybe start weaning yourself (and others) off 'news' and TV more generally - if you can't stop them from spreading outright nonsense, you can at least stop listening to it.

    2. Re:Have to slap down the idiots by chispito · · Score: 1

      If you don't discuss the topic then the people who want to remove your rights will succeed in doing so

      What rights exactly are you referring to? What is the difference between the FBI reading a dead gunman's postal mail, and the FBI having Apple send an over the air update to unlock the dead gunman's phone. They already had full authority to seize all of the gunman's correspondence. I guess it makes us feel better that Apple didn't want to comply, but then aren't we just pinning our hopes on the whims of a corporation?

      Rather, it seems the sole reason they chose not to comply with the FBI was to continue the charade that your secure data is beyond even their reach, when it almost certainly is not.

      If he had a storage unit, would you oppose the FBI compelling them to hand over the key?

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    3. Re:Have to slap down the idiots by swillden · · Score: 1

      Ummm, evolution is absolutely a scientific theory. That means it has be been repeatedly tested and proven to be true using the scientific method.

      No. The core premise of science is that theories can only be falsified, never proven. Every theory is always open for refutation by new observations.

      What you should say about evolution is that it's one of the most thoroughly tested theories in scientific history, having been scrutinized from a broad variety of perspectives and disciplines across both the life sciences and the physical sciences, without discovery of any countervailing evidence.

      Though what I prefer to say is "Evolution is a theory the same way gravity is a theory, except that the theory of gravity is actually wrong and had to be corrected, while evolution stands unchanged. If you want to distinguish between scientific 'laws' and 'theories', we really should say 'Theory of Gravity' and 'Law of Evolution', not vice versa."

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
    4. Re:Have to slap down the idiots by Lord+Kano · · Score: 1

      Well, evolution IS a theory. It's just the theory that's currently the most likely to accurately explain the origin of species.

      LK

      --
      "Hi. This is my friend, Jack Shit, and you don't know him." - Lord Kano
    5. Re:Have to slap down the idiots by fedos · · Score: 1

      Ah, yes, if you ignore the problem then it will surely go away.

    6. Re:Have to slap down the idiots by easyTree · · Score: 1

      The problem is listening to it. Once you stop, the problem will have gone away, yes.

  6. And yet... by oh_my_080980980 · · Score: 5, Informative

    Very misleading. FBI didn't pursue a solution internally and an outside vendor was found that could. So saying the FBI wasn't able to is incorrect. Did the FBI possess the technical ability at the time, perhaps not. Could they obtain it, YES!

    "According to the report, FBI executive assistant director Amy Hess "became concerned" that the department chief of the Cryptographic and Electronic Analysis Unit (CEAU), the division charged with obtaining evidence from electronic devices, did "not seem to want to find a technical solution" that would unlock the shooter's phone.

    The report added that the chief said he may have have known of a solution, "but remained silent in order to pursue his own agenda of obtaining a favorable court ruling against Apple.

    The report found that nobody withheld knowledge of an existing technical capability, as Hess had feared, but the watchdog found that the CEAU didn't pursue all possible avenues in the search for a solution. http://www.zdnet.com/article/f...

    1. Re:And yet... by swillden · · Score: 2

      I came here to say the same thing. The summary is terrible. The report basically says that the FBI knew they could get into the phone but didn't want to admit it, so they could pursue the court case and obtain the precedent they wanted.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  7. agree with Apple but what if they do it for china by Joe_Dragon · · Score: 1

    agree with Apple but what if they do it for china but not for the usa then how will you feel?

  8. Strawman by sjbe · · Score: 3, Insightful

    We must violate the Rights of peaceful, law abiding citizens and take away their guns because a small minority of the population misuses them to commit crimes, including murder.

    Are you seriously comparing a purpose built weapon designed explicitly to kill living things with a multi purpose computer/phone? Spare me the false equivalency. Nobody is arguing for or against gun control here but it isn't at all the same issue or the same logic.

    We can't have a judicially overseen process to break the encryption on the personal devices of small minority terrorist or other criminals because it would infringe on the Rights of peaceful, law abiding citizens.

    When you can design an encryption system that isn't rendered useless by the presence of a back door then your strawman might be credible. Unfortunately the laws of mathematics are pretty inflexible and nobody has figured out a way to put in a back door that only trusted parties have access to. Even if we completely trusted the government (which we don't) it still would be a bad idea.

    Did I get it right?

    Not even a little bit.

    1. Re:Strawman by sycodon · · Score: 4, Insightful

      Seems to me the AC was illustrating how some people seem willing to weaken some Rights, but not others, based on their own self-interest.

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
    2. Re:Strawman by Scoth · · Score: 1

      Not arguing for or against the point at hand here, but that's basically what virtually any political argument boils down to. Whether it's guns, abortion, healthcare, tax reform, immigration reform, term limits, segregation/affirmative action, whatever, people are wanting to tweak the balance of rights. Whether it's hardcore left folks who want to ban guns (but not other rights), hardcore religious folks who want to ban speech they consider blasphemy or establish state religions, basically any political argument boils down to people wanting to change certain rights but not others.

    3. Re:Strawman by PinkyGigglebrain · · Score: 3, Interesting

      Just some food for thought. If you agree that any right explicitly protected in the US Constitution can be ignored and/or restricted then you are also agreeing that ANY right explicitly protected in the US Constitution can be ignored and/or restricted.

      Your not supposed to cherry pick what parts of the Constitution you uphold and protect. You uphold and protect ALL of it, warts and all.

      If people don't like part of it then they should support an amendment to alter/revoke that part, but until the amendment goes into effect they should follow the Constitution as it is. Like it or not.

      Another thing that people forget is that the Constitution doesn't grant any rights, everyone already has "Freedom of speech" and the rest. The Constitution is meant to put limits on what the US government can do, nothing more.

    4. Re:Strawman by sycodon · · Score: 1

      Hear Hear!

      --
      When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  9. Re:Rights by Anonymous Coward · · Score: 1

    Did I get it right?

    No. Because mathematically implementing any form of encryption bypass weakens the encryption.

    I've explained this before, but let's try again.

    The most accurate real-world analog to data encryption is a pin-and-tumbler lock. In its proper and fairly secure form, each pin consists of two parts and the proper key lifts each tumbler so that the break between each pair of pin pieces lines up with the tumbler and the whole mechanism can turn freely. If you implement a second valid key shape, that means each difference from the original key has to be accommodated by a 3-piece pin. The problem arises that for each 3-piece pin, there are now two valid key heights, so the less similarity between the normal key and the master key, the more possible key shapes will unlock the door. If a 6-pin lock is made to accommodate two completely different keys, that means it will open for 2^6 (64) actual key shapes rather than two.

    If we let government-mandated supplemental unlock options be added to standard encryption schemes, two risks arise. Mathematically, the union of the user password and the government password would all be valid unlock codes. How large that gets is a function of the encryption algorithm used. More significantly, the government password will be broken. First it will be sold on black markets. Then it will be shared on forums of questionable social benefit. Then, it will become common enough knowledge for people to prank their friends with.

  10. FBI did not NEED to access locked iPhone.. by dweller_below · · Score: 5, Insightful

    I believe that the FBI is attempting to distract us from the critical, core issues of this debate. In arguing the technical details of accessing cell phones, they distract from the critical speech issues. They REALLY don't want us to ask:

    • * What should be the limits of government power?
    • * Are we engaged in Speech or Association when we use our phones?

    The US government has managed to bypass the 1st, 4th and 5th amendments by creating and extending the 3rd party doctrine. This doctrine roughly states that once information passes out of an individual's direct control, he can no longer exercise any control over it. This gives the government easy access to huge amounts of shared information.

    The "Responsible Encryption" debate is a new legal theory to destroy speech and freedom. It is a "No Party Doctrine". That is, No Party, except the government, is allowed to control information. The No Party Doctrine says that information is so important to the government, that nobody except the government should be allowed to control it. There is no information so sensitive, private or protected that it should escape government control. Since information is so important, individuals must not be allowed to control it through their speech, actions, tools, or situations.

    The FBI is cheerfully stating that the creators of the constitution would have allowed complete government control if only they had realized that information was important to a criminal investigation.

    We should denounce the "Responsible Encryption" proposals as a straightforward attack on our freedom of thought, speech and association.

    Instead, we should act to limit the 3rd party doctrine and restore our rights of speech and association.

    1. Re:FBI did not NEED to access locked iPhone.. by bluefoxlucid · · Score: 1

      The US government has managed to bypass the 1st, 4th and 5th amendments by creating and extending the 3rd party doctrine. This doctrine roughly states that once information passes out of an individual's direct control, he can no longer exercise any control over it. This gives the government easy access to huge amounts of shared information.

      Provide additional data on this topic. I must fix this.

  11. Re: Who needs the iPhone? Just read backups! by easyTree · · Score: 3, Funny

    If itâ(TM)s enabled. I donâ(TM)t back up to iCloud.

    For the love of deity, someone invent unicode!!!!

  12. What is this solving? by PingSpike · · Score: 2

    If the FBI cannot access the contents of dead terrorist's phones after they have committed their heinous acts then how can we expect them to properly close barn doors after the horses get out?

  13. The problem with boycotts by sjbe · · Score: 5, Insightful

    Maybe start weaning yourself (and others) off 'news' and TV more generally - if you can't stop them from spreading outright nonsense, you can at least stop listening to it.

    Pretending idiots don't exist will result in the idiots winning. Boycotts don't work unless they involve enough people to really make a difference and to get that you have to have already changed minds rendering the boycott pointless. Worthwhile to try to convince others to listen to credible news sources but tuning out without ensuring others are tuning out too is a Bad Idea.

    1. Re:The problem with boycotts by easyTree · · Score: 1

      Pretending idiots don't exist will result in the idiots winning

      Even if I choose not to smear myself in shit, it still exists - it's a choice though.

    2. Re:The problem with boycotts by Mal-2 · · Score: 1

      It's good to be king, at least for a while.

      --
      How is the Riemann zeta function like Trump rallies? Both have an endless number of trivial zeros.
  14. Re: Who needs the iPhone? Just read backups! by DontBeAMoran · · Score: 1

    It's already invented, but Slashdot is still stuck in 1988.

    --
    #DeleteFacebook
  15. Re:Rights by sycodon · · Score: 1

    Wait..is anyone actually arguing against that?

    --
    When Fascism comes to America, it will call itself Anti-Fascism, and tell you to give up your guns.
  16. Backdoors are always a terrible idea by sjbe · · Score: 5, Insightful

    What rights exactly are you referring to? What is the difference between the FBI reading a dead gunman's postal mail, and the FBI having Apple send an over the air update to unlock the dead gunman's phone.

    If I really need to explain that to you please hand in your geek card. Breaking the encryption on the iPhone renders ALL encryption on the iPhone useless. It isn't just the government we are worried about here. If the US government can get into my correspondence then so can malware makers, foreign governments, thieves, etc. Any process used to open one iPhone effectively opens ALL iPhones. If I have to explain why that is bad then you need to go get some education before this discussion goes any further.

    They already had full authority to seize all of the gunman's correspondence.

    Authority != Ability. Furthermore there are civil rights issues in play here that extend FAR beyond the gunman's correspondence. I'm not worried particularly about the gunman. I'm worried about MY rights. We have limits on law enforcement because they have a LONG history of abusing their authority.

    If he had a storage unit, would you oppose the FBI compelling them to hand over the key?

    Him handing over a key to his storage locker does not render my storage locker accessible to thieves. Seriously? You don't see the difference?

    1. Re:Backdoors are always a terrible idea by chispito · · Score: 1
      I don't buy the argument that unlocking one phone is tantamount to a backdoor to all phones. Cook said

      The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks — from restaurants and banks to stores and homes. No reasonable person would find that acceptable.

      He obviously had the PR department go over this with him. "The FBI wants us to apply dev firmware to a single phone in a controlled environment? Let's say it's a hacker tool that will get out on the internet and put everyone at risk." It really seems most likely that the reason Apple resisted this court order was because they wish for you to think your data is safe from them when, in reality, they have not yet figured out how to make their devices manageable without also giving themselves a way to bypass your data encryption. It wasn't about privacy, it was about PR.

      TLDR: The FBI and Apple both chose to appeal to the public. Apple inserted privacy and security language in their response, and won. That sounds great except next time the request won't be public so you won't even know how it turns out, and Apple will be just fine with that, because the illusion is maintained.

      --
      The Daddy casts sleep on the Baby. The Baby resists!
    2. Re:Backdoors are always a terrible idea by chispito · · Score: 1

      That costs them money

      1. Yes, in sales

      or indeed they would have to cut back security on their phones

      2. That's the illusion

      which their customers wouldn't like.

      3. See #1

      --
      The Daddy casts sleep on the Baby. The Baby resists!
  17. The report doesn't say "access"; it says "exploit" by UnknowingFool · · Score: 1

    The article says that the FBI didn't have the ability to "access" but the actual report says "exploit". The difference is that we know that the FBI had the ability to access the iCloud information that the phone shared but lost it when they disregarded Apple's advice on how to access that information. So the FBI had the ability to access some information on the phone. Also we know how to access the iPhone; guess the number combination. Given default settings with a forced delay, it would take 200+ days to unlock a 4 digit combination.

    The report says that the FBI didn't have the capability to exploit the phone at the time of the Congressional hearings on the matter which is probably true. They probably possess some capability now depending on model and iOS version.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  18. Re:Apple already has disagreed with this by UnknowingFool · · Score: 1

    Not to sound macabre, but didn't the FBI have both the fingers (as well as everything attached) and the iPhone in their custody well before the required password timeout kicked in? I recall Apple suggested the phone was still free to use the biometric unlock while the FBI was in possession of everything they needed to do this.

    The phone was a iPhone 5C which doesn't have a fingerprint scanner. All models after the 5C and before the X have scanners. Apple did tell law enforcement how best to access the phone backups (and iCloud info); however, they ignored the advice and tried to force reset the password which locked out the phone.

    So if I do recall correctly and if this is the case, then this watchdog's findings are not entirely true. Unless they mean the FBI doesn't have their shit together enough to access the terrorists phones.

    No the findings are true if you read the actual report. The news reporting is not accurate. The words on the actual watchdog report is the FBI "did not have the capability to exploit" not "did not have ability to access".

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  19. Theory versus "theory" by sjbe · · Score: 1

    Ummm, evolution is absolutely a scientific theory.

    It is a theory (meaning model), not a "theory" (meaning unproven). Evolution is only a "theory" in the syntactic sense as used to describe scientific arguments. That's why I used the quotes. People who argue against it argue that it is a "theory" using a different definition of the term theory to disingenuously argue that it somehow is still an open question as to whether it is real. In reality it is about as debatable as whether gravity exists.

    1. Re:Theory versus "theory" by swillden · · Score: 1

      The people who stand to lose extraordinary profits from - just as a "for instance" - world economies turning away from fossil fuel-based energy and transportation systems are a different and very much more pernicious matter. They know they're presenting misleading arguments, and they couldn't care less.

      I don't think this is actually true. Oh, perhaps it's true of someone somewhere, but not most. The true explanation is both less cynical and more useful: confirmation bias. People who want to believe something (and financial motivation is a good reason to want to believe something) have a startling ability to ignore or pick apart evidence that they don't like, and uncritically accept evidence they do like. And contrary to what you might expect, intelligence and education increase the ability of people to do this, rather than decreasing it.

      So apply Hanlon's razor: They're not maliciously rejecting climate change, they're incompetently rejecting it, in a very human way, based on characteristic "bugs" of the human brain. And this is actually a good thing, because if they were rejecting out of malice, then there would never be any hope of convincing them, because they're already convinced and they don't care. But if it's just cognitive bias at work then there is some way that the bias can be overcome and the resistance broken down. We probably don't know what that is, but it exists, and it's almost certainly easier than making them care.

      --
      Note to ACs: I usually delete AC replies without reading them. If you want to talk to me, log in.
  20. Re:Factually and completely false by PPH · · Score: 1

    Yes. But that requires a warrant and will leave a paper trail should the FBI use an outside resource to go fishing. They are just throwing a temper-tantrum until they get everything they want.

    --
    Have gnu, will travel.
  21. Let's say there was a backdoor by b0s0z0ku · · Score: 1

    Let's say there was a back door. Couldn't he still have smashed the thing with a hammer and thrown it in a lake before going full-on Jihad? What's next, mandate automatic cloud backup of all data, because someone might destroy a device before committing a crime?

  22. There actually wasn't a privacy issue in this case by Solandri · · Score: 1

    Because the phone did not belong to the terrorist. It belonged the San Bernardino County government. It was assigned to the terrorist for work use (i.e. he didn't own nor pay for it, and he was only supposed to use it for tasks which the owner could audit anyway). On top of that, the guy was dead, and legally thus far your human rights evaporate upon death.

    Apple spun it as a privacy issue, as if the government were trying to get into your personal phone, and the press ate it up. That wasn't the case here at all. The closest personal analogy would be if you bought an iPhone for your kid with the clear understanding that it was only on loan to him, and he ended up being killed while committing a crime which made national headlines, and the police wanted to see if the contents of the phone you bought him might help their investigation, but you didn't know your kid's password. The precedent that was set wasn't that Apple wouldn't help the police break into your phone. The precedent that was set was that Apple wouldn't help you break into your own phone.

  23. Re:Who needs the iPhone? Just read backups! by evought · · Score: 1

    There was a backup. The phone belonged to the terrorist's public employer who were cooperating to provide access. The FBI requested that San Bernardino reset the phone password which then caused the phone to stop syncing data which had not yet been backed up (correct and expected behavior).

    ...by resetting the password, the county, which owned Farook’s phone, and the FBI eliminated the possibility of seeing whether additional data beyond Oct. 19 might be recovered from the phone through the auto-backup feature, experts said. [ FBI asked San Bernardino to reset the password for shooter’s phone backup ]

    So, it was the FBI's error that caused the phone data to be potentially important in the first place. Of course, the FBI did not actually know (and could not know) whether there was additional data on the phone or not, so the importance of the phone itself was highly speculative.

  24. Hack-resistant backdoors aren't practical by davidwr · · Score: 1

    It's possible to build a hack-resistant backdoor into something like an iPhone, but it's just not economical unless the value of a key-escrow system is extremely high.

    The key things that make it hack-resistant are:
    * Difficulty and cost of decrypting a device is high
    * Decrypting a device requires lots of human effort, lots of time, and physical access to many different things which are not in the same place.
    * Decrypting one device does not get you any closer to decrypting similar devices

    One solution - listed below - amounts to a version of the key-escrow schemes proposed by the United States in the 1990s.

    Each phone would have a an encrypted version of a unique random key burned into the hardware, not directly accessible by the device, and indirectly accessible only through something akin to the iPhone's security module.

    The key to decrypt this key would be be that phone's "back door." If you can decrypt the key that belongs to a given phone, you can decrypt the entire phone.

    In other words, if "A" is the magic key that can decrypt the phone, and "B" is encrypt(A, key), then B is burned into the phone and "key" (or its private-public counterpart) is the phone's "back door."

    These "back doors" would not be stored electronically. Rather, they would be stored offline, possible even on paper, split into multiple pieces, each piece itself encrypted, and the results stored in different locations. The idea being that a significant amount of human and computational effort would be required to re-assemble the pieces even if there was a court order.

    So, for each phone, "key" would be divided into many pieces, K1 through KN. Each of them would be encrypted and the encrypted versions stored offline across a wide geographic area, all under tight physical security. Of course, the key that could be used to decrypt K1 through KN would also be stored under tight security and not stored on any network-connected device.

    Of course, one a computer or phone's keys had been re-assembled, for all intents and purposes that device will never be secure again.

    The system has several advantages over other backdoor proposals:
    * There is no "you broke it for all devices" situation like when DVD encryption was broken.
    * It's very difficult, difficult enough to deter random "fishing expeditions" by law enforcement and even deter all but the most "high value" targeted "fishing expeditions"

    As a backdoor, this system is not without its weaknesses:

    * There is a short window during manufacturing where the key can be stolen without anyone knowing about it. For example, if a manufacturer were coerced by a government, or if an employee with such access were being blackmailed.
    * If a key is recovered and the device is not destroyed, future owners may believe they have a secure device, when in fact they do not.
    * There are still some sensitive keys, such as the key that can be used to decrypt the parts that are geographically dispersed.
    * I'm sure there are other weaknesses, after all, this is just one guy thinking off-the-cuff somewhere on the Internet, not an academic making sure his proposal will pass peer review.

    Countries which are not free but who wish to have the veneer of freedom may want to have phones that are "secured" in this way. If the people correctly believe that it will cost their police force weeks of time and hundreds of thousands of dollars to decrypt their phones, it will cut down on the fear that exists in most police states, which will help those in power stay in power longer. I'm especially thinking of countries like China and Russia, but I'm sure more than a few readers have some English-speaking countries in mind as they read this.

    --
    Knowledge is how to play a game, intelligence is how to win, wisdom is knowing what game to play.
  25. Re:Rights by CanHasDIY · · Score: 1

    Pretty sure Thomas Jefferson did.

    Malo periculosam, libertatem quam quietam servitutem

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  26. Re:There actually wasn't a privacy issue in this c by CanHasDIY · · Score: 1

    On top of that, the guy was dead, and legally thus far your human rights evaporate upon death.

    That is patently not true, although I have been hearing rumblings of it recently.

    When you die, your rights pass on to your next-of-kin, and it has always been this way. Otherwise, upon a person's death the government (or anyone else for that matter) could legally seize all property that was under said deceased person's name.

    --
    An enigma, wrapped in a riddle, shrouded in bacon and cheese
  27. Hard to fix incompetence by nehumanuscrede · · Score: 1

    If the FBI would actually do their job, they would have had access to those phones via warrant BEFORE the whole thing went down.

    It turns out, most of the crazy shit happening today is usually KNOWN to the FBI before the SHTF, they just never do anything or act upon this information.

    If you get word that X is gonna shoot up a bus full of Nuns, you get a warrant going and you start watching the folks in question. Hell, even Apple will help you if you have a proper warrant.

    But, going back to at least 9/11, that's just not how Federal Law Enforcement or Intelligence operates.

    Sad.

  28. Breaking encryption by sjbe · · Score: 1

    I don't buy the argument that unlocking one phone is tantamount to a backdoor to all phones.

    Then you don't understand the technology at work. With any encryption if you break it on one device you have de-facto broken it on every device that shares that encryption system. That's how it works like it or not. It is analogous to the act of creating a key. If you hand a key to a third party (even a trusted one) that key can (and probably will) be copied without your knowledge or consent. If there is a backdoor with a weak or nonexistent key there is no way to hide it so that only the "good" guys have access.

    He obviously had the PR department go over this with him.

    Of course he did. That doesn't mean is he wrong. He is absolutely correct that any tool created to circumvent encryption WILL be used in ways that were not intended or authorized. Including by law enforcement which has a LONG history of abusing their authority.

    The FBI and Apple both chose to appeal to the public. Apple inserted privacy and security language in their response, and won. That sounds great except next time the request won't be public so you won't even know how it turns out, and Apple will be just fine with that, because the illusion is maintained.

    Oh so you are going with the conspiracy theories now? Apple has been very public about the fact that they cooperate with law enforcement. The line in the sand they drew was in breaking or circumventing their encryption. Why? Because there is no way to break/circumvent solely for law enforcement and the first thing their competition would do is point that fact out. Apple isn't doing this because of some moral compunction. They are doing it because breaking encryption is bad business for them. The FBI is asking them to do something contrary to Apple's profit motive.

  29. They Should Have Access...BUT by dcw3 · · Score: 1

    I want law enforcement to have access. But only with a warrant. This should be treated no different that snail mail, as it's the private communications of individuals, but the system has managed to pervert that by claiming that there should be no expectation of privacy. THAT needs to be fixed.

    --
    Just another day in Paradise