A Blog by Jonathan Low

 

Feb 17, 2016

The Reasons Apple Believes It Has To Defy Court Order to Open Terrorist Killer's iPhone

Apple is caught between its reputation with customers and the law. The proximate cause is the battle over which public policy imperative takes precedence: privacy or personal security.

The FBI wants Apple to override the autowipe feature on the dead San Bernardino terrorist's iPhone so that they can unlock the phone - which they are not asking Apple to do - and see if there were any other co-conspirators or indications of how the massacre was planned in order to help prevent a similar occurrence in the future.

Apple is taking an extreme stance for the sake of building public support, claiming that the FBI wants a permanent back door into its customers' iPhones. There is considerable debate about whether the government's court-supported request is quite that comprehensive.

From Apple's standpoint there is considerable public relations value in reinforcing its reputation as a revolutionary technology in tune with the sympathies of its customers, even as it has become one of the most valuable corporations in the world. The larger issue is that as smartphones have become central to most humans' very existence, the laws of political entities in which they live have not kept up with that reality. Whether citizens will support greater privacy - or security is not clear. Online polls soliciting opinions on Apple-FBI dispute are currently running slightly in Apple's favor, but not by much. JL

Shane McGlaun reports in Slashgear:

Apple says that the government claims that the software would be used on this one phone in this one case. However, there is no way to guarantee that the software would only be used in this case since once the bypass is known, it can be used anywhere. Apple appears to be hoping public outcry will help gain support to thwart the government's efforts.
In their effort to collect data and evidence in the case against the terrorists who killed multiple people in San Bernadino last year the FBI has been working with Apple to gain access to the shooter's iPhone. Apple was ordered this week to disable autowipe on the iPhone collected as evidence in the case. Autowipe is a security feature that deletes data from the phone if the password is entered incorrectly too many times.

A court order was issued to compel Apple to disable the autowipe feature and Apple has now issued a letter outlining its stance on the issues. Apple says that the US government has taken a step that would threaten the security of its customers and that it is opposing the order because it has implications beyond the case at hand. Apple also says that this government request calls for public discussion.
Apple says that it was "shocked and outraged by the deadly act of terrorism in San Bernardino last December." It has supported the FBI in its investigation since being asked to help and Apple is clear that it has no sympathy for terrorists. Apple has provided all data it has in its possession to authorities and complied with valid subpoenas and search warrants as well as making engineers available.
Apple says that the FBI wants it to make a new version of iOS that would circumvent important security features and install that new OS on the iPhone recovered in the investigation. The problem is that Apple claims in the wrong hands this software would circumvent important security features and give the potential to unlock any iPhone in someone's physical possession. Apple says that what the FBI wants is essentially a backdoor into Apple devices.
Apple says that the government claims that the software would be used on this one phone in this one case. However, there is no way to guarantee that the software would only be used in this case since once the bypass is known, it can be used anywhere. Apple appears to be hoping public outcry will help gain support to thwart the government's efforts.
          Apple's open letter: "We have great respect for the professionals at the FBI, and we believe their intentions are good. Up to this point, we have done everything that is both within our power and within the law to help them. But now the U.S. government has asked us for something we simply do not have, and something we consider too dangerous to create. They have asked us to build a backdoor to the iPhone.
Specifically, the FBI wants us to make a new version of the iPhone operating system, circumventing several important security features, and install it on an iPhone recovered during the investigation. In the wrong hands, this software — which does not exist today — would have the potential to unlock any iPhone in someone’s physical possession.
Rather than asking for legislative action through Congress, the FBI is proposing an unprecedented use of the All Writs Act of 1789 to justify an expansion of its authority.
The government would have us remove security features and add new capabilities to the operating system, allowing a passcode to be input electronically. This would make it easier to unlock an iPhone by “brute force,” trying thousands or millions of combinations with the speed of a modern computer.
The implications of the government’s demands are chilling. If the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone’s device to capture their data.
Opposing this order is not something we take lightly. We feel we must speak up in the face of what we see as an overreach by the U.S. government."

 

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