“The FBI could demand that Apple turns over its source code and private key to the iPhone’s operating system, the Justice Dept. implied in its latest filing against the tech giant,” Zack Whittaker reports for ZDNet.
“The government’s response aims to target a critical argument made by Apple — that compelling the company to rewrite its iOS software to remove security features in order to allow federal agents to bypass the passcode on the San Bernardino shooter’s phone would be overly ‘burdensome,'” Whittaker reports. “Some case watchers saw the citation as more indicative of a threat than a technological suggestion.”
“By its own admission, the Justice Dept. set this precedent in its 2013 case against Lavabit, the encrypted email provider said to have been used by whistleblower Edward Snowden. ‘I think [the government] is setting up the possibility of demanding the key and the source code,’ said Lavabit founder Ladar Levison, speaking on the phone,” Whittaker reports. “He too was compelled by the government to provide “technical assistance” to help the FBI install a pen register device to obtain metadata on an Lavabit account — thought to be Snowden’s but that was never formally confirmed as the case remains under seal. Levison forcibly shut down his encrypted email service after federal agents later demanded that he turn over his master encryption key, which he said would give agents access to every one of his customers’ data.”
Read more in the full article here.
MacDailyNews Take: Is the U.S. government so stupid as to not realize that the end of its quixotic quest is not the end of Apple, but the end of the U.S. as we know it?
If it ever came to that, Apple should leave the country and not look back. We’re positive there are hundreds of countries around the world who would welcome a company with a highly-paid (and therefore highly desirable) workforce who can contribute to the economy in myriad ways, from consumption to taxation.
If the U.S. government thinks a $6 billion steel and glass donut in Cupertino will keep the company shackled in Oceania, they should think again. Apple has enough cash on-hand right now to build 36 more donuts with billions left over, yet they need only build one in a country with leadership who understands liberty along with basic economics.
Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety. – Benjamin Franklin, Historical Review of Pennsylvania, 1759
SEE ALSO:
Obama criticized for ‘tone deaf’ comments at SXSW regarding Apple’s fight against government overreach – March 14, 2016
The U.S. government’s fight with Apple could backfire big time – March 14, 2016
John Oliver just smartly explained Apple’s fight against U.S. government overreach – March 14, 2016
U.S. Congressman Darrell Issa at SXSW: ‘Hold your iPhone a little bit higher, so the FBI can hear us better’ – March 14, 2016
Obama pushes for iPhone back door; Congressman Issa blasts Obama’s ‘fundamental lack of understanding’ – March 12, 2016
U.S. Attorney General Loretta Lynch backs U.S. government overreach on The Late Show with Stephen Colbert – March 11, 2016
Former CIA Director: FBI wants to dictate iPhone’s operating system – March 11, 2016
U.S. government takes cheap shots at Apple – March 11, 2016
FBI warns it could demand Apple’s iPhone code and secret electronic signature – March 10, 2016
California Democrat Diane Feinstein backs U.S. government overreach over Apple – March 10, 2016
Obama lists the ‘tech leaders’ involved in new U.S. Cybersecurity Initiative and purposely snubs Apple – March 10, 2016
Snowden: U.S. government’s claim it can’t unlock San Bernardino iPhone is ‘bullshit’ – March 10, 2016
U.S. Congressman Darrell Issa: The FBI should try to unlock shooter’s iPhone without Apple’s help – March 2, 2016
U.S. Representative Darrell Issa on Apple vs. FBI: Very scary when your government wants to know more about you – February 24, 2016
U.S. government seeks to force Apple to extract data from a dozen more iPhones – February 23, 2016
Apple could easily lock rights-trampling governments out of future iPhones – February 20, 2016
Apple CEO Tim Cook lashes out at Obama administration over encryption, bemoans White House lack of leadership – January 13, 2016
Short-timer U.S. Attorney General Eric Holder blasts Apple for protecting users’ privacy against government overreach – September 30, 2014
Obama administration demands master encryption keys from firms in order to conduct electronic surveillance against Internet users – July 24, 2013
What sane tech company would want to be based in the US in light of these threats?
Dell, Microsoft, Gaagle.
The U.K. and France are attempting the same thing as the DOJ/FBI anti-constitutional whores.
MDN:
Stop. You are so dogmatic and dramatic. You are so obssessed with this issue. Meanwhile, in the rest of the world…
Remember what this site is about. You are covering this issue too much. It’s drowning out the actual business of Apple. Remember the event coming up in a week?
Also remember that you are not in the government. You aren’t a politician. You aren’t an expert in national security. Or law enforcement. Or perhaps computer science.
You think that what you’re saying is absolutely correct. However, if you had the skills, education, and position to be more of an authority on this issue, along with the access to information, your opinion may differ.
I’m not American and don’t live there. But this is not the end of the US. If you believe that eventually government won’t have a complete framework and mechanism to grab data from any smartphone or other device, you’re dreaming. You really don’t want a world like that. This is simply law encorcement catching up with the times.
Any other government overreach we need to keep in check. But this issue is more to do with Apple locking down their phone in 2014 in a way that seemed to purposely shut out law enforcement. No rationale person would believe that Apple couldn’t have an operating system that allows only authorities to access the phone but is secure otherwise.
What you’re seeing may be a several year culmination of Apple being defiant and now they’re being pushed to “undo” they thwarting of data access for law enforcement.
If you really want to learn more about this issue, go read relevant case law and get evidentiary records. You might not be so smug about this after.
You don’t live in America? Might you clue us in as to where you do live? In America, we discuss and perhaps overly harp on issues we feel as individuals can adversely affect us and our fellow citizens. We don’r pretend to be experts but we have seen the awful results that have often resulted from “experts”. This is not about case law or any of the other bull that may be put out there. This a question of individual privacy and I won’t even say lawful privacy because just a few decades ago, the information you’d find on phones now about someones sexual preferences could have gotten them arrested and chemically castrated (ever hear of Alan Turing?). If you want to live in Stalinist Russia or Britain of a few decades ago, be my guest. But that is not the USA most of us want.
jimg:
Specifically describe how American citizens are adversely affected if the FBI wins. Also, specifically describe how this is a question of individual privacy.
as has been described elsewhere in detail if apple makes a hacker tool or if tech companies build backdoors the CRIMINAL HACKERS will get it.
(once precedent is set and tool developed, other judges can request it, defense lawyers can request it etc and it will leak)
Hackers will attack phones, and if backdoors legislated for other stuff as they want, PCs, Routers, Cabling, Messaging systems etc.
Hackers will invade privacy, steal personal info like details of family members which might result in crimes like blackmail and kidnapping, attack bank accounts, do i.d theft (would you like 50 clones of you with your credit cards, govt. id, driving license etc. Would you like somebody with your driving license smuggling drugs?), steal your business info, access your cameras including your house security cams , your electronic passkeys including that to your car (won’t it be fun if a kid makes your car misbehave on the highway? Wired magazine etc have already shown demos of this where remotely hackers can take over cars ) etc. etc.
Practically 100% of cyber security experts including the ex NSA/CIA director, the Sec. of Defense etc has warned about this.
Law enforcement (around the world) can not even deal with the level of cyber crime today like credit card scams (credit card companies had to invent STRONG ENCRYPTION via ‘chip’ cards etc to solve it) Their geniuses like ‘Dormant Cyber Pathogen’ DAs and “we mistakenly reset the password” FBI experts will be completely overwhelmed by the tsunami of cyber crime if backdoors implemented.
Just two years ago the New York police dept said they were overwhelmed by people stealing iPhones and wiping them, they blamed Apple for the spike in crime and asked for stronger encryption . Some victims were seriously hurt. The reduction of iPhone crime wasn’t solved by law enforcement but by Apple putting in greater security.
There we have it. Your argument is based on a HYPOTHETICAL.
There is NO evidence WHATSOEVER that complying with the court order at bar will result in significant increases in privacy breaches and threats to national security.
In fact, before 2014, law enforcement was able to get access. Where were you and everyone else running scared fear mongering?
You realize how absurd this argument is? I’ll show you all right now.
You all believe the FBI and government as so incompetent. Yet, they’ve been the ones who have hired computer hackers and engineers to build tools to get into the iPhone and other devices.
If they’re so wreckless and incompetent, why wouldn’t anyone want Apple to manage this process for them?
And if making these access packages is such a threat to everyone’s safety, why would these agencies do this?
All of you have been simply swept up in Apple’s marketing and PR manipulative BS.
Apple has every ability to make this happen with virtually no threats to anyone’s privacy and security. Where were you guys when that hacker wrote about breaking into OS X in 30 seconds? And how he said OS X was like an unlocked farm shed? Yet Apple marketed it as the world’s most secure operating system.
What about Apple marketing the latest iPhone as having the strongest glass in the world. And then people took that claim to court because it’s false. Then Apple took that marketing down.
You guys are hopelessly gullible.
And I suppose we should believe all of our safety with iTunes credit card files over a network is at risk?
Apple just wants you all to be afraid to protect its bottom line. Go back over the past 3 years and look at the nude celeb photos hacked from iPhones. That’s really what Apple is worried about: a loss of iPhone sales.
hypothetic?:
do your research on the Clipper Chip backdoor and how that panned out.
“Apple has every ability to make this happen with virtually no threats to anyone’s privacy and security”
Apple says it can’t and is willing to go to congress, Supreme court to argue it. You know more of their stuff than they do?
“Where were you guys when that hacker wrote about breaking into OS X in 30 seconds”
you seem to be arguing from BOTH SIDES of your mouth. you first said apple can make it secure than you say it can’t…
at least I’m consistent there’s a danger. If OSX is sooooooo vulnerable shouldn’t apple try it’s best to keep MORE hacker tools out from hacker’s hands?
ETC.
don’t need to spank you anymore, it’s a waste of time.
actually I have to add this:
40 plus tech companies including Google, Facebook, Microsoft and like I said a whole bunch of security experts back Apple on this… SO DSWE YOU KNOW MORE ABOUT CYBER THREATS (“hypothetical…. etc” ) THAN ALL OF THEM?
really?
Davewrite:
Wow, you mean private industry who may have their bottom line affected like Apple sides with Apple?
What an insight.
I pointed out OS X because it supports the point that Apple manipulates people through false marketing. AND, to show that nobody was fearful that such an insecure, easily hackable OS was a threat to our privacy and security.
I don’t want to spank you anymore, so I’ll stop.
Here are 10 non-hypothetical FBI failures. The FBI isn’t terrible, but they are in no way error proof. Nor are they the “experts” in technology or politics.
http://www.ranker.com/list/top-10-greatest-fbi-fails-of-all-time/autumn-spragg?var=4&utm_expid=16418821-179.L_j85cRBSIGuH4I7Qr719g.3&utm
Not to mention that dswe doesn’t have a clue about encryption and technology. I quote: “No rationale person would believe that Apple couldn’t have an operating system that allows only authorities to access the phone but is secure otherwise.”
Dude, perhaps you meant “No ignorant person …”, because your statement isn’t rational. Any person educated in technology and encryption would tell you that there is no way to give some people access to a back door and not give that same access to everyone.
You, sir, must be a Microsoft sufferer. Only people who grow up with Windows suffer from this illusion. (and we all know how “secure” /snark/ windows is)
This is an impossibility. Code doesn’t recognize good guys and bad guys, code is code. Without the physical computer processor – code by itself can’t think, it can’t react, it is only a bunch of instructions. If there is a backdoor, anyone with sufficient programming knowhow can crack it. Period.
Educate yourself about computers and programming. It is the future of the world and you can’t afford to be ignorant.
STFU.
Don’t like it? Don’t read it.
dwse is a long time troll, no need to respond to it!
Disband the FBI.
It’s clearly a threat rather than a realistic, carefully considered course of action.
The FBI underestimated Apple’s resolve when it comes to privacy. I have no doubt that if push came to shove, Apple would decide that the future is to move it’s development facilities out of America and possibly a lot more of it’s business too. There would be tax implications too.
It wouldn’t be easy to relocate, but there is no way that Apple could continue it’s iPhone business if the FBI were to sabotage it’s security in this manner.
The bottom line is that the US is no longer the biggest market for iPhones. If Apple had to abandon catering for the domestic market, it would still make a massive profit from selling to the rest of the world and many newly hardened and extra secure iPhones sold to the rest of the world would still find their way into America, which would defeat the whole point of the FBI taking this draconian action.
The American government would be seen to be driving it’s most profitable country away and would get nothing worthwhile in return.
The last line should have been “driving it’s most profitable company away”.
Or, “driving its most profitable company away”. “It’s” means “it is”.
Regarding the possibility of Apple relocating outside the U.S.: Even if they did, they would continue to sell iPhones in the U.S. and, therefore, still be liable for the kind of “requests” being currently demanded of them.
True, but the easy way to sidestep that problem is to set up “Apple USA” as a distribution company who buys the “black boxes” from “Apple International” and has no access to the source code or anything else of potential interest: when the FBI comes knocking, their response simply is “…sorry, but we don’t own those IP data rights, nor do we even have the technical people or capability to do what you ask…”
👍👍👍👍👍
Too bad Ireland is in the EU.
Great posts by the way, you wrote another one that I really enjoyed. It’s fantastic to see the calibre of writing on this topic. Talk about a crisis bringing people together.
Anyway tongue and cheek reply here is that the government would get something from driving its most profitable company away (a very distinct possibility that I’d go with if the Supremes do not see the sense of it) and that is power and control over the wee people.
No phone, no computerized device in that country would be allowed any encryption that could not be accessed. The dark holes zones were non governmental accessed encryption would be beyond the walled borders, a threat to national security. This would lead to war, which is something that government always wants, and has had for roughly 80% of its history.
Are you from North Yorkshire RW?
Not yet.
Love your take: “Is the U.S. government so stupid as to not realize that the end of it’s quixotic quest is not the end of Apple, but the end of the U.S. as we know it?”
-Haven’t you noticed that yet, I have since the second 9/11. It isn’t rock bottom yet but the course is clear unless the ways are changed.
Anyway I said it was going to get ugly and it is. It makes sense that the initials would have tried this out on some little guy first. They got a game plan, we are only seeing the tip of it. It’s dirty, nasty it isn’t going to follow any rules of conduct. The cross hairs are on Apple and its employees.
From a purely legal point of view, this alternative approach avoids the First and Thirteenth Amendment problems of compelling Apple to write software against its will. Because the taking of Apple’s property is pursuant to the police power, it also sidesteps the constitutional necessity of paying just compensation. The fair market value of either the code or the digital signature would easily go into the hundreds of billion dollars.
Nevertheless, I have trouble imagining any judge anywhere authorizing an uncompensated taking of this magnitude. It just goes far beyond the bounds of reasonableness. Where is the gain commensurate with the loss to Apple, considering how long it would take a new set of software engineers to read and understand the millions of lines of iOS code well enough to hack the security on the San Bernardino phone?
Apple can come to Canada.
Here in Vancouver we have the same climate as Seattle but be warned they would have to put up with lower taxes , universal health care , paternity/maternity leave for both parents up to a year for one , better schools , better skiing , gun laws that are strictly enforced so we have a much lower incarceration and crime rates but the real bummer is we have the most expensive real estate in the world .Be advised that we are actually discussing a minimum annual salary for citizenship and a national day care strategy for pre school age children and we just took in 25,000 Syrian refugees in the past 4 months without any jihad yet . Apple would be most welcome . Trump on the other hand you can keep -we are kind of British that way .
Would you like to keep Obama, as he’s the one responsible for this current mess.
If you are referring to the abrogation of the constitution He is partly responsible but one has to remember the colossal mess that he inherited from the previous administration .
Let’s not forget the new hire over at the nsa. I highly suspect the mindset of this kind of thinking aligns with the thinking of those who have no respect for apples side of this issue. For a highly influential creepster as Schmidthead to be in this new position kinda tells us where the govt. is going.
With a kneecapping of a solid company, like Apple inc.. Screwggle will have an unfettered climb to further growth, of which is slowing.
Also, am I the only one that feels the Apple bashing of these last few years is orchestrated by the Google+ hemodroids? Every Apple related article is inundated with hemodroids.
Screwggle has no ethics.
Interestingly Apple many not be able to provide the signing key if they have it protected in an HSM similar to the ones Apple uses for iMessages. I can’t think of another place they would keep something so valuable.
If apple is forced to unlock the iPhone they should release an update for all other iPhones that forces the boot loader to erase the memory on update if the phone isn’t unlocked…
That way the current theoretical method to unlock the phone wouldn’t even be valid…
This is the biggest case I’ve seen since that porn company tried to release 69/11.
This whole thread is now MOOT !! The FBI and the NSA have teamed up with the FISA court to take ALL tech companies AND you and me OUT OF THIS DECISION/INFLUENCE loop. Check it…
http://arstechnica.com/tech-policy/2016/03/secret-court-approves-classified-rule-change-on-how-fbi-can-use-nsa-data/
Let’s try something else….
Highly recommend everyone reads this link. Thank you for posting it.