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Justice Department Wants Apple to Unlock Nine More iPhones

nytimes.com

41–50 of 314 posts

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#41
I think it's important to dispel this fiction that Apple will be "unlocking" anything.

To use the word "unlock" seriously blurs the lines of what's going on here. They're merely asked to flash it with software that removes a delay in submitting passcodes and removes the wiping function after ten failures.

That's not unlocking it.

If Apple complies with the order, the FBI will still be getting an encrypted iPhone back, and they'll still have to sit around and try to decrypt it.

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#43

Apple does have a point. I probably won't own a device with a known vulnerability even if it was at the behest of the government.

Do you own a home?

Do you own a car?

The executive branch can obtain warrants from the judicial branch to "exploit vulnerabilities" and gain access to these "devices".

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#44
post #22

Question which I can't get out of my head: It would stand to reason that the ruling on this case would affect other commercial phone and/or OS manufacturers, but how would it reflect on some OSS projects, where the coders are not necessarily employees of the project?

We are talking about physical phones produced by Apple, to which law enforcement has physical access. From my understanding this is more about Apple as a hardware manufacturer, who just happens to also produce the software for the same phone.

I fail to relate the scenario we have now to software project (though no doubt the FBI will try to).

With hardware you typically have a clear manufacturer. However things might get interesting if more people make their own hardware using open-source designs.

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#45
I know this is going to sound crazy, but there are parallels here between Apple vs. the FBI, and Superman vs. Batman.

Superman represents an unchecked power, and Batman finds this unchecked power to be unacceptable as a risk, in case the power is ever used against humanity.

Is this a subtle marketing ploy from DC Comics‽

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#46
post #39
post #37

Earlier quoted context omitted.

One can ask the other way. If they weren't obligated to help before, when the FBI had access, why would they be obligated now?

Because before the FBI didn't need their assistance, and now they do.

So if the FBI drops a confiscated laptop and the hard drive breaks, can they compel Seagate to recover data from the drive?

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#47

> The judge has indicated skepticism over the government’s demands. Initially, Apple agreed to a formal order to help the Justice Department gain access to Mr. Feng’s phone, but Judge Orenstein balked, questioning whether the All Writs Act could be used that way. He invited Apple’s lawyers to raise objections. This is curious, because I was under the impression (due to the lawyers on HN) that this is basically an ope…

"The Government" is just a collection of people, and the judicial branch (this judge) is especially distinct from the executive branch (the FBI).

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#48

> The judge has indicated skepticism over the government’s demands. Initially, Apple agreed to a formal order to help the Justice Department gain access to Mr. Feng’s phone, but Judge Orenstein balked, questioning whether the All Writs Act could be used that way. He invited Apple’s lawyers to raise objections. This is curious, because I was under the impression (due to the lawyers on HN) that this is basically an ope…

It's tricky. The All Writs Act clearly must have some boundaries as to reasonableness and the due process of the defendant.

What Apple is being asked to do here isn't simply to unlock a phone. They're being asked to use their engineers, money, and expertise to build a tool to defeat the very encryption they developed.

It's not clear the All Writs Act enables the government to simply order a search warrant recipient to create new technology for them.

Re: Justice Department Wants Apple to Unlock Nine More iPhones

#49

I think it's important to dispel this fiction that Apple will be "unlocking" anything. To use the word "unlock" seriously blurs the lines of what's going on here. They're merely asked to flash it with software that removes a delay in submitting passcodes and removes the wiping function after ten failures. That's not unlocking it. If Apple complies with the order, the FBI will still be getting an encrypted iPhone back…

If the new software they are to write also tried 10000 pass codes, would that count?
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