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U.S. Drops California Case Against Apple After Accessing iPhone

bloomberg.com

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Re: U.S. Drops California Case Against Apple After Accessing iPhone

#11

Post by chii »

I feel like cases shouldn't be droppable unless both parties mutually agree, and the courts also must first agree.the courts should not agree if it's a case that could set a precedent that can have far reaching implications.

What if next time, a smaller player than Apple was caught in this sort of case, and they can't fight back as easily? Then it'd be easier to setup a precedent favourable to one party. This seems like a way to legally manipulate the common laws, and I think courts should put in place measures to prevent such manipulation.

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#12

Post by mtgx »

sremani wrote: post #5
matt_wulfeck wrote: post #3

You could say they dropped it because they accessed the phone. You might also say they dropped it because going to court and losing would greatly narrow the scope of the All Writs act. Then the "maybe illegal" spying coersion becomes "actually illegal"

You can also say, your IPhone is not as secure as Apple claims and state actors can break it.

Is there anything state actors can't break into? There will always be vulnerabilities to fix. Apple's and other companies' hope is not to fall too many steps behind the state actors.

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#13

Post by bradhe »

This claim seems dubious at best. There's no proof that they got access, and it's in their best interest to claim they did. On one hand, I'm not totally sure we should assume that they're not capable of gaining access to iPhones willy-nilly. On the other hand, I'm re-evaluating my security posture...

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#14

Post by mtgx »

matt_wulfeck wrote: post #3

You could say they dropped it because they accessed the phone. You might also say they dropped it because going to court and losing would greatly narrow the scope of the All Writs act. Then the "maybe illegal" spying coersion becomes "actually illegal"

I would hope the media follows up with "so what did you find out from it?" and don't just leave it to "trust us, we unlocked it".

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#15

Post by downandout »

I would treat this claim with a great deal of skepticism. However, this is by far the smartest play for the government. Had they gone to court and lost (probably after an appeal), they would have set a precedent that would be very problematic for them going forward. By claiming this, falsely or otherwise, they hurt Apple's security reputation (most consumers will not understand or care that this happens to be an old iPhone with an old version of iOS - they will just hear or read that an iPhone was cracked), and they avoided a potentially problematic legal outcome.

The DOJ came out on top here, whether they are lying or not.

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#16

Post by mikestew »

jamescun wrote: post #8

This is possibly the worst outcome. The tide of public opinion was turning towards Apple and privacy, and away from the FBI; for it to enter the court under this pretence there was a strong argument to be made against the latter. With this announcement, for the many, this matter will now be "resolved". When it inevitably rears its ugly head again, the same pretence may no longer be true.

There are a huge number of side effects that would have to be dealt with, but this case has made me think that Apple should have the option to say, "changed your mind? Nooo, that ship (which you, the FBI, built and christened) has sailed, buddy, and you're on board. This is going before a judge, like it or not, and we're doing it now."

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#17

Post by lallysingh »

mtgx wrote: post #12
sremani wrote: post #5

Earlier quoted context omitted.

You can also say, your IPhone is not as secure as Apple claims and state actors can break it.

Is there anything state actors can't break into? There will always be vulnerabilities to fix. Apple's and other companies' hope is not to fall too many steps behind the state actors.

PGP worked well enough for Snowden, right?

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#19

Post by scarmig »

This is a legally naive question, but how does this not run afoul of the Computer Fraud and Abuse Act?

Particularly, how isn't this some violation of section a2 ("intentionally accesses a computer without authorization or exceeds authorized access," the same thing that got Aaron Swartz indicted)? Is it basically, since the feds had a warrant, they can do whatever they want? (And if they don't have a warrant, is it still legal?)

Re: U.S. Drops California Case Against Apple After Accessing iPhone

#20

Post by fooey »

mtgx wrote: post #14
matt_wulfeck wrote: post #3

You could say they dropped it because they accessed the phone. You might also say they dropped it because going to court and losing would greatly narrow the scope of the All Writs act. Then the "maybe illegal" spying coersion becomes "actually illegal"

I would hope the media follows up with "so what did you find out from it?" and don't just leave it to "trust us, we unlocked it".

They'll just say "can't comment on an active investigation" if they don't find anything to make the whole thing seem worthwhile.
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