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"
It'll be easy enough to infer which it is later because if they have actually got data out of the phone then they'll amend the complaint against the co-conspirator(s) with the newly available information.
U.S. Drops California Case Against Apple After Accessing iPhone
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Re: U.S. Drops California Case Against Apple After Accessing iPhone
#132FBI director Comey's "Going Dark" narrative no longer holds water with anyone who's paying attention. He cried wolf so loud he's been heard on every continent. If and when he tries this again, he'll get a ton more blowback.
Similarly, Obama's jibes about security "absolutism" now appear ridiculous. As are his criticism of impenetrable black boxes protecting child molesters. What he really wants is for the Emmental-like extensions of our brains to have even more holes. That's an obviously un-winnable argument.
Also, the bar for proving you've tried all possible alternatives for gaining access just got a lot higher in applying the All Writs Act. It took three months plus a month of major international news stories specifically about this court case to gain entry — something that might really be impossible to achieve next time. But now everyone knows when they swore under oath many times in multiple public venues that they couldn't gain access, what they really meant was "not yet" and not "it's impossible".
Finally, Apple should now be motivated to remove themselves as the weak link in their security ecosystem. System updates shouldn't be possible without first wiping the information needed to derive the encryption key or first supplying that key. I can also dream about them open sourcing their code to allow security researchers to bug hunt (an impossible dream). And maybe they'll change their minds on bug bounties. Whatever happens, it's now beyond doubt that foreign entities are exploiting vulnerabilities in the iPhone and we all expect Apple to beef up their security accordingly — regardless of how this may hinder law enforcement.
Re: U.S. Drops California Case Against Apple After Accessing iPhone
#133I wish Apple would be able to recoup their legal costs from the DoJ -- the government shouldn't be allowed to force a company to spend money on defending their rights (using our "unlimited" tax dollars to do so), only to drop the case at the last minute making the entire case moot. Apple should be able to recover their legal costs.
While I agree, the counterargument will likely be that all of Apple's lawyers are on salary and as such Apple's legal costs would be no different with or without the court proceedings.
Re: U.S. Drops California Case Against Apple After Accessing iPhone
#134Earlier quoted context omitted.
The US isn't based on majority rule. No one wants that.
No, but I think Americans want a semblance of representation. When The People have close to 0% sway in Congress' opinions on bills, and corporations have like 70%, I'd say that's a pretty big freaking deal, no? https://www.youtube.com/watch?v=5tu32CCA_Ig Every time there's an argument about wanting more democracy in the US, it seems someone always appears to say "but that's mob rule!". No, nobody wants mob rule. But…
There's plenty of time to undo the actions of the past 10, 20, even 30 years.
If you sit back on your heels, throw your arms up in the air, don't vote and say nothing, then you won't be participating in democracy. But if you do use your voice and vote then at least you can say you tried. Everything won't always go your way and we don't have a perfect system. But given our diverse population it is a pretty good one. I say that while in full agreement that there are a lot of laws that need to be reversed or undone.
You'll never entirely remove money from politics. And, we should keep trying to remove it even though we know we won't end up with a perfect solution. That said, lobbyists aren't inherently evil and many share our viewpoints (for example, the EFF)
Re: U.S. Drops California Case Against Apple After Accessing iPhone
#135Earlier quoted context omitted.
The US isn't based on majority rule. No one wants that.
Exactly -- because the US isn't a democracy (majority rule), it's a democratic republic.
Re: U.S. Drops California Case Against Apple After Accessing iPhone
#136Re: U.S. Drops California Case Against Apple After Accessing iPhone
#137Earlier quoted context omitted.
Snowden had the element of surprise. They weren't actively trying to monitor his comms because they didn't know he was a risk until after the leaks. If the state wants to decrypt your messages badly enough, they have resources that they can devote to that (as well as multiple side channels that are probably easier than forcibly decrypting, including the infamous "beat with a wrench" trick). It's not trivial to defeat…
Is there any evidence that any actor in the world is (in general) capable of figuring out the contents of e.g. an AES-encrypted message with the key unknown, assuming good opsec and a good implementation? I agree with your statement that state-level actors have strong capabilities, but this seems like a blanket statement which is likely untrue.
Re: U.S. Drops California Case Against Apple After Accessing iPhone
#138Earlier quoted context omitted.
One of the reasons that courts do not allow cases to continue when a party loses interest in the dispute (for whatever reason) is that the court can no longer trust that party to continue making a forceful case. You can end up with situations where the party refuses to spend money on making good arguments and finding evidence, then make very bad precedent because of it.
I lost interest in a speeding ticket case.... guess what happened ?
Re: U.S. Drops California Case Against Apple After Accessing iPhone
#139Earlier quoted context omitted.
The US isn't based on majority rule. No one wants that.
No, but I think Americans want a semblance of representation. When The People have close to 0% sway in Congress' opinions on bills, and corporations have like 70%, I'd say that's a pretty big freaking deal, no? https://www.youtube.com/watch?v=5tu32CCA_Ig Every time there's an argument about wanting more democracy in the US, it seems someone always appears to say "but that's mob rule!". No, nobody wants mob rule. But…
Predictably, the argument devolves into one about direct democracy vs. representative democracy, and that's really not the issue at all.
The issue is that the current system consistently acts contrary to the will of the people.
To quote the Princeton study from your video:
The preferences of the average American appear to have only a
minuscule, near-zero, statistically non-significant impact upon
public policy.Re: U.S. Drops California Case Against Apple After Accessing iPhone
#140I'm seeing a lot of comments to the effect that the government will just try again at some point. Well, welcome to life in a democracy. Nothing is ever settled with finality because there are plenty of ways for future generations to change the laws we cherish today--for good or ill. We could revoke the 13th and 14th Amendments and have slavery again--there is no legal impediment to that. That we don't do that is a re…
Well, welcome to life in a democracy. Nothing is ever settled with finality because there are plenty of ways for future generations to change the laws we cherish today--for good or ill. Some thing seem to be permanent. High priority lobbying goals for big corporations. (Examples: Disney & copyright extensions. Corn & corn subsidies. Car dealerships.)