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Microsoft will give the FBI a Windows PC data encryption key if ordered

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Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#171
The headline is slightly misleading. Microsoft can only provide the key if you are using a Microsoft Account which automatically escrows the BitLocker recovery key to OneDrive.

If you use a Local Account (which requires bypassing the OOBE internet check during setup) or explicitly disable key backup, the key never leaves the TPM. The issue isn't the encryption algorithm its the convenience selection.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#172
post #126

Earlier quoted context omitted.

This make little to no sense. This is being reported on because it seems newsworthy and a departure from the norm. Apple also categorically says they refuse such requests. It's a private device. With private data. Device and data owned by the owner. Using sleight of hand and words to coax a password into a shared cloud and beyond just seems to indicate the cloud is someone else's computer, and you are putting the key…

Firstly, Apple does not refuse such requests. In fact, it was very widely publicized in the past couple of weeks that Apple has removed Advanced Data Protection for users in the UK. So while US users still enjoy Advanced Data Protection from Apple, UK users do not. It is entirely possible that Apple's Advanced Data Protection feature is removed legally by the US as well, if the regime decides they want to target it.…

You seem to be forgetting the time the Obama administration asked Apple to unlock a suspect’s iPhone and Apple refused.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#174
post #140

The headline is misleading. It says that Microsoft will provide the key if asked , but the linked statement to Forbes says Microsoft will provide the key if it receives a valid legal order . These have different meanings. Microsoft is legally entitled to refuse a request from law enforcement, and subject to criminal penalties if it refuses a valid legal order. It does illustrate a significant vulnerability in that Mi…

Crucially, the headline says Microsoft will provide the key if asked by the FBI, which implies a state entity with legal power that extends beyond a typical person's assumptions of "rule of law" and "due process," let alone ethics.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#176
If you are not typing in a passphrase or plugging in a device containing a key to unlock your disk then the secret exists somewhere else. Chances are that secret is available to others. The root issue here is that the user is not being made clearly aware of where the secret is stored and what third party(s) have access to it or reasonably might be able to get access to it.

These sorts of things should be very unsurprising to the people who depend on them...

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#177
post #149
post #140

The headline is misleading. It says that Microsoft will provide the key if asked , but the linked statement to Forbes says Microsoft will provide the key if it receives a valid legal order . These have different meanings. Microsoft is legally entitled to refuse a request from law enforcement, and subject to criminal penalties if it refuses a valid legal order. It does illustrate a significant vulnerability in that Mi…

Is it meaningfully misleading? How often is this an obstacle for the FBI?

I would guess that the FBI never asks Microsoft for encryption keys without a valid legal order because it knows Microsoft will demand one, and because the FBI rarely has possession of suspect devices without a warrant to search for them and obtain their contents.

It could be a bigger obstacle for other agencies. CBP can hold a device carried by someone crossing the border without judicial oversight. ICE is in the midst of a hiring surge and from what I've read lately, has an abbreviated screening and training process likely not matching the rigor of the FBI. Local law enforcement agencies vary greatly.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#179
post #69

Earlier quoted context omitted.

That's a crypto architecture design choice, MS opted for the user-friendly key escrow option instead of the more secure strong local key - that requires a competent user setting a strong password and saving recovery codes, understanding the disastrous implication of a key loss etc. Given the abilities of the median MS client, the better choice is not obvious at all, while "protecting from a nation-state adversary" wa…

While you're right, they also went out of their way to prevent competent users from using local accounts and/or not upload their BitLocker keys. I could understand if the default is an online account + automatic key upload, but only if you add an opt-out option to it. It might not even be visible by default, like, idk, hide it somewhere so that you can be sure that the median MS user won't see it and won't think abou…

It's a few clicks to choose to re-key and not have the key saved to your Microsoft account.

Re: Microsoft will give the FBI a Windows PC data encryption key if ordered

#180

Beyond the crypto architecture debate, I don't really understand how could anyone imagine a world where MS could just refuse such a request. How exactly would we draft laws to this effect, "the authorities can subpoena for any piece of evidence, except when complying to such a request might break the contractual obligations of a third party towards the suspect"? Do we really, really, fully understand the implications…

> don't really understand how could anyone imagine a world where MS could just refuse such a request By simply not having the ability to do so. Of course Microsoft should comply with the law, expecting anything else is ridiculous. But they themselves made sure that they had the ability to produce the requested information.

Right, Microsoft have the ability to recover the key, because average people lose their encryption keys and will blame Microsoft if they can't unlock their computer and gain access to their files. BitLocker protects you from someone stealing your computer to gain access to your files, that's it. It's no good in a corporate setting or if you're worried about governments spying on you.

I'm honestly not entirely convinced that disk encryption be enabled by default. How much of a problem was stolen personal laptops really? Corporate machine, sure, but leave the master key with the IT department.

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