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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

#261

Controversial question here. When someone is arrested, the police can get a subpoena to enter your house, right? There they can collect evidence regarding the case. Digital protections should exist, but should they exist beyond what is available in the physical world? If so, why? I think the wording of this is far too lenient and I understand the controversy of "if asked" vs "valid legal order", neither of which stri…

> When someone is arrested, the police can get a subpoena to enter your house, right?

That's a warrant. A subpoena is an order to appear in court.

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

#263
post #133
post #69

Earlier quoted context omitted.

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…

I really doubt those motives are "evil." They're in the business of selling and supporting an OS. Most people couldn't safeguard a 10-byte password on their own, they're not going to have a solution for saving their encryption key that keeps it safer than it'd be with Microsoft, and that goes for both criminals (or people otherwise facing law enforcement scrutiny) and normal grandmas who just want to not have all the…

Or use a MacBook, which somehow doesn't need to upload encryption keys Law Enforcement repeatedly failed to decrypt these here

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

#264
post #261

Controversial question here. When someone is arrested, the police can get a subpoena to enter your house, right? There they can collect evidence regarding the case. Digital protections should exist, but should they exist beyond what is available in the physical world? If so, why? I think the wording of this is far too lenient and I understand the controversy of "if asked" vs "valid legal order", neither of which stri…

> When someone is arrested, the police can get a subpoena to enter your house, right? That's a warrant. A subpoena is an order to appear in court.

And by the way ICE officers can still enter your house even if they don't have a warrant. Apparently.

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

#265
post #242
post #231

Earlier quoted context omitted.

People shouldn't entrust highly sensitive data to third parties who aren't highly motivated to protect it. That means different things in different situations, but if you're likely to be investigated by the FBI, don't give Microsoft the encryption keys to your laptop.

As many, many people have pointed out -- many people don't know that their drives are encrypted or know that these protections exist. You're also assuming that the FBI doesn't investigate just random people. "I'm not doing anything bad, why should I worry?" You're making a lot of assumptions about how people use their computers, their understanding of their own devices, and the banality of building argumentation arou…

I am not assuming the FBI doesn't investigate random people. I am, however assuming that the FBI does not randomly seize computers and obtain court orders demanding encryption keys for them from Microsoft. Unless Microsoft is lying, that happens about 20 times a year.

One of the privacy protections is simply that it's a lot of work to go through that process. The FBI wouldn't have the resources to do it to everyone it's merely curious about even if it had the authority, which it doesn't because warrants require probable cause.

I believe that it's generally acceptable that when law enforcement has probable cause for a search warrant, third parties grant them what access they reasonably can. I also believe people who actually want to protect their privacy and security should learn fundamentals like whoever has the key can unlock it and if nobody has the key, it's gone forever. If I was building a consumer product, I'd have to care quite a bit about the fact that many people won't do that, but I'm not so I don't.

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

#266

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…

Microsoft killed local accounts in Windows 11 and made this the default path by users: Your private encryption keys are sent to Microsoft in a way that requires no other keys. This is a failure and doesn't happen on systems like LUKS. I understand Microsoft wants to be able to look nice and unlock disks when people forget their passwords, but doing so allows anyone to exploit this. Windows systems and data are more vulnerable because of this tradeoff they made.

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

#267
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…

> Microsoft is legally entitled to refuse a request from law enforcement, and subject to criminal penalties if it refuses a valid legal order.

This is a problem, because Microsoft operates in a lot of jurisdictions, but one of them always wants to be the exception and claims that it has jurisdiction over all the others. Not that I personally am of the opinion, that it is wise for the other jurisdiction to trust Microsoft, but if MS wants to secure operating in the other jurisdiction it needs to separate itself from that outsider.

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

#268
post #11

Earlier quoted context omitted.

That's a reductionist view. Apple, at least, based a big portion of their image on privacy and encryption. If a company does that and is then proven otherwise, it does a tremendous damage to the brand and stock value and is something shareholders would absolutely sue the board and CEO for. Things like these happened many times in the past. This isn't that simple.

Nobody today cares about their encryption, their main sales pich now is convenience and luxury. They still need to comply with law which they do. In US or China. Nothing reductionist about stating a fact.

And I agree with that, too. This whole discussion made me realize they pivoted their PR. They probably had to because everyone wants the AI and there's no AI with privacy, at least not with the current processing power of portable devices.

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

#269

Earlier quoted context omitted.

> 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 . This is an odd thing to split hairs over IMO. Warrants or subpoenas or just asking nicely, whatever bar you want to set, is a secondary concern. The main issue is they can and will hand the keys to LEO’s at all.

If you don’t like the behavior of a company voluntarily doing something, your problem is with that company. If you don’t like a company complying with the law, your problem is with the law. It is unreasonable to expect anyone or any company to break the law or violate a court order to protect you. If you don’t trust the institutions issuing those court orders, that is an entirely reasonable stance but it should be ad…

The ideal is that they have no ability to comply or not comply: they shouldn't have the keys to begin with.

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

#270
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…

The Bernardino incident is a very different issue where Apple refused to use its own private key to sign a tool that would have unlocked any iPhone. There is absolutely no comparison between Apple's and MS conduct here because the architectures of the respective systems are so different (but of course, that's a choice each company made). Should Apple find itself with a comparable decryption key in its possession, it…

> Apple refused to use its own private key to sign a tool that would have unlocked any iPhone.

This is a misrepresentation of what actually happened: the FBI even argued that they would accept a tool locked to the specific device in question so as to alleviate this concern.

This is still forced labor/creative work/engineering work/speech and not okay, but it was not a "master key."

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