New York Bill Would Force Apple and Other Manufacturers to Decrypt Smartphones

[MacRumors]

A bill that is working its way through the New York state assembly would require Apple and other smartphone manufacturers and mobile operating system providers to decrypt and unlock devices to aid law enforcement. The bill was first spotted by On The Wire (via The Next Web).

Any smartphone sold or leased in New York after January 1, 2016 would have to be capable of being decrypted or unlocked by its manufacturer or OS provider. If manufacturers or OS providers do not comply, they would be subject to a fine of $2,500 per device.

Assemblyman Matthew Titone introduced the bill last summer and referred it to committee on January 6. In his notes accompanying the bill, Titone justified the decryption of smartphone security by citing the safety of citizens.

"The safety of the citizenry calls for a legislative solution, and a solution is easily at hand. Enacting this bill would penalize those who would sell smart- phones that are beyond the reach of law enforcement," the notes on the bill say.

"The fact is that, although the new software may enhance privacy for some users, it severely hampers law enforcement's ability to aid victims. All of the evidence contained in smartphones and similar devices will be lost to law enforcement, so long as the criminals take the precaution of protecting their devices with passcodes. Of course they will do so. Simply stated, passcode-protected devices render lawful court orders meaningless and encourage criminals to act with impunity."

The next steps for the bill would be for it to move to the floor and then be voted on in both the assembly and senate.

Tim Cook and Apple have consistently spoken out against putting backdoors in encryption technology, arguing that allowing a backdoor for "good guys" also allows "bad guys" to use it for more nefarious means. Last month, Apple criticized the proposed Investigatory Powers bill in the UK, which tracks users' website history and adds backdoors into encryption. Last week, Cook lambasted White House officials on their encryption policy, asking them to adopt a "no backdoors" approach.

Note: Due to the political nature of the discussion regarding this topic, the discussion thread is located in our Politics, Religion, Social Issues forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Article Link: New York Bill Would Force Apple and Other Manufacturers to Decrypt Smartphones

 

[sputnikv]

these politicians are out of their minds

 

[Jeremy1026]

If this passes, its bad news for our right to privacy nationwide. As soon as the first domino falls it won't be long for the other 50 (49 states and Federal) to follow.

 

[Frazzle]

Criminals already act with impunity, and given the level of public officials like these, who can blame them.

 

[ejfontenot]

will Tim stand up to his pledge for user privacy and stop selling iPhones in NY? #notbloodylikely

Profits trump pledges

 

[Pakaku]

If this passed, criminals would just find other stuff to use that are still encrypted. Maybe even better-encrypted than Apple's stuff.

 

[gavroche]

i remember when i was young, and admired politicians...

 

[garirry]

**** this goddamn country with its barbaric surveillance laws. This is the United States, not Saudi Arabia god dammit.

 

[FrankieTDouglas]

Anyone who advocates for further government overreach can go **** themselves.

 

[gavroche]

will Tim stand up to his pledge for user privacy and stop selling iPhones in NY? #notbloodylikely

Profits trump pledges

Sadly, I have to agree with you. Would be amazing to see though... if they flat stopped selling them in NY. And i would bet that sales would not be impacted that much.... because the people that buy them would just cross a border and buy one elsewhere.

 

[Dubberton]

I happily forfeit whatever lack of safety comes from not living in some horrible surveillance state. Yeah freedom comes with a risk - that's fine.

 

[Black Belt]

Assemblyman Matthew Titone needs to go **** himself. I hate arrogant, corrupt ***** politicians like him. They are destroying our country. You want to get into a criminal's encrypted phone? Waterboard the ****er, I don't care. But don't punish the rest of us for what criminals do. That makes you a moron.

 

[centauratlas]

To be clear, Democrat Rep Titone...

 

[furi0usbee]

Don't they know they are only pushing me and others like me TO encryption? If Apple really has no backdoor, then NY's only recourse is to ban Apple products in the state. Can't make Apple do something that technically is not possible. I use FileVault 2, but DO NOT let Apple store my key. I DO NOT keep a copy of my key. My password is in my head.

Also, if/when I get a an iPhone in the future (still have the 5), I will NEVER use the fingerprint reader, as you can be legally compelled to offer your prints, whereas you cannot be compelled to offer a password. I don't use my stuff for anything illegal, but that's nobody's business. I go out of my way now to setup encryption.

Thanks government!

 

[tunerX]

Why is this not a good thing? The government is all wise, your privacy and private earnings should be available to them whenever they choose.

 

[budselectjr]

I don't see Apple cracking on this issue. Stopping sales to the State of New York if this ever passed wouldn't be out of the question.

 

[balconycollapse]

If this passes, its bad news for our right to privacy nationwide. As soon as the first domino falls it won't be long for the other 50 (49 states and Federal) to follow.

They could just order one from New Jersey by mail?

 

[JimmyHook]

I hope they pay the fine and tell NY to go eff themselves. Better yet, close every Apple Store in Ny and tell the employees why they lost their jobs and who to blame.

 

[jimbobb24]

On the one hand there are situations where it would be really useful but if they can get in- the criminals can get in. Not sure worth compromising encryption for the rare cases it is necessary.

 

[oneMadRssn]

Seems unconstitutional. Dormant Commerce Clause. At first impression, I would argue this law would substantially burden interstate commerce, which is exclusively for congress to regulate, and thus states cannot do it.

 

[dyt1983]

Sadly, I have to agree with you. Would be amazing to see though... if they flat stopped selling them in NY. And i would bet that sales would not be impacted that much.... because the people that buy them would just cross a border and buy one elsewhere.

A lot of downstate New Yorkers already buy a lot of higher-end clothing in New Jersey because of the sales tax (well, lack of it).

 

[Nunyabinez]

Let's see, wasn't it the NY Attorney General that asked Apple to do something about the thefts of iPhones? And wasn't the response creating a system where the phone was useless to anyone but it's owner? And now they don't like the way Apple solved their problem? They can definitely take a long walk off a short pier. No way is Apple going to cave on this on.

 

[mariusignorello]

Don't they know they are only pushing me and others like me TO encryption? If Apple really has no backdoor, then NY's only recourse is to ban Apple products in the state. Can't make Apple do something that technically is not possible. I use FileVault 2, but DO NOT let Apple store my key. I DO NOT keep a copy of my key. My password is in my head.

Also, if/when I get a an iPhone in the future (still have the 5), I will NEVER use the fingerprint reader, as you can be legally compelled to offer your prints, whereas you cannot be compelled to offer a password. I don't use my stuff for anything illegal, but that's nobody's business. I go out of my way now to setup encryption.

Thanks government!

Here's a tip - if law enforcement forces you to use Touch ID, restart the phone. A passcode will be required after a restart and fingerprints won't be accepted.

 

[Goatllama]

"Apple Adds Clause to User Agreement that Endorses Jailbreaking in NY State"

 

[Solomani]

If this passes, its bad news for ….

If it passes, it's because New Yorkers allowed it to pass. It's time for NY residents to start writing their State politicians.