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How many people are affected by identity theft each year?

How many people are affected by terrorism each year?

Especially when we restrict our count to people in first world countries who are more likely to have Apple products, I think the comparison would provide a clear result.

It's nice to see our governments have the right idea, keeping us safe from "the terrorists" by making us more vulnerable to hackers. </sarcasm>
 
Analogies almost always miss important aspects and almost universally fall short.

Apple is not making the equivalent of a closet that can't be opened. It's a closet that can't be opened by the manufacturer. It certainly can be opened by the owner who has the key.

If there is probable cause to open anything I have, then present me with the warrant and allow me to choose if I want to incriminate myself by opening it or suffer the consequences of not opening it.

No where is the government promised that they can have anything they want even when there is compelling reasons for their desiring it.
 
The rules the Director believes the Bureau should follow flies in the face of those same rules that the FBI and other branches of the government have violated time and time again.

He wouldn't have this problem now if this hadn't been the case in recent times.
 
Above the law? What's above the law about protecting your privacy? The only people that think they're above the law are government employees who think their enemy is the people they are supposed to serve.

I for one am proud that Apple is taking such a strong stand against the government's attempts to turn the nation into an Orwellian police state.
 
Comey doesn't get it.

If he supports the 4th Amendment (like he says he does), then he needs to get a warrant and serve it to the suspect, to have their device unlocked. Apple is not the suspect in any investigation like he describes.

It sounds like he is complaining because the usual circumventions they had to get around the 4th Amendment are no longer available.. as it should be.

BL.

What he's asking for is that Apple, or Google, or whoever, keep your keys in a way they can decrypt them if they get a lawful order from a judge. Which means, a back door. Which means, it's wide open to abuse, whatever the FBI does. Hackers, either thieves or political tricksters, will know there's a backdoor and be able to find a way to get in without a warrant. It's like Touch ID without the "secure enclave". Worthless.
 
No, it's really not the issue because there are other ways of getting evidence than off a phone! If all the evidence they have of a crime is on a phone and nowhere else then they have a flimsy case to begin with and are most likely just fishing for evidence, and that IS against the law in most civilized countries!

Apparently you don't understand what probable cause or a search warrant are.
Both are used to ***obtain*** evidence in compliance with constitutional restrictions.
 
To be clear

I am for the ability of law enforcement to be able to search your smart phone if they can prove a reasonable suspicion to a judge. The problem is, since the furore in the '90s about encryption and the Clipper chip, I don't think anyone has come up with a way to give people complete security AND to allow a legal search with a warrant without compromising the security of all.
 
They brought this on themselves... There has always been an argument about whether power should be granted to the government for security reasons and the government should be trusted to use proper restraint, or whether we should risk less security because such power would be abused. "Self regulation" has predictably failed under two administrations. Business has suffered because they're seen as the enablers and they're trying hard to distance themselves from the problem.
 
Meaning?

They upheld the requirement of having a search warrant to search a phone.


No one here, that I've read, is against a valid search warrant.

Any number are claiming it's a "privacy" issue. Any number are claiming that law enforcement access to personal data is inherently a violation of the Fifth Amendment.

----------

Your reply had nothing to do with that poster's argument btw.

The first sentence of my reply stated that I did not understand the poster's argument.
 
Are you against such searches even when a warrant has been obtained?

Yes, in fact, I am. I am against any police agency dictating that a company's technology is a bad thing based on the chance that they might someday want to search my phone. Especially when the government has been so blatantly targeting citizens for surveillance with no probable cause.

So again, I ask: Is it legitimate for the FBI to be concerned that I have a shredder or an incinerator?
 
Yes, but now they will not be able to act on that warrant.

Thank you for getting it. We seem to be in a minority.

----------

Excuse me? What facts have I ignored? If you're not totally incensed by this moron's (or worse) statements you're not paying attention.

I pointed out the ignored facts quite clearly. What I did not reckon with apparently was that only one view is valid: yours. Thank you for identifying the error of my ways.
 
if they cannot get the proof they need to serve as guilty someone for some crime without what is on that person's phone then they likely don't have a case anyway. learn to do your job without peoples phone data. pretty sure Sherlock Holmes never needed a phone warrant to prove his case beyond reasonable doubt.
 
A backdoor is basically an open window in your house that must be opened at all the time and cannot be locked. I have the right to keep my windows locked at times. If a police has a search warrant, I can open the door to let them in (give up my password) or I can refuse entry and they can break down my doors (brute force attacks).

And what happens if they do get a warrant and the suspect refuses to unlock their device? That is the issue.

If the police have a warrant to search my house, they have a variety of means to gain entry if I do not unlock the door.

Hell, if I own a safe and the government has a warrant, safe manufacturers will assist in opening the safe.

Simple, the suspect will be held in contempt of the court and placed in jail until he chooses to give the key to the law enforcement. That is how the law works with warrant and that's how it should be.

The ENTIRE country should not be exposed to backdoors because a few suspects won't give up their keys. The security of each person in the country must be protected at all costs against everybody, including unlawful government access, criminals, and foreign governmental agencies.

The problem is that encryption relies on a total trust system. If there is a weakness in it, it makes everybody vulnerable.

You don't understand what a warrant is for. A warrant lets the police rummage through your things without your permission. If you had permission from the owner, you wouldn't need a warrant. Getting information from Apple is like the super letting the police in with a key.

A warrant allows the police to conduct a lawful search with permissions from the court if the court find the police has probable cause (among a few other things).

The warrant can also mandate the suspect to give up his passwords or risk going to jail.

If the suspect doesn't, he can be in jail indefinitely.

That's the way it should be working.

It is NOT a justification to risk the entire world's security for the sake of a few bad apples who wouldn't give up their passwords. Encryption relies on the whole thing to be secured from the ground up and if you have one weakness spot, that'll be exploited by criminals, not just lawful police enforcement.

You start compromising your security to make the government's job easier, you no longer deserve any security nor privacy.

What if they do come with a warrent for him to unlock his phone. If he has incriminating content on there, does he have the right to not unlock it since it would be like self-incrimination (the 5th amendment). The government would have the right to take the phone, even hack into it, if they can, but do they have the right to have you unlock it for them if it will self-incriminate the individual?

At this moment, the court has not decided what this is. Some district courts say yes, some say no. It'll take the supreme court to decide this.


Apparently you don't understand what probable cause or a search warrant are.
Both are used to ***obtain*** evidence in compliance with constitutional restrictions.

That isn't the problem, though. The problem is that encryption requires both end to be secured in order to work as intended. You start violating this for the sake of making it easy for law enforcement to get the data they need with legal search warrant, you'll make it easy for criminals to do the same.

Unfortunately, while I understand the situation the law enforcement is in, I cannot abide them mandating backdoors in any encryption standards that I use to encrypt my data to protect it from everybody. The moment a backdoor exists, all my data is exposed to everybody, not just lawful enforcement.
 
Fawk that. Using shock crimes as a means to monitor the populace that elected the officials for governance not spying on us. I have nothing to hide, but that's my business not theirs.
 
Comey doesn't get it.

If he supports the 4th Amendment (like he says he does), then he needs to get a warrant and serve it to the suspect, to have their device unlocked. Apple is not the suspect in any investigation like he describes.

It sounds like he is complaining because the usual circumventions they had to get around the 4th Amendment are no longer available.. as it should be.

BL.

Exactly this. I wish I could upvote this twice.
 
What he's asking for is that Apple, or Google, or whoever, keep your keys in a way they can decrypt them if they get a lawful order from a judge. Which means, a back door. Which means, it's wide open to abuse, whatever the FBI does. Hackers, either thieves or political tricksters, will know there's a backdoor and be able to find a way to get in without a warrant. It's like Touch ID without the "secure enclave". Worthless.

And Apple is saying, "We don't have those keys, and never will have those keys. Get a warrant to have the suspect unlock their phone for you."

I noted in this thread here the dangers of how the government can get around the 4th Amendment (read: your back door). An excerpt:

The Fourth Amendment of the Bill Rights, ratified in 1791, has traditionally been Americans' "principal constitutional protection against government spying," says David Cole, a lawyer who teaches constitutional law and national security at Georgetown University. As the amendment states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated."

But Cole and other legal analysts say the world of computers has weakened the Fourth Amendment. "In the modern digital age," he says, "it means very, very little."

Here's why: Let's say the police or FBI wanted to gather intimate details about your life back in the old days — meaning, before computers came along. Whom are you meeting? What are you reading? What are you writing in your diary? What kinds of products have you been buying? Where are you going to travel and where will you stay?

One of the best ways to get that information would have been to search your home, bug it and wiretap your phone. Based on the Fourth Amendment, that meant the police would have needed a search warrant. And to obtain a warrant, law enforcement officers must convince a judge that they have probable cause that the place they want to search, or the person they want to bug, is likely to reveal evidence of a crime.

But since the 1960s and 1970s, the Supreme Court and other courts have issued a series of rulings declaring that the government does not need a search warrant to obtain your personal documents if you have already shared them with somebody else. For instance, since you allow your bank and credit card company to know what you buy, and since you let your phone company know whom you call, you can't claim that information is private. It's the legal version of the lesson you learned when you were 12 years old: If you don't want everyone else to read your diary, then don't show it to anybody.

In the wake of those court decisions, the digital revolution came along. And many of the most intimate details of your life that you used to protect at home morphed into digital documents — which are stored on someone else's computers.

"When I send an email, I've shared it with the Internet provider," Cole says. "When I search the Web, I've shared it with the Web company. When I walk around with my cellphone, I'm sharing with the cellphone company my whereabouts. All of that information has lost its constitutional protection, and the government can get it without having to make any showing that you're engaged in illegal activity or suspicious activity."

So in this digital age, police often do not need to show probable cause of a crime when they want to find out details about your life that they used to find in your home. Instead, they can get your private files from corporations that store your records on their computers.

And instead of a search warrant, the police might just need a subpoena — which is "trivially easy to issue," says Bankston of the Center for Democracy and Technology. Law enforcement doesn't need a judge's approval to obtain subpoenas — prosecutors can sign them on their own, as can authorized employees at federal and state agencies. And law enforcement agents don't need evidence that there's likely a crime. They need only to be able to show that the records they want are relevant to an investigation.

What Apple is saying is that the government can subpoena them all they want; they will not have access to the data the government is looking for, nor will they be able to give the government the access they are looking for.

In short, Apple and Google are taking it upon themselves to shut that back door, change the lock, and destroy the key, so they don't even have the ability to unlock the door.

BL.
 
And what happens if they do get a warrant and the suspect refuses to unlock their device? That is the issue.

If the police have a warrant to search my house, they have a variety of means to gain entry if I do not unlock the door.

Hell, if I own a safe and the government has a warrant, safe manufacturers will assist in opening the safe.


The US govt created this problem. They were not illegally entering people's homes and going through their safes. But they were illegally gathering electronic data.

They created the need for this by their actions.

:apple:
 
They can screw off. After all the Snowden documents they expect trust? No. Law enforcement branches and government need to regain trust, because what the NSA does is damn criminal.
 
Yes, but now they will not be able to act on that warrant.

I'm not certain but isn't it the case that if you deny an officer the ability to carry out a warrant you would be arrested? It also seems that you would be held in jail until you provided them the access required within the restrictions of the warrant. I'm pretty sure they could act on the warrant one way or another but I'm no lawyer and don't know. This encryption makes it such that they have to come to ME with the warrant demanding access to MY data. It seems fair.
 
Apple is now the most secure and private smartphone choice.
Soon it will be the most secure and private contact-less payment system...

Look for Apple to lead the way in privacy and security in the coming years!!
 
They can screw off. After all the Snowden documents they expect trust? No. Law enforcement branches and government need to regain trust, because what the NSA does is damn criminal.

Hell no, they don't expect trust. The government doesn't even pretend to respect civil liberties these days; you are a potential enemy and they will treat you as such.
 
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