Justice Department Calls Apple's Privacy Case Stance a 'Marketing Strategy'

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The United States Justice Department today asked a federal judge to compel Apple to comply with the court's original order that would force the company to help the FBI hack into the iPhone of San Bernardino shooter Syed Farook. In the filing, shared by The New York Times, the DOJ calls Apple's refusal to help "a marketing strategy" that "appears to be based on its concern for its business model."


The DOJ bases this assertion on Apple's past cooperation, when it provided data from devices that ran earlier versions of iOS when ordered to do so via search warrant. Prior to iOS 8, Apple had the tools to extract data from locked iOS devices. With the release of iOS 8, Apple stopped storing encryption keys for devices, making it impossible for the company to access data on devices running iOS 8 or later.
Based on Apple's recent public statement and other statements by Apple, Apple's current refusal to comply with the Court's Order, despite the technical feasibility of doing so, instead appears to be based on its concern for its business model and public brand marketing strategy.
The government has demanded Apple create a tool that would allow the FBI to more easily hack into Farook's iPhone 5c through brute forcing the passcode, something that's quite different than the orders that Apple has complied with on pre-iOS 7 devices. Apple has been asked to develop a new version of iOS software that would do the following:

- Eliminate the auto-erase function that wipes an iPhone if the wrong passcode is entered 10 times.
- Eliminate the delay that locks the FBI out of the iPhone if the wrong passcode is entered too many times in a row.
- Implement a method that would allow the FBI to electronically enter a passcode using software.

Apple has publicly stated its intention to oppose the order, saying it sets a "dangerous precedent," a statement echoed by several technology companies that have come out in support of Apple. Apple believes that fulfilling the "chilling" request will lead to similar unlocking requests in the future or a general demand to weaken encryption on electronic devices.

Following an extension granted yesterday, Apple still has several days to formulate an official response to the court's demands. Apple is expected to argue that the order goes beyond the powers granted to the government by the All Writs Act, a key law that's being used in the case.

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: Justice Department Calls Apple's Privacy Case Stance a 'Marketing Strategy'
 
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Rogifan

macrumors Core
Nov 14, 2011
21,806
27,268
The government screwed up and they want Apple to be the fall guy.

http://www.buzzfeed.com/johnpaczkow...asscode-changed-in-government-cust#.hbQamMDGY

The Apple ID password linked to the iPhone belonging to one of the San Bernardino terrorists was changed less than 24 hours after the government took possession of the device, senior Apple executives said Friday. If that hadn’t happened, Apple said, a backup of the information the government was seeking may have been accessible.
Now congress has asked the FBI director and Tim Cook to testify on Capitol Hill. I hope Apple has hired top notch PR and legal firm to handle this.
 

SteveJobs2.0

macrumors 6502a
Mar 9, 2012
822
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Apple will eventually be forced to comply. A few "random" reviews of Apple's current tax practices by the IRS and something will be found amis.
 
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apple supporter

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Feb 18, 2016
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The United States Justice Department today asked a federal judge to compel Apple to comply with the court's original order that would force the company to help the FBI hack into the iPhone of San Bernardino shooter Syed Farook. In the filing, shared by The New York Times, the DOJ calls Apple's refusal to help "a marketing strategy" that "appears to be based on its concern for its business model."


The DOJ bases this assertion on Apple's past cooperation, when it provided data from devices that ran earlier versions of iOS when ordered to do so via search warrant. Prior to iOS 8, Apple had the tools to extract data from locked iOS devices. With the release of iOS 8, Apple stopped storing encryption keys for devices, making it impossible for the company to access data on devices running iOS 8 or later.The government has demanded Apple create a tool that would allow the FBI to more easily hack into Farook's iPhone 5c through brute forcing the passcode, something that's quite different than the orders that Apple has complied with on pre-iOS 7 devices. Apple has been asked to develop a new version of iOS software that would do the following:

- Eliminate the auto-erase function that wipes an iPhone if the wrong passcode is entered 10 times.
- Eliminate the delay that locks the FBI out of the iPhone if the wrong passcode is entered too many times in a row.
- Implement a method that would allow the FBI to electronically enter a passcode using software.

Apple has publicly stated its intention to oppose the order, saying it sets a "dangerous precedent," a statement echoed by several technology companies that have come out in support of Apple. Apple believes that fulfilling the "chilling" request will lead to similar unlocking requests in the future or a general demand to weaken encryption on electronic devices.

Following an extension granted yesterday, Apple still has several days to formulate an official response to the court's demands. Apple is expected to argue that the order goes beyond the powers granted to the government by the All Writs Act, a key law that's being used in the case.

Article Link: Justice Department Calls Apple's Privacy Case Stance a 'Marketing Strategy
 

ghost187

macrumors 6502a
Mar 18, 2010
954
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These communists need to be punished for treason and for undermining democracy. At the very least their citizenship should be revoked and they should be sent to a communist country of their choice.
 
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Mascots

macrumors 68000
Sep 5, 2009
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Seriously?

Have they not seen the general public opinion? Or are they that blind to the people they're protecting?
 
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Serban

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Jan 8, 2013
5,159
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My god, Fbi is so usesless they need apple????? In russia things would be different.
Common FBI needs apple to resolve a problem otherwise they cant?
 
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Sasparilla

macrumors 65816
Jul 6, 2012
1,475
2,321
This is it folks, whether we will be able to have an expectation of privacy from govt searching of our personal electronic devices (no matter what our govt is like at the time - McCarthy, Hoover, Nixon or worse) - is getting tested right here.

Boy I hope Apple wins this (based on Supreme Court last year on warrants for Smartphone searches, I would expect yes they will, but you never know).

As a note - the NY Times stated that the FBI actually had access to a backup from the iPhone in question a month before the attack. Between that and all the data from Apple and the provider they should already have virtually everything on that phone. This is all about setting precedent for govt access to your things when it thinks it should (and as we have seen in the past, the govt doesn't always act responsibly with such responsibilities). JMHO...
 

skottichan

macrumors 6502a
Oct 23, 2007
913
964
Columbus, OH
These communists need to be punished for treason and for undermining democracy. At the very least their citizenship should be revoked and they should be sent to a communist country of their choice.
What's sad, I've started to see comments like these on other forums. Some folks are even suggesting something akin to HUAC to be brought back to question/punish companies like Apple.
 
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