Solution A sets a precedent - meaning the govt can start sending any number of iPhones to apple to be broken into. You can't keep a secret long
Thank you very much. Indeed, an interesting read.
She does point out what I've been saying, that Apple could make a per-device keyed OS version that could not be used on any other phone.
Yet her advice seems to be that the government should stop trying to make Apple comply, and instead invest millions in its own set of forensic tools and methods, up to and including reading stored data bits inside chips via electron microscopes... with the end desired result being that they could crack any phone without Apple's help.
Ironically, the FBI gaining that much power would result in exactly the opposite situation as Apple claims to want, since then there'd be even less civilian oversight, as Apple's lawyers would never see any of the requests.
Also, her argument (and Apple's) that creating one-off OS versions per device could mean that the knowledge could eventually leak from Apple just makes no sense to me. If Apple cannot keep a secret under those circumstances, then Apple cannot keep the same secret in any case...
Good points. So try this:
Which situation is more or less desirable?
A. Apple complying with the government request, holding on to the phone in question, keeping (or destroying) whatever proprietary software and systems they come up with to get into the phone, and simply providing the decrypted data to the FBI, per the current court request; or
B. Apple NOT complying, causing the government use their own forensics lab or to go to a third party to decrypt the phone (assuming they can), and the FBI keeping the decrypting software for future use.
I suggest situation A is much better for everybody. Apple's secrecy is legendary, so I'm assuming they can keep this particular software under the same tight controls. I would much rather have Apple maintain this decrypting software than the government.
Personally I feel it would be better for the FBI to develop it than Apple. As access or penetration points are discovered, technology companies can respond quickly to these allowing the government agencies to continue on with their task. Something along the lines of what the NSA does today.
I wouldn't trust the government doing it. Far too easy to abuse, in my view. If Apple maintained control of it, any request for their assistance would have to be accompanied by the legal safeguards of a warrant, probable cause, and approved by a neutral judge.
Solution A sets a precedent - meaning the govt can start sending any number of iPhones to apple to be broken into. You can't keep a secret long
Good points. So try this:
Which situation is more or less desirable?
A. Apple complying with the government request, holding on to the phone in question, keeping (or destroying) whatever proprietary software and systems they come up with to get into the phone, and simply providing the decrypted data to the FBI, per the current court request; or
B. Apple NOT complying, causing the government use their own forensics lab or to go to a third party to decrypt the phone (assuming they can), and the FBI keeping the decrypting software for future use.
I suggest situation A is much better for everybody. Apple's secrecy is legendary, so I'm assuming they can keep this particular software under the same tight controls. I would much rather have Apple maintain this decrypting software than the government.
"Thank you for making me aware of the 10 try erase function. I have now turned it on."
Both WOW and Seriously cool.
This has been so far, a very interesting hearing.
I do like how Janet ensures she claims the tech answer and not the legal side.
Funny watching today - Rep. Lofgren told the Apple lawyer that during the break she went in and set her 10-try on and thanked them for telling her. Guess she flipped the bird at the FBI.
Finished.... for now.
Was a seriously good watch. The varying viewpoints, the level of understanding, and the position each member had going in.
Trey Gowdy was the single person I would say should have been barred. Not for his attitude, rather for trying to be the "I speak for all the House." person. Jeffries has a good response to that![]()
Mr gowdy pissed me off, hes a toolbag. Ive been watching it 2-3 hours lol. (im really interested in this)
Yes, because trafficking (of any kind) has only been thriving since the iPhone was released![]()
[doublepost=1456892104][/doublepost]stop being a sanctimonious dick, Tim - just assist the FBI in this one case.
Alongside its battle with the U.S. government over an order to break into the iPhone used by San Bernardino shooter Syed Farook, Apple has also been embroiled in a dispute over a similar case in New York. In late 2015, the Department of Justice asked a NY federal magistrate judge to order Apple to help authorities gain access to an iPhone seized as evidence in a drug trafficking case.![]()
At the time, Apple explained that while it could technically unlock the iPhone in question because it was running an older version of iOS, being forced to comply with the order could "substantially tarnish the Apple brand." This afternoon, Judge James Orenstein, who is presiding over the New York case, decided in favor of Apple (via TechCrunch), handing down a ruling that could potentially impact the much more prominent San Bernardino dispute.
According to the New York ruling, Apple cannot be forced to help law enforcement access data on an iPhone using the justification that the court has the power to make such an order under the All Writs Act, an argument the FBI also uses in the San Bernardino case. Apple has also argued the All Writs Act does not give the government a pass to "conscript and commandeer" the company.
"The established rules for interpreting a statute's text constrain me to reject the government's interpretation that the AWA empowers a court to grant any relief not outright prohibited by law," writes Orenstein. "The extraordinary relief [the government] seeks cannot be considered 'agreeable to the usages and principles of law,'" reads another section. He goes on to outline his reasoning and concludes with the opinion that the larger issue of encryption should be decided by legislation, not by the court.According to TechCrunch, a senior Apple executive has suggested that while New York case does not set a binding legal precedent in regard to the San Bernardino case, it sets "an important precedent of opinion."
Apple has officially opposed an order that would require it to help the FBI break into the iPhone used by San Bernardino shooter Syed Farook and will now face off against the government in court on March 22.
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 Judge Rules U.S. Government Can't Force Apple to Unlock an iPhone
[doublepost=1456892104][/doublepost]stop being a sanctimonious dick, Tim - just assist the FBI in this one case.
this phone's content is important to national security, for goodness' sake!
Look! Another person that doesn't get it![doublepost=1456892104][/doublepost]stop being a sanctimonious dick, Tim - just assist the FBI in this one case.
this phone's content is important to national security, for goodness' sake!
It is?
Isolated incident. The perpetrators are deceased. A work device mishandled by the SBC and FBI.
So... other than the FBI wanting to set a last century investigative precedent, what is the national security aspect?
[doublepost=1456892104][/doublepost]stop being a sanctimonious dick, Tim - just assist the FBI in this one case.
this phone's content is important to national security, for goodness' sake!
Thet and if this was national security related...it be the NSA lead on the case. A grand scheme conspiracy to run mass shootings across the US on county employees by a terrrorist entity....that be their thing.