Apple Fights To Protect Encrypted User Data From The U.S. Government

[steven36]

The Department of Justice is clearly unhappy with Apple because they want to break into an encrypted iPhone, and Apple — their only hope in getting in — won’t help them do it. The DOJ is now seeking alternative legal procedures to try and force the tech giant into complying.

The iPhone in question belongs to a defendant in felony drug case named Jun Feng, according to Ars Technica. Prosecutors believe that Feng was involved in a ring of seven others who were allegedly distributing methamphetamine. Prosecutors also claim that an “erase command” was sent to Feng’s phone remotely after the government came into its possession, which would have resulted in total loss of the data on the phone had they not intercepted it.

The fact the attempt was made to destroy the data has likely led to the government believing its contents contain evidence pertinent to the case.


Apple admitted that they have the capability of bypassing the lock on the phone to gain access to its contents, however in doing so, it would “threaten the trust between Apple and its customers”, tarnishing Apple’s reputation.

Forcing Apple to extract data in this case, absent clear legal authority to do so, could threaten the trust between Apple and its customers and substantially tarnish the Apple brand.

An Engadget report pointed out the “privacy crusade” Apple has been on, quoting Apple’s CEO Tim Cook as saying that people have a “fundamental right to privacy”.

The government’s new strategy to try and compel Apple into cooperating is by arguing that Apple — not the defendant — is the owner of the software on the phone, thus Apple has no legal obligation to protect its contents.

Apple cannot reap the legal benefits of licensing its software in this manner and then later disclaim any ownership or obligation to assist law enforcement when that same software plays a critical role in thwarting execution of a search warrant.

If the strategy was to hold up in court, it would set up an interesting precedent in which the government could force any company to decrypt its users’ data just because the software is licensed, and not sold.

This will undoubtedly raise concerns of privacy over sensitive data that is typically stored in such a fashion, though Apple admitted the only reason why they can bypass the encryption on the iPhone is because it’s running an outdated iOS 7. If the operating system was iOS 8 or later, Apple says there is no way the data on the phone could be recovered.

In addition to protecting the defendant’s right to privacy in this case, Apple’s attorney said in a filing that the process of unlocking a phone is also not simple, and that it would require resources Apple is willing to sacrifice for these types of requests.

Each extraction diverts man hours and hardware and software from Apple’s normal business operations. And, of course, this burden increases as the number of government requests increases.

The burden on Apple would continue to increase as Apple’s engineers would most likely be expected to testify at trial if they found criminal content that the DOJ planned on using.

However, Apple’s stance against becoming involved is primarily motivated out of concern for the public. They point out how in wake of revelations of cases brought to light by whistleblowers like Edward Snowden, the public is sensitive to issues of online privacy.

Public sensitivity to issues regarding digital privacy and security is at an unprecedented level. This is true not only with respect to illegal hacking by criminals but also in the area of government access — both disclosed and covert.

United States Attorney Robert Capers responded to Apple, claiming that Apple assisted with law enforcement in this regard before, and that their reasons for denying assistance in this particular case is “without basis as a matter of law”.

Source

[straycat19]

Seems to me that Apple doesn't have a leg to stand on. The defendant or someone acting on his behalf attempted to destroy data in police possession which is more than enough to get a warrant and if Apple refused to honor the warrant I would start throwing them in jail starting with the CEO and working down. Of course we could take my favorite action against drug dealers and just shoot him, then his phone data becomes a moot point.

[CODYQX4]

Seems to me that Apple doesn't have a leg to stand on. The defendant or someone acting on his behalf attempted to destroy data in police possession which is more than enough to get a warrant and if Apple refused to honor the warrant I would start throwing them in jail starting with the CEO and working down. Of course we could take my favorite action against drug dealers and just shoot him, then his phone data becomes a moot point.

Yeah, let's just throw out all due process and privacy protections just because someone slings dope. Let's burn the bill of rights because those only help criminals. You sound like you'd have loved to live in Nazi Germany / Stalin USSR, because surely nothing you do or have would ever possibly send the corrupt secret police your way, and they wouldn't just take your shit because they could. Government says you are guilty, you die. I'm sure they'd love that so they can stop pretending us peasants actually have any power.

Seriously, the government feels ENTITLED to ALL data, for ALL PEOPLE, in ALL NATIONS. Oh, it's encrypted? Let's outlaw encryption, force backdoors, etc. Let's straight up hack manufacturers if they don't comply.

What the US government demands is that there be a Master Digital Key, that they can unlock everything, and just look at how they fucked that up with the TSA locks.

If the government wins this case, Apple might as well not even try to secure our information, because that backdoor/unlock/whatever euphemism the government calls will be leaked to others, just as sure as the sun will rise tomorrow morning. Only question is to who will it leak to, and how long will it take, and will we even know it has leaked.

[steven36]

Seems to me that Apple doesn't have a leg to stand on. The defendant or someone acting on his behalf attempted to destroy data in police possession which is more than enough to get a warrant and if Apple refused to honor the warrant I would start throwing them in jail starting with the CEO and working down. Of course we could take my favorite action against drug dealers and just shoot him, then his phone data becomes a moot point.

Yeah, let's just throw out all due process and privacy protections just because someone slings dope. Let's burn the bill of rights because those only help criminals. You sound like you'd have loved to live in Nazi Germany / Stalin USSR, because surely nothing you do or have would ever possibly send the corrupt secret police your way, and they wouldn't just take your shit because they could. Government says you are guilty, you die. I'm sure they'd love that so they can stop pretending us peasants actually have any power.

Seriously, the government feels ENTITLED to ALL data, for ALL PEOPLE, in ALL NATIONS. Oh, it's encrypted? Let's outlaw encryption, force backdoors, etc. Let's straight up hack manufacturers if they don't comply.

What the US government demands is that there be a Master Digital Key, that they can unlock everything, and just look at how they fucked that up with the TSA locks.

If the government wins this case, Apple might as well not even try to secure our information, because that backdoor/unlock/whatever euphemism the government calls will be leaked to others, just as sure as the sun will rise tomorrow morning. Only question is to who will it leak to, and how long will it take, and will we even know it has leaked.

The thing is I remember before we had all this encryption and the Government was spying on us then .As long you didn't do nothing really bad wrong they don't bother you. Its the peoples fault they want the key . If they were not using encryption to commit crimes they would not want the key . We didn't always have all this encryption we still had a good time on the internet. most all crimes are done via cell phones . Really I could care less only cell phone I have is a burner I only use in case I'm away from home if you want to talk to me at home you can ring me on the landline if I know you.. I maybe would pick up if I was in the mood . I cant stand phones . :P

if you want encryption use services that don't have logs and don't use a phone or email to do anything you don't want known. Its a well known fact NSA and the FBI are taped in to cellphones anyways and most don't even use encryption .. I told people about this long ago never trust services that log with encryption. If they made it they have the key to unlock it . Many VPN that don't log but many do and the ones that do log will unlock it for a court order .