Apple refuses to hack terrorist's phone

[smitcompton]

Hi.

I have not changed my opinion, but I have yet to read the first ArtIcle thaT mOLLY POSTED. tHIS MORNIG I heard something interesting. The Supreme Court does not like to make very general decisions in cases, but would prefer more narrow limits. This person, a dead terrorist has no privacy rights any more--he's dead. So, the Gov't has the legal right to go after this one particular I-phone without the argument that privacy is paramount. They may have to narrow the scope.

Apple is a a secretive company and has held many secrets from outside eyes. Today, I am feeling that law enforcement gets a bum rap( not shooting black men) these days and I think for the most part, they have done a good job for our country. I want them to have all the tools they need. Abuse happens all the time ; IRS, cover-ups ect. medcaid, medicare. Privacy today is an illusion. You have all forfeited that right. Social Media has done you in. For a few photos, you sold yourselves.

Annette

 

[MollyMalone]

Here is part 2 from Prof. Kerr; it's about the All Writs Act, which Congress enacted way back in 1789. Dry as that may sound, the Act is in play here & he offers a nice, not-for-lawyers-only explanation of why the Act matters, and why interpretation of it is "up for grabs", in this scenario:
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/19/preliminary-thoughts-on-the-apple-iphone-order-in-the-san-bernardino-case-part-2-the-all-writs-act/

He plans on providing an overview of the policy issues in 1-2 additional postings in the upcoming week.

Woohoo GWU Law School Professor Orin Kerr
http://www.law.gwu.edu/orin-s-kerr
has just posted the first of two articles on this topic that he is writing for The Volokh Conspiracy, a blog of primarily libertarian and conservative law professors. Although I don't always agree with him, he is my favorite Conspirator because of his thoughtful, fair-minded, and measured approach; clear writing style; keen intellect. And because of his expertise on the Fourth Amendment and legal issues concerning digital evidence, his two articles should be a great help to anyone who wants to know more about what all is, and is not, involved here
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/18/preliminary-thoughts-on-the-apple-iphone-order-in-the-san-bernardino-case-part-1/
P.S. The quality of the comments seen in response to VC posts has fallen off since VC abandoned its own web site & migrated to the Opinion section of The Washington Post. Still, it could be worth your while to skim through the Comments; there can be good questions & kernels of informed comments amid the kind of stupid yahoo from readers found on any newspape site.
ETA: Link to an article posted yesterday on The Verge that provides a very brief but decent overview you might like to read before hopping over to Prof. Kerr's piece:
http://www.theverge.com/2016/2/17/11037838/us-congress-awa-encryption-debate-apple-fbi-battle

 

[ksinger]

Here is part 2 from Prof. Kerr; it's about the All Writs Act, which Congress enacted way back in 1789. Dry as that may sound, the Act is in play here & he offers a nice, not-for-lawyers-only explanation of why the Act matters, and why interpretation of it is "up for grabs", in this scenario:
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/19/preliminary-thoughts-on-the-apple-iphone-order-in-the-san-bernardino-case-part-2-the-all-writs-act/

He plans on providing an overview of the policy issues in 1-2 additional postings in the upcoming week.

Woohoo GWU Law School Professor Orin Kerr
http://www.law.gwu.edu/orin-s-kerr
has just posted the first of two articles on this topic that he is writing for The Volokh Conspiracy, a blog of primarily libertarian and conservative law professors. Although I don't always agree with him, he is my favorite Conspirator because of his thoughtful, fair-minded, and measured approach; clear writing style; keen intellect. And because of his expertise on the Fourth Amendment and legal issues concerning digital evidence, his two articles should be a great help to anyone who wants to know more about what all is, and is not, involved here
https://www.washingtonpost.com/news/volokh-conspiracy/wp/2016/02/18/preliminary-thoughts-on-the-apple-iphone-order-in-the-san-bernardino-case-part-1/
P.S. The quality of the comments seen in response to VC posts has fallen off since VC abandoned its own web site & migrated to the Opinion section of The Washington Post. Still, it could be worth your while to skim through the Comments; there can be good questions & kernels of informed comments amid the kind of stupid yahoo from readers found on any newspape site.
ETA: Link to an article posted yesterday on The Verge that provides a very brief but decent overview you might like to read before hopping over to Prof. Kerr's piece:
http://www.theverge.com/2016/2/17/11037838/us-congress-awa-encryption-debate-apple-fbi-battle

I started the second one, but it's definitely a snoot full and will require a second or third reading!

 

[smitcompton]

Hi,

Molly, thanks for the articles. The Professor does have a clean writing style that makes reading his work reasonably easy.
It will be a interesting journey to see how it ends. Its also interesting to read PS posters who have changed their opinions upon reading his article. I did not feel he was making a case for either side.

I do see that the case law of the New York Telephone Co. does not fit the apple profile as the telephone Co is a public utility vs Apple's private Co. status.

I lean still toward the Gov't position but will keep one quarter of my mind open.

Annette

 

[Moiclaire]

We are talking about terrorists! Open the phone, we shouldn't even be wondering about it!

 

[sonnyjane]

We are talking about terrorists! Open the phone, we shouldn't even be wondering about it!

And when terrorists get access to the technology to hack any iPhone on the market? It's easier for them to steal technology we've already made than it is for them to develop it themselves.

 

[kenny]

We are talking about terrorists! Open the phone, we shouldn't even be wondering about it!

But but but ... this back door key, that the FBI wants apple to create, WILL eventually get used for other less-nobel, or worse, purposes.

This key will become the holy grail, the ultimate challenge.
Like the atomic bomb after WW2, it will be pursued by the smartest hacking minds, governments of China, Russia Iran, Israel, and North Korea, not to mention narcissistic 12-year old hackers in the bedrooms of their parent's suburban home,

It lets the ultimate cat out of the bag.

It's as dangerous as suggesting converting the top floor of an existing 100-story office tower into a swimming pool.
"Well just seal all the cracks so the water never leaks and destroys the other 99 floors."
Sure it's technically possible in theory, but good luck with that!
It might work for a while but water and gravity are tenacious forces.

Same with a new software "master key" that opens millions of safes full of power and money.
People now just keep too much important and sensitive stuff on their phones.

 

[smitcompton]

Hi,

This is an older model phone. The software that the FBI is asking for is to turn off the mechanism that would erase the data in the phone if a password is tried more than 10 times. The FBI would then use their own super computer to bombard the IPhone with passwords that they would try. The FBI has told Apple they can destroy the software after they write this small segment of software. People believe Apple already has that software for this type phone. This does not seem unreasonable to me. A one time use.

Of course the Gov't may come back again. They have chosen their case pretty well.

Annette

 

[AprilBaby]

It's not as simple as software. You can't just hack it. It's a key code hundreds of symbols long. It would take eternity to hack. Once it was given it would be passed to other governments and security would be over forever. The dead fingers don't work after 24 hrs. The FBI knew that and didn't do it. Apple told them. Try it with your phone. If you don't use your fingerprint for 24 hrs for your security it prompts you for your password. Apple gave the FBI access to the cloud on that phone but his employer changed the password on the cloud before they accessed it. I doubt it has any information. It's a work phone the employer had access to.
I stand with Apple. Keep my security.

 

[Matata]

http://www.huffingtonpost.com/james-allworth/the-us-has-lost-its-damn-mind_b_9308482.html

 

[Maria D]

I read that earlier Matata...oh it's so sadly true!