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Title: US gov’t can’t force Apple to unlock iPhone in drug case – NY judge
Source: [None]
URL Source: https://www.rt.com/usa/334033-judge-rules-against-fbi-apple/
Published: Feb 29, 2016
Author: Regis Duvignau
Post Date: 2016-02-29 21:43:06 by Ada
Keywords: None
Views: 136
Comments: 3

The US Justice Department does not have the authority to force Apple to unlock an iPhone involved in a Brooklyn drug case and hand the data over to the FBI, a New York judge ruled Monday.

In this case, the FBI was applying the same 18th century legislation that it argues must compel Apple to unlock the iPhone belonging to one of the shooters in the San Bernardino massacre.

“The government has failed to establish” that the All Writs Act permits it to make Apple provide access to data stored on a locked iPhone, US Magistrate Judge James Orenstein wrote in the ruling. He also stated that if the AWA does allow the FBI to make such an order, “discretionary factors” in the case compelled him to reject the motion.

The AWA of 1789 established the federal justice system and enabled federal judges to order third parties to assist the government.

In July of 2015, federal authorities looked to obtain a warrant to search an iPhone belonging to Jun Feng, a New Yorker charged with conspiracy to traffic in methamphetamine. However, Judge Orenstein gave Apple the chance to contest the government’s argument that it had the power to force the company to unlock the mobile device, and he ultimately decided that law enforcement’s argument wasn’t good enough to place the burden of unlocking the phone on Apple.

While the drug case that Orenstein ruled on is unrelated to the San Bernardino one, it’s nevertheless a significant victory for Apple as it continues to argue that it cannot be forced by law enforcement to create a “back door” into encrypted devices.

Earlier this month, Apple was ordered to help law enforcement crack an encrypted phone that belonged to San Bernardino gunman Syed Rizwan Farook by writing software that would enable authorities to bypass the built-in security. Apple has argued that the AWA has never been used to make companies create new software to aid the government.

The company has asked the courts to vacate the order, arguing that breaking into the phone would help create a back door that could be exploited against other devices and compromise individual privacy.

For its part, the government says it is not asking Apple to create a back door into all phones. Rather, it simply wants help getting into this particular phone.

According to the AP, Apple has declined to help the government unlock encrypted iPhones in more than a dozen cases across multiple states, leaving the question for courts to consider.

In his opinion on Monday, Orenstein noted that Congress has also yet to pass laws affirming the government’s authority to make technology companies bypass encryption.

"How best to balance those interests is a matter of critical importance to our society, and the need for an answer becomes more pressing daily, as the tide of technological advance flows ever farther past the boundaries of what seemed possible even a few decades ago," Orenstein ruled. "But that debate must happen today, and it must take place among legislators who are equipped to consider the technological and cultural realities of a world their predecessors could not begin to conceive."

The ruling is unlikely to mark the end of the debate, however. the Justice Department said it intends to appeal the decision.

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#1. To: Ada (#0)

The feds should take up John McAfee's offer to do it for free.

Trump criticized Apple for doing the right thing.

Personally, I think this is all Kabuki Theater and the NSA has all the data on the drive and has since day two.

Fred Mertz  posted on  2016-02-29   21:56:58 ET  Reply   Trace   Private Reply  


#2. To: Fred Mertz (#1)

The feds should take up John McAfee's offer to do it for free.

Well, #1) that would involve, by McAfee's own admission, hiring computer nerd druggies to do the work which would be embarrassing for the FBI; #2) McAfee would then be in sole possession of the data and be free to read and modify it before handing it over to the feds.

Trump criticized Apple for doing the right thing.

At least when the question was put to him in an interview.

Personally, I think this is all Kabuki Theater and the NSA has all the data on the drive and has since day two.

The NSA has the supercomputer power to crack it. It might take 3 months for one of those systems to do it, but they probably can. Of course the ability would be classified info so they have to pretend they can't decrypt it.

Pinguinite  posted on  2016-02-29   22:54:34 ET  Reply   Trace   Private Reply  


#3. To: Ada (#0)

http://www.zerohedge.com/news/2016-02-25/apple-responds-government-no-court-has-ever-authorized-what-government-seeks

The government says: “Just this once” and “Just this phone.” But the government knows those statements are not true; indeed the government has filed multiple other applications for similar orders, some of which are pending in other courts. And as news of this Court’s order broke last week, state and local officials publicly declared their intent to use the proposed operating system to open hundreds of other seized devices—in cases having nothing to do with terrorism.3 If this order is permitted to stand, it will only be a matter of days before some other prosecutor, in some other important case, before some other judge, seeks a similar order using this case as precedent. Once the floodgates open, they cannot be closed, and the device security that Apple has worked so tirelessly to achieve will be unwound without so much as a congressional vote. As Tim Cook, Apple’s CEO, recently noted: “Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks—from restaurants and banks to stores and homes. No reasonable person would find that acceptable.”

http://www.zerohedge.com/news/2016-02-24/we-just-found-out-real-reason-fbi-wants-backdoor-iphone

Whistleblower Edward Snowden tweeted last week that “crucial details [of the case] are being obscured by officials.” Specifically, he made the following trenchant points:

-the FBI already has the information it seeks, as this is stored by service providers, not on the phone itself.

-the FBI has received backups of all the suspect's data until just 6 weeks before the crime.

-copies of the suspect's contacts with co-workers are available in duplicate from those co-worker's phones.

-the phone in controversy is a government-issued work phone, subjected to consent to monitoring, not a secret terrorist communication device. The 'operational' phones believed to be hiding incriminating information, recovered by the FBI during a search were physically destroyed, not 'shielded by Apple.'

-Alternative means for gaining access to this device exist that do not require the manufacturer's assistance.

Now, the Wall Street Journal has confirmed that there are actually 12 other iPhones the FBI wants to access in cases that have nothing to do with terrorism. According to an Apple lawyer, these cases are spread all across the country: “Four in Illinois, three in New York, two in California, two in Ohio, and one in Massachusetts.”

With each of these cases, the FBI’s lawyers cite an 18th-century law called All Writs Act, which they say is the jurisprudence needed to force Apple to comply and bypass their built-in proprietary encryption methods. Is it any wonder the only case the public hears about is the one that involves terrorism?

While law enforcement authorities claim these 12 additional cases are evidence that encryption has become a major hindrance to investigations across the country, privacy advocates say it is, conversely, evidence that national security is not the only factor at play in the government’s desire to circumvent encryption. This is further evidenced by the fact that the government has been pressuring Apple to create iPhone backdoors since long before the San Bernardino attack.

Rather, information privacy advocates like the Electronic Frontier Foundation (EFF) say the push for bypassing encryption — specifically, compelling Apple to build a backdoor operating system — involves a large-scale campaign to use the threat of terror to overreach their legal authority, breaching civil liberties in the process. We saw this in the wake of 9/11, when NSA’s PRISM program conscripted Google, Microsoft, and Facebook in a covert data mining campaign to collect metadata from American citizens.

The EFF says the Apple case is part of an ongoing pattern of the state using the threat of terrorism as a Trojan horse to get backdoor access to citizens’ smartphones:

ratcat  posted on  2016-03-01   0:38:57 ET  Reply   Trace   Private Reply  


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