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Paul Merrell

FBI's secret method of unlocking iPhone may never reach Apple | Reuters - 0 views

  • The FBI may be allowed to withhold information about how it broke into an iPhone belonging to a gunman in the December San Bernardino shootings, despite a U.S. government policy of disclosing technology security flaws discovered by federal agencies. Under the U.S. vulnerabilities equities process, the government is supposed to err in favor of disclosing security issues so companies can devise fixes to protect data. The policy has exceptions for law enforcement, and there are no hard rules about when and how it must be applied.Apple Inc has said it would like the government to share how it cracked the iPhone security protections. But the Federal Bureau of Investigation, which has been frustrated by its inability to access data on encrypted phones belonging to criminal suspects, might prefer to keep secret the technique it used to gain access to gunman Syed Farook's phone. The referee is likely to be a White House group formed during the Obama administration to review computer security flaws discovered by federal agencies and decide whether they should be disclosed.
  • Stewart Baker, former general counsel of the NSA and now a lawyer with Steptoe & Johnson, said the review process could be complicated if the cracking method is considered proprietary by the third party that assisted the FBI.Several security researchers have pointed to the Israel-based mobile forensics firm Cellebrite as the likely third party that helped the FBI. That company has repeatedly declined comment.
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    The article is wide of the mark, based on analysis of Executive Branch policy rather than the governing law such as the Freedom of Information Act. And I still find it somewhat ludicrous that a third party with knowledge of the defect could succeed in convincing a court that knowledge of a defect in a company's product is trade-secret proprietary information. "Your honor, my client has discovered a way to break into Mr. Tim Cook's house without a key to his house. That is a valuable trade secret that this Court must keep Mr. Cook from learning." Pow! The Computer Fraud and Abuse Act makes it a crime to access a computer that can connect to the Internet by exploiting a software bug. 
Paul Merrell

This Is the Real Reason Apple Is Fighting the FBI | TIME - 0 views

  • The first thing to understand about Apple’s latest fight with the FBI—over a court order to help unlock the deceased San Bernardino shooter’s phone—is that it has very little to do with the San Bernardino shooter’s phone. It’s not even, really, the latest round of the Crypto Wars—the long running debate about how law enforcement and intelligence agencies can adapt to the growing ubiquity of uncrackable encryption tools. Rather, it’s a fight over the future of high-tech surveillance, the trust infrastructure undergirding the global software ecosystem, and how far technology companies and software developers can be conscripted as unwilling suppliers of hacking tools for governments. It’s also the public face of a conflict that will undoubtedly be continued in secret—and is likely already well underway.
  • Considered in isolation, the request seems fairly benign: If it were merely a question of whether to unlock a single device—even one unlikely to contain much essential evidence—there would probably be little enough harm in complying. The reason Apple CEO Tim Cook has pledged to fight a court’s order to assist the bureau is that he understands the danger of the underlying legal precedent the FBI is seeking to establish. Four important pieces of context are necessary to see the trouble with the Apple order.
Paul Merrell

EXCLUSIVE: Edward Snowden Explains Why Apple Should Continue To Fight the Government on... - 0 views

  • As the Obama administration campaign to stop the commercialization of strong encryption heats up, National Security Agency whistleblower Edward Snowden is firing back on behalf of the companies like Apple and Google that are finding themselves under attack. “Technologists and companies working to protect ordinary citizens should be applauded, not sued or prosecuted,” Snowden wrote in an email through his lawyer. Snowden was asked by The Intercept to respond to the contentious suggestion — made Thursday on a blog that frequently promotes the interests of the national security establishment — that companies like Apple and Google might in certain cases be found legally liable for providing material aid to a terrorist organization because they provide encryption services to their users.
  • In his email, Snowden explained how law enforcement officials who are demanding that U.S. companies build some sort of window into unbreakable end-to-end encryption — he calls that an “insecurity mandate” — haven’t thought things through. “The central problem with insecurity mandates has never been addressed by its proponents: if one government can demand access to private communications, all governments can,” Snowden wrote. “No matter how good the reason, if the U.S. sets the precedent that Apple has to compromise the security of a customer in response to a piece of government paper, what can they do when the government is China and the customer is the Dalai Lama?”
  • Weakened encryption would only drive people away from the American technology industry, Snowden wrote. “Putting the most important driver of our economy in a position where they have to deal with the devil or lose access to international markets is public policy that makes us less competitive and less safe.”
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  • FBI Director James Comey and others have repeatedly stated that law enforcement is “going dark” when it comes to the ability to track bad actors’ communications because of end-to-end encrypted messages, which can only be deciphered by the sender and the receiver. They have never provided evidence for that, however, and have put forth no technologically realistic alternative. Meanwhile, Apple and Google are currently rolling out user-friendly end-to-end encryption for their customers, many of whom have demanded greater privacy protections — especially following Snowden’s disclosures.
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