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Regardless of these individual defenses of encryption, the Intercept explained why these statements may be irrelevant: “Left unsaid is the fact that the FBI and NSA have the ability to circumvent encryption and get to the content too — by hacking. Hacking allows law enforcement to plant malicious code on someone’s computer in order to gain access to the photos, messages, and text before they were ever encrypted in the first place, and after they’ve been decrypted. The NSA has an entire team of advanced hackers, possibly as many as 600, camped out at Fort Meade.”

Rogers statements, of course, are not a full-fledged endorsement of privacy, nor can the NSA be expected to make it a priority. Even so, his new stance denotes a growing awareness within the government that Americans are not comfortable with the State’s grip on their data. “So spending time arguing about ‘hey, encryption is bad and we ought to do away with it’ … that’s a waste of time to me,” Rogers said Thursday. “So what we’ve got to ask ourselves is, with that foundation, what’s the best way for us to deal with it? And how do we meet those very legitimate concerns from multiple perspectives?”

Whether Apple customers have a real choice in mobile platforms, once they’ve bought into the company’s ecosystem, is another question. In theory, they could trade in their pricey hardware for devices that run Android, which offers equivalents of many iOS features and apps. In reality, Apple has built its empire on customer lock-in: making its own gadgets and services work seamlessly with one another, but not with those of rival companies. Tasks as simple as texting your friends can become a migraine-inducing mess when you switch from iOS to Android. The more Apple products you buy, the more onerous it becomes to abandon ship.

The case against Apple goes beyond iOS. At a time when Apple is trying to reinvent itself as a services company to offset plateauing hardware sales — pushing subscriptions to Apple Music, Apple TV+, Apple News+, and Apple Arcade, as well as its own credit card — the antitrust concerns are growing more urgent. Once a theoretical debate, the question of whether its App Store constitutes an illegal monopoly is now being actively litigated on multiple fronts.

The company faces an antitrust lawsuit from consumers; a separate antitrust lawsuit from developers; a formal antitrust complaint from Spotify in the European Union; investigations by the Federal Trade Commission and the Department of Justice; and an inquiry by the antitrust subcommittee of the U.S House of Representatives. At stake are not only Apple’s profits, but the future of mobile software.Apple insists that it isn’t a monopoly, and that it strives to make the app store a fair and level playing field even as its own apps compete on that field. But in the face of unprecedented scrutiny, there are signs that the famously stubborn company may be feeling the pressure to prove it.

Tile is hardly alone in its grievances. Apple’s penchant for copying key features of third-party apps and integrating them into its operating system is so well-known among developers that it has a name: “Sherlocking.” It’s a reference to the time—in the early 2000s—when Apple kneecapped a popular third-party web-search interface for Mac OS X, called Watson. Apple built virtually all of Watson’s functionality into its own feature, called Sherlock.In a 2006 blog post, Watson’s developer, Karelia Software, recalled how Apple’s then-CEO Steve Jobs responded when they complained about the company’s 2002 power play. “Here’s how I see it,” Jobs said, according to Karelia founder Dan Wood’s loose paraphrase. “You know those handcars, the little machines that people stand on and pump to move along on the train tracks? That’s Karelia. Apple is the steam train that owns the tracks.”From an antitrust standpoint, the metaphor is almost too perfect. It was the monopoly power of railroads in the late 19th century — and their ability to make or break the businesses that used their tracks — that spurred the first U.S. antitrust regulations.There’s another Jobs quote that’s relevant here. Referencing Picasso’s famous saying, “Good artists copy, great artists steal,” Jobs said of Apple in 2006. “We have always been shameless about stealing great ideas.” Company executives later tried to finesse the quote’s semantics, but there’s no denying that much of iOS today is built on ideas that were not originally Apple’s.

Deepface is the name of the new technology researchers at Facebook created in order to identify people in pictures; mimicking the way humans recognize the differences in each other’s faces. Facebook has already implemented facial recognition software (FRS) to suggest names for tagging photos; however Deepface can “identify faces from a side view” as well as when the person is directly facing the camera in the picture. In 2013, Erin Egan, chief privacy officer for Facebook, said that this upgrade “would give users better control over their personal information, by making it easier to identify posted photos in which they appear.” Egan explained: “Our goal is to facilitate tagging so that people know when there are photos of them on our service.” Facebook has stated that they retain information from their users that is syphoned from all across the web. This data is used to increase Facebook’s profits with the information being sold for marketing purposes. This is the impressive feature of Deepface; as previous FRS can only decipher faces in images that are frontal views of people. Shockingly, Deepface displays 97.25% accuracy in identifying faces in photos. That is quite a feat considering humans have a 97.53% accuracy rate. In order to ensure accuracy, Deepface “conducts its analysis based on more than 120 million different parameters.”

DHS’s face recognition roll-out is especially concerning. The agency uses mobile biometric devices that can identify faces and capture face data in the field, allowing its ICE (immigration) and CBP (customs) officers to scan everyone with whom they come into contact, whether or not those people are suspected of any criminal activity or an immigration violation. DHS is also partnering with airlines and other third parties to collect face images from travelers entering and leaving the U.S. When combined with data from other government agencies, these troubling collection practices will allow DHS to build a database large enough to identify and track all people in public places, without their knowledge—not just in places the agency oversees, like airports, but anywhere there are cameras.Police abuse of facial recognition technology is not a theoretical issue: it’s happening today. Law enforcement has already used face recognition on public streets and at political protests. During the protests surrounding the death of Freddie Gray in 2015, Baltimore Police ran social media photos against a face recognition database to identify protesters and arrest them. Recent Amazon promotional videos encourage police agencies to acquire that company’s face “Rekognition” capabilities and use them with body cameras and smart cameras to track people throughout cities. At least two U.S. cities are already using Rekognition.DHS compounds face recognition’s threat to anonymity and free speech by planning to include “records related to the analysis of relationship patterns among individuals.” We don’t know where DHS or its external partners will be getting these “relationship pattern” records, but they could come from social media profiles and posts, which the government plans to track by collecting social media user names from all foreign travelers entering the country.

New York State Attorney General Letitia James outlined in December a sweeping antitrust suit against Facebook by the Federal Trade Commission and a bipartisan group of 46 state attorneys general, targeting the company’s tactics against competitors. Photo: Saul Loeb/AFP via Getty Images (Video from 12/9/20)

The move to make Dublin the centre of its headquarters for Europe, the Middle East and Africa (EMEA) was announced last month and will take effect from Friday.In a statement at the time, Yahoo said Dublin was a natural home for the company and that it would be incorporated into Irish laws.The firm insisted the move was driven by "business needs … we believe it is in the best interest of our users. Dublin is already the European home to many of the world's leading global technology brands."However, the firm has been horrified by some of the surveillance programmes revealed by Snowden and is understood to be relieved that it will be beyond the immediate reach of UK surveillance laws.

Following the Guardian's disclosures about snooping on Yahoo webcams, the company said it was "committed to preserving our users trust and security and continue our efforts to expand encryption across all of our services." It said GCHQ's activity was "completely unacceptable..we strongly call on the world's governments to reform surveillance law."Explaining the move to Dublin, the company said: "The principal change is that Yahoo EMEA, as the new provider of services to our European users, will replace Yahoo UK Ltd as the data controller responsible for handling your personal information. Yahoo EMEA will be responsible for complying with Irish privacy and data protection laws, which are based on the European data protection directive."Emma Carr, deputy director of Big Brother Watch, said: "It should not come as a surprise if companies concerned about maintaining their users' trust to hold their information start to move to countries with more rigorous oversight processes, particularly where courts oversee requests for information." Surveillance laws have a direct impact on our economy and Yahoo's decision should be ring an alarm in Parliament that ignoring the serious questions about surveillance that are being debated around the world will only harm Britain's digital economy."

From Friday, investigators may have to seek information by using a more drawn out process of approaching Yahoo through a Mutual Legal Assistance Treaty between Ireland and the UK.

We had the data in a relational database format in SQL, and thanks to ETL (Extract, Transform, and Load) software Talend, we were able to easily transform the data from SQL to Neo4j (the graph-database format we used). Once the data was transformed, it was just a matter of plugging it into Linkurious, and in a couple of minutes, you have it visualized—in a networked way, so anyone can log in from anywhere in the world. That was another reason we really liked Linkurious and Neo4j—they’re very quick when representing graph data, and the visualizations were easy to understand for everybody. The not-very-tech-savvy reporter could expand the docs like magic, and more technically expert reporters and programmers could use the Neo4j query language, Cypher, to do more complex queries, like show me everybody within two degrees of separation of this person, or show me all the connected dots…

We believe in open source technology and try to use it as much as possible. We used Apache Solr for the indexing and Apache Tika for document processing, and it’s great because it processes dozens of different formats and it’s very powerful. Tika interacts with Tesseract, so we did the OCRing on Tesseract. To OCR the images, we created an army of 30–40 temporary servers in Amazon that allowed us to process the documents in parallel and do parallel OCR-ing. If it was very slow, we’d increase the number of servers—if it was going fine, we would decrease because of course those servers have a cost.

For the visualization of the Mossack Fonseca internal database, we worked with another tool called Linkurious. It’s not open source, it’s licensed software, but we have an agreement with them, and they allowed us to work with it. It allows you to represent data in graphs. We had a version of Linkurious on our servers, so no one else had the data. It was pretty intuitive—journalists had to click on dots that expanded, basically, and could search the names.

The US intelligence community’s broadest surveillance authorities are enshrined in Executive Order 12333, which primarily covers the interception of electronic communications overseas. The Order authorizes the collection, retention, and dissemination of “foreign intelligence” information, which includes information “relating to the capabilities, intentions or activities of foreign powers, organizations or persons.” In other words, so long as they are operating outside the US, intelligence agencies are authorized to collect information about any foreign person — and, of course, any Americans with whom they communicate. The NSA has conceded that EO 12333 is the basis of most of its surveillance. While public information about these programs is limited, a few highlights give a sense of the breadth of EO 12333 operations: The NSA gathers information about every cell phone call made to, from, and within the Bahamas, Mexico, Kenya, the Philippines, and Afghanistan, and possibly other countries. A joint US-UK program tapped into the cables connecting internal Yahoo and Google networks to gather e-mail address books and contact lists from their customers. Another US-UK collaboration collected images from video chats among Yahoo users and possibly other webcam services. The NSA collects both the content and metadata of hundreds of millions of text messages from around the world. By tapping into the cables that connect global networks, the NSA has created a database of the location of hundreds of millions of mobile phones outside the US.

Given its scope, EO 12333 is clearly critical to those seeking serious surveillance reform. The path to reform is, however, less clear. There is no sunset provision that requires action by Congress and creates an opportunity for exposing privacy risks. Even in the unlikely event that Congress was inclined to intervene, it would have to address questions about the extent of its constitutional authority to regulate overseas surveillance. To the best of my knowledge, there is no litigation challenging EO 12333 and the government doesn’t give notice to criminal defendants when it uses evidence derived from surveillance under the order, so the likelihood of a court ruling is slim. The Privacy and Civil Liberties Oversight Board is currently reviewing two programs under EO 12333, but it is anticipated that much of its report will be classified (although it has promised a less detailed unclassified version as well). While the short-term outlook for additional surveillance reform is challenging, from a longer-term perspective, the distinctions that our law makes between Americans and non-Americans and between domestic and foreign collection cannot stand indefinitely. If the Fourth Amendment is to meaningfully protect Americans’ privacy, the courts and Congress must come to grips with this reality.