Group items tagged

If the U.S. Department of Justice asks a New York court to force Apple Inc to unlock an iPhone, the technology company could push the government to reveal how it accessed the phone which belonged to a shooter in San Bernardino, a source familiar with the situation said.The Justice Department will disclose over the next two weeks whether it will continue with its bid to compel Apple to help access an iPhone in a Brooklyn drug case, according to a court filing on Tuesday.The Justice Department this week withdrew a similar request in California, saying it had succeeded in unlocking an iPhone used by one of the shooters involved in a rampage in San Bernardino in December without Apple's help.The legal dispute between the U.S. government and Apple has been a high-profile test of whether law enforcement should have access to encrypted phone data.

Apple, supported by most of the technology industry, says anything that helps authorities bypass security features will undermine security for all users. Government officials say that all kinds of criminal investigations will be crippled without access to phone data.Prosecutors have not said whether the San Bernardino technique would work for other seized iPhones, including the one at issue in Brooklyn. Should the Brooklyn case continue, Apple could pursue legal discovery that would potentially force the FBI to reveal what technique it used on the San Bernardino phone, the source said. A Justice Department representative did not have immediate comment.

The encryption debate dates back to Clinton administration proposals for the “clipper chip” and mandatory deposit of decryption keys. But that debate reached new prominence in connection with the FBI’s efforts to compel Apple to decrypt the phone of a dead terrorist in the San Bernardino case. A new study by the National Academies of Sciences, Engineering, and Medicine tries to shed some light, and turn down the heat, in the debate over whether government agencies should be provided access to plaintext versions of encrypted communications and other data. FBI and other law enforcement officials, and some intelligence officials, have argued that in the face of widespread encryption provided by smart phones, messaging apps, and other devices and software, the internet is “going dark.” These officials warn that encryption is restricting their access to information needed for criminal and national security investigations, arguing that they need a reliable, timely and scalable way to access it. Critics have raised legal and practical objections that regulations to ensure government access would pose unacceptable risks to privacy and civil liberties and undermine computer security in the face of rising cyber threats, and may be less necessary given the wider availability of data and alternative means of obtaining access to encrypted data. As the encryption debate has become increasingly polarized with participants on all sides making sweeping, sometimes absolutist, assertions, the new National Academies’ report doesn’t purport to tell anyone what to do, but rather provides a primer on the relevant issues.

A week ago, we saw a procession of nervous headlines after the Times and then Bloomberg reported that Facebook, its messaging platform WhatsApp and others would now be forced to disclose encrypted messages to law enforcement agencies under a new treaty between the U.S. and the U.K. As I commented at the time, these reports were misleading, mixing up agreements to share data that already exists with changes in the law to break encryption. But now the U.S. and U.K., as well as Australia, are set to write to Facebook to request that the company pauses its plans for cross-platform messaging encryption until backdoors can be added, citing public safety and serious crime as its reasons.EFF described the letter as an “all-out attack on encryption... a staggering attempt to undermine the security and privacy of communications tools used by billions of people,” and urged Facebook not to comply. The organization warned that the move would endanger activists and journalists, and could be used by “authoritarian regimes... to spy on dissidents in the name of combatting terrorism or civil unrest.”

In the plethora of copyright lawsuits against artificial intelligence developers, a pair of complaints filed on Wednesday against OpenAI and related defendants stands out.Unlike most of the authors, artists and news organizations that have sued AI developers, The Intercept Media, opens new tab and Raw Story Media, opens new tab are not alleging straightforward copyright infringement claims. The media companies are instead asserting only that OpenAI and its co-defendants violated the Digital Millennium Copyright Act, or DMCA, deliberately undermining their copyrights by stripping identifying information out of articles used to train the AI system behind the popular chatbot ChatGPT.As my Reuters colleague Blake Brittain reported on Wednesday, the 1998 federal DMCA statute prohibits the removal of information that can help copyright holders detect infringement, including article titles, author names and copyright dates.