History has shown we cannot restrict this by implementing laws/rules, just look at the news to see how these laws are abused right now, accessing all our private data.
EDIT: ok i get your point now; I imagine the reason this 'technical backdoor' exists in the first place, is because Apple wants to be able to update that part of the OS in case of bugs. If they make it 'not-updateable' the backdoor is closed but then if problems arise, bugs can't be fixed (for example the recent Error 5/home button bug).
Even though this is incredibly unlikely, say for a moment that Apple has only hired developers that feel strongly that privacy is an inalienable right. If Tim Cook concedes to the FBI and gives the order that a hacked version of iOS is to be created, what happens if his developers refuse? Would Tim Cook be put in jail, or would the developers be jailed on contempt of court charges?
I see your code is speech point. I'm skeptical about it, because usually code is just code. It's meant to do something, not to express an idea. But I think there is some merit to the idea that code signing combines doing something (enabling code to be loaded) and communicating an idea (that the signer trusts the code). It's an interesting argument, certainly.
Can the government compel the creation of original tools and IP outside the typical operations of a business? If so should they be required to compensate the business? Does the business then own the IP or the government? What happens when compelling a company to create IP or perform process outside of its typical operations is a net loss regardless of compensation? Should it be required to notify stockholders? Is it legal to make investments based on this PARTICULAR kind of inside government information? What if the entire company's operation may be plausibly undermined by the operation?
I think a more relevant example here would be whether the government could compel a bank or financial company to create or alter its financial reporting tools to falsify data or misreport to the subject of an investigation.
That's essentially what I view to be the case here. In theory the procedure may be perfectly "lawful" but in practice is clearly overreach. We need case law around this. I believe this is as clear a case of overreach as Apple could wish for. Finally, I believe it should be legal precedent set in public for once.
I was only responding to the gp, in that it would be billable, but the real "cost" may be incalculable... not to mention the damage to near term and long term security, and future incursions into privacy built upon yielding here.
* I can't reply below this threshold but I'm enjoying the back and forth. People buy iphones because they believe that there are no ways to "trivially" access their personal information. Even for Apple to do so would be a breach of that trust. See: "Uber God Mode"
If the only reason they can't get at your data is because they haven't compiled some code yet that's ALMOST NO PROTECTION AT ALL! Anyone making a buying decision based on Apple's failure to compile a simple piece of code is nuts!
Like, if you gave me a private document while I had my eyes closed and I said "Trust me, I can't see your data, I have my eyes closed. And I'm not going to open them." that would be crazy right? Building GovOS is the equivalent of opening my eyes.
And even if that's true (which I really don't think it is) it's not a good enough reason.
Say I started a bank and marketed my bank as an especially secure one. "Even the FBI will never be able to see your bank records. I won't let them!" I bet some customers might be interested in that. Just because I had marketed my bank that way doesn't mean my bank would gain some special legal protection against warrants.
If the government wants to pass a law requiring phone makers like Apple to include a back door, then that's what they should do.
For me, this boils down to whether or not people are allowed to have strong encryption.
Its easy to see why DOD originally classified it as a munition. Video games have become a powerful tool for storytelling, education, performance art, and immersive experiences for a long time but they started out as artillery simulators and a means to practice war games. That mentality pervades and we still see Jump, Shoot, and Run as the primary dynamic by which we function in these amazing experiences. You're fighting against human instinct and hundreds of thousands of years of evolution. Against Dunbar's number, the core mechanic of trust and social engagement for millenia. I hope you're right, but I don't think it will be the sea-change you're expecting. Look at the adoption of bitcoin and remember that law enforcement is a retro-grade function of society. Underfunded and always behind the zeitgeist.
We don't ask the secret service to build the president's merchandising website, and we shouldn't expect the FBI to be able to articulate or comprehend the, "triviality" of undermining strong encryption.
I think it's great that you name specific parts of the government because not all parts of the government think strong encryption is a problem.
4PM in Chicago. I'm out of here.
That's an absurd point of view because the phone in question doesn't have strong encryption(1). If it did, there would be no way for Apple to trivially bypass it.
(1) Well it kind of does but by encouraging the use of an incredibly weak password it defeats the purpose of having any encryption at all really. If the San Bernardino shooters had used a real password we wouldn't be having this discussion.
The chance of there being anything valuable on that phone is pretty slim. Especially when you consider how much the government is willing to spend on it. I was just watching CNN and Apple has apparently detailed what it would take before they would consider writing the compromised version of the OS. The reporter claims it would cost about $50 million and the government has apparently said "no problem, we can pay that". Ugh.
Well, for Apple to develop this software, they would insist on it being developed in a locked down facility that doesn't currently exist (what Apple has is in use). I think they have said it's only about $100,000 of developer time (so maybe 2-3 months of work), but the infrastructure that would be necessary for the work to be done in a way that doesn't risk any leaks is expensive.
Apple has made the claim that code-is-speech. From that article:
> Wayne Giampietro, a Chicago-based lawyer and longtime member of the First Amendment Lawyer's Association, said that Apple is absolutely on solid ground with its argument.
Nobody is saying the government can't attempt to unlock the phone - or even compel Apple to provide technical information. But that's not what the FBI wants. They want to force Apple to take all the risk.
We can put the case into an even larger context and ask: should the FBI be able to compel [banks, accounting firms, insurance companies] to use their resources against their own and their Customers right to financial privacy? The answer to date, has been "yes." The right of the justice system to "every man's evidence",[1] has so far been thought to trump the interests of the customer relationship.
For decades, government has had the power to compel accounting firms and banks to search through their records (often at significant expense) to deliver information relevant to an investigation. I imagine those companies would love to be able to advertise that they won't cooperate with a government investigation of your taxes or financial transactions.
In my view, there are two different questions:
1) can the government ask Apple to unlock one iPhone; 2) can the government ask Apple to weaken security for all iPhones?[2]
The first question, at issue in this case, is something companies deal with all the time in many different contexts. The second question, on the other hand, may well be sui generis. I understand why Apple taking a stand on this particular hill--in their shoes I'd do it too. Better to "fight them over there so you don't have to fight them over here" so to speak.
I'm a little worried about the potential for blowback, though. The tech community is forced, in a way, to spread FUD to justify their argument as to (1). There are a lot of people who are confused by the reporting and think that this case involves the FBI requesting Apple to put backdoors in all of their phones, rather than leveraging an existing security weakness. That's not necessarily a great place to be in if you're found out.
[1] United States v. Nixon, 418 U.S. 683, 709 (1974).
[2] I don't think it's technically justifiable to say that (2) is implied by (1). Apple apparently already has the capability to subvert anyone's phones by using their signing keys to load weakened software. At a purely technical level, signing an "evil build of iOS" using an existing "backdoor" is different than introducing a backdoor into everyone's phone.