News for hackers. Stuff that matters.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Thursday March 17, 2016 @09:34PM (#11309207)
They could be fined hundreds of thousands daily for refusing to act. We recently found out this happened to Yahoo in 2008 [1] via the FISA court. Apple shareholders wouldn't like that.

I'm pretty sure Tim Cook and his lawyer mean it when they say they will comply with the law. Apple engineers need not worry so much about quitting their jobs over this. If I were there I would stick with Tim Cook. Consider,

If Apple loses this case, this becomes a gigantic public debate where we scramble to enact legislation that removes this power from the government.

If Apple wins this case, and the government pursues anti-encryption laws, this becomes a gigantic public debate.

If the case is delayed for 2 years and goes to the supreme court, this becomes a gigantic public debate.

Regardless, since this is in the public sphere, whether-or-not-we-put-back-doors-in-phones is going to become a gigantic public debate.

The only way it doesn't become a big debate is if Obama comes out and says he's been informed on the issue and now realizes encryption in our phones is, on balance, a good thing.

[1] http://www.theguardian.com/world/2014/sep/11/yahoo-nsa-lawsu...

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by gaur on Friday March 18, 2016 @12:45AM (#11309968)
> this becomes a gigantic public debate where we scramble to enact legislation that removes this power from the government.

No such thing will happen. The public will forget this ever happened, and politicians will do nothing to prevent the government from doing this again.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by s_q_b on Friday March 18, 2016 @07:01AM (#11310972)
Well, my tech-illiterate grandfather knows about this debate, and all he can understand is that the FBI has a terrorist's phone and Apple is obstructing their investigation.

He thought encryption was something we could easily ban, and he's a civil engineer. I walked him through it mathematically, then gave examples until he understood, but not everyone has a technical background.

We are losing because we aren't presenting an alternative public narrative.

We must educate the public on the necessity of strong encryption to the modern economy, and the danger of backdoors. Even getting them to imagine how the Soviets would have used this technology is usually enough to get the greatest generation and the boomers to at least think.

We won against the Clipper chip, munitions classifications, export grade encryption, 96-bit maximum key sizes, and SOPA.

We can win here.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by kelseydh on Friday March 18, 2016 @09:44AM (#11311712)
The problem is people have a hard time of wrapping their head around the idea that an encryption backdoor, once created, is at extreme risk of being leaked to others and can not be contained.

This is something that I find is hard to explain to nontechnical people because it isn't intuitive of our understanding of the real world.

E.g. "If a bank can keep my money from being stolen, then surely you can keep this backdoor from being stolen, so stop complaining and just do it already!" -- As Trump would probably say when ordering it done, echoing the sentiments of many.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by oddevan on Friday March 18, 2016 @10:02AM (#11311813)
Point to TSA locks and the New York City master keys. Both systems are similar enough to encryption backdoors, and both systems have already been compromised.

NYC: http://daringfireball.net/linked/2016/03/12/new-york-1620 TSA: http://www.engadget.com/2015/09/11/tsa-master-baggage-keys-3...

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by cubano on Friday March 18, 2016 @08:36AM (#11311316)
It was 56-bit maximum key size btw.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by acveilleux on Friday March 18, 2016 @11:20AM (#11312337)
And before that 40-bit RC2 and RC4 were the strength that was easily exportable, which was laughable.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @01:03AM (#11310017)
I don't plan to let that happen. Do you?

I'll fight this as long as it's under discussion. Talk to your friends and family, contact your representatives and let them know you care.

If we as technologists, the only ones who understand the tech side of things, are silent, then yes this defeatist attitude will win.

We need not be silent.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by madaxe_again on Friday March 18, 2016 @09:01AM (#11311462)
My friends and family have largely disowned me as a "Terrorist sympathiser" over this and other similar matters - convincing arguments based in fact and logic are nothing in the face of loud and blustery arguments - if it was said on TV, or by a politician, it must be true. This holds in the minds of most.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by gaur on Friday March 18, 2016 @03:44AM (#11310433)
> contact your representatives and let them know you care.

Unless you have a lot of money, your representatives don't care.

It seems like the only way to make progress is to support stronger encryption, with less of a possibility of engineering backdoors.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @04:21AM (#11310539)
You may enjoy This American Life's episode on "Take the Money and Run for Office" [1]

> Dick Durbin: I think most Americans would be shocked-- not surprised, but shocked-- if they knew how much time a United States senator spends raising money. And how much time we spend talking about raising money, and thinking about raising money, and planning to raise money. And, you know, going off on little retreats and conjuring up new ideas on how to raise money. [2]

...

> Barney Frank: If the voters have a position, the votes will kick money's rear end any time. I've never met a politician-- I've been in the legislative bodies for 40 years now-- who, choosing between a significant opinion in his or her district and a number of campaign contributors, doesn't go with the district. [2]

The point is, if they are voted out they lose their jobs and income, therefore they must listen to voters. I'm not saying I support super PACs or anything, but I find it comforting to know that if we come together on something then we do have a role in the democratic process that is stronger than money.

[1] http://www.thisamericanlife.org/radio-archives/episode/461/t...

[2] http://www.thisamericanlife.org/radio-archives/episode/461/t...

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by wyldfire on Friday March 18, 2016 @09:05AM (#11311485)
So is there a super PAC that supports the agenda of encryption as a right? If not, should we make one?
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @11:31AM (#11312408)
We are! Sort of. Not a money-raising PAC, but rather a campaign to educate people about encryption in ways that are understandable by non-techies. A few of us plan to make a website and a fun campaign name. If you're interested in being involved, send me an email at stillastudent on google's email service.

Or make your own campaign. The more, the merrier.

There is also the EFF, and an organization called Fight for the Future which is currently running a campaign called Save Security. I'm in touch with both about working together. Tech companies will also lobby for stuff themselves. I'm not sure whether the likes of Facebook, Google and Apple are coordinating on this issue yet or not.

My thought is to do this campaign at zero cost and on donated developer time. I don't plan to register as a 501(c)3 or take donations. I'm hoping Obama changes his mind and there is no need for a campaign. But, if that doesn't happen, I hope we can present the facts to non-techies and share some reasonable arguments techies can use when talking with friends or family, or when contacting representatives. I've read a lot of good arguments online. I think it's just a matter of putting them in one referable location, and making them relatable to non-techies.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by choosername on Saturday March 19, 2016 @08:55PM (#11321255)
If that's not a propaganda piece, it's still anecdotal.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by nickff on Friday March 18, 2016 @03:56AM (#11310470)
This is not true; there are any number of studies and interviews which have shown that elected representatives will only act in favor of donors if the voters are silent or supportive. No congressman or senator will ignore dozens of letters and phonecalls (, though there has been some debate as to the utility of e-mails).
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by CWuestefeld on Friday March 18, 2016 @10:55AM (#11312176)
I don't see why the myth persists. If money really did speak so loudly, Jeb! would already have clinched the GOP nomination.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by afarrell on Friday March 18, 2016 @11:10AM (#11312271)
Apple has $38 Billion in liquid assets [1]. Facebook has $18 Billion [2]. Amazon has $20 Billion [3]. Alphabet (fka Google) has $73 Billion [4]. Microsoft has $102 Billion [5]. In the last quarter of 2015, the largest companies by market capitalization were Apple, Alphabet, and Microsoft [6].

All of the companies I've mentioned have filed or joined in an Amicus Curiae brief in support of Apple [7]. If money mattered more than voters, then congress would have already passed a bill to satisfy the wishes of America's most financially successful company.

Why haven't they? Because money can only buy advertising and campaign staff. It can't buy votes and votes are what keep them in office.

[1] https://ycharts.com/companies/AAPL/cash_on_hand

[2] https://ycharts.com/companies/FB/cash_on_hand

[3] https://ycharts.com/companies/AMZN/cash_on_hand

[4] https://ycharts.com/companies/GOOG/cash_on_hand

[5] https://ycharts.com/companies/MSFT/cash_on_hand

[6] https://en.wikipedia.org/wiki/List_of_public_corporations_by...

[7] http://www.apple.com/pr/library/2016/03/03Amicus-Briefs-in-S...

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by lhc- on Friday March 18, 2016 @12:23PM (#11312802)
Another take on this issue is that the FBI and NSA have a strong opposing interest. While they may not lobby in the same sense as Apple etc., they do represent law enforcement, which is an enormously powerful lobby in the US. So all those private companies are on one side, sure, but US law enforcement is on the other, and that's quite a fight (and one that law enforcement has been winning for a long time now).
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by afarrell on Friday March 18, 2016 @10:34PM (#11316983)
But what is it that makes law enforcement a more powerful lobby? The average cop with several years of experience makes significantly less than an engineer straight out of college.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by jaredklewis on Friday March 18, 2016 @07:07AM (#11310989)
Unfortunately, any technological progress is hostage to public policy.

Unless the voting public starts valuing their privacy more, the government can simply legislate around stronger crypto.

They can mandate key escrow, ban encryption altogether, or be old fashioned about it and send letters demanding you hand over the private key. Don't like it? Go to jail.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by Intermernet on Friday March 18, 2016 @04:00AM (#11310481)
I hate to break this to you, but the majority of people no longer remember the name Snowden. Give it 6 months and this will be such old news that you'll sound like a nut trying to get the majority of people to care about it.

The window of opportunity is short, and closing every day.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by madaxe_again on Friday March 18, 2016 @09:02AM (#11311468)
Oh, they remember the name Snowden, in the same way as their alter egos remember the name Goldstein. Snowden the great traitor, the demagogue, the terror-sympathiser, the subject of the five minutes hate.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by pducks32 on Friday March 18, 2016 @02:46AM (#11310312)
I'm with you there
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by lolidaisuki on Friday March 18, 2016 @04:37AM (#11310570)
Most "technologists" who talk about this don't really understand the tech side of this thing.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by LordKano on Friday March 18, 2016 @11:06AM (#11312236)
You are absolutely correct.

I remember being told that I was paranoid when I had concerns about CALEA. I was worried that it would be used for purposes other than warrant-backed monitoring of actual criminals and criminal suspects.

Here we are, 20 years later and even though there's no evidence that things are quite as bad as I feared, it's certainly much more invasive than we were told it would be.

Even the most controversial and contentious of issues are quickly forgotten or mis-remembered by the public.

This IS the last stand on this front. If Apple loses, we all lose.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by TheCondor on Friday March 18, 2016 @10:18AM (#11311915)
I completely agree. In fact there is already a mechanism for doing what they want done, generally. They get a search warrant, they get a judge to compel a suspect to unlock his phone, refusal results in jail time for contempt of court. There is prior law for all of that. Nobody seems to care that we are talking about doing the search without the judiciary. This is all purely for fishing. Either fishing or they believe that there are all these real life episodes of 24 being played out, which isn't true.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by enraged_camel on Thursday March 17, 2016 @09:48PM (#11309261)
I'm not seeing any sort of "gigantic public debate." Sure, it looks that way from within our tech bubble, but let's be real: the overwhelming majority of people in the United States do not give a shit and could not care less. And among the remaining small minority, encryption is way down on the list of issues they care about and choose to spend time and mental energy on.

Further complicating things is the fact that this is a complex topic and most people (including almost all lawmakers and law enforcement agencies) are too ignorant to understand the important nuances, and they have no interest in changing that because, frankly, encryption is hard.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @01:25AM (#11310082)
> too ignorant to understand the important nuance

Lindsey Graham came around. Sam Harris changed his point of view after a fairly combative initial stance against technologists.

We will never know if we can inform the public unless we try. There are some good analogies out there supporting encryption. Use them. I recommend the one from Sam Harris' third video on the subject. There is also the whack-a-mole argument.

Honestly, the biggest thing standing in the way of the public being informed is not the unwillingness of the public to listen. It's the technologists' unwillingness to try to educate them.

I understand your trepidation. In life, we scientists are often ignored. But sometimes we are right and I do feel if we push hard here we can figure out ways to reach people.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by hobs on Friday March 18, 2016 @01:50AM (#11310164)
The technologists are constantly ignored by the populace, and major news outlets have been braying about this for years, Snowden being the most recent gigantic newsworthy event where it was in-arguably shown the united states spies on us way more than it lets on, and we should choose encryption if we value our privacy.

What is the outcome of this major revelation? Much of the public thinks no different than before in regards to government spying or encryption, and security practices are not fundamentally different even after years of media advertising what happened. Many people don't even know the significance of Snowden.

We should definitely push harder for the correct stance on encryption but I cant help and think your hope is a bit pollyannish.

How many interviews did Tim Cook give again? How many news outlets brayed this at the top of their lungs? https://www.google.com/search?q=new+york+times+apple+fbi&ie=...

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by ethbro on Friday March 18, 2016 @02:18AM (#11310236)
Snowden and the NSA dragnet are a bit more abstract than a personal right to encryption on a device in ones ownership.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by tremon on Friday March 18, 2016 @07:54AM (#11311141)
How so? To me, dragnet surveillance is a lot easier to explain and conceptualize to non-techies than personal encryption. And I use encryption on all my devices (except my android phone, it's still running 4.x)
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by kelseydh on Friday March 18, 2016 @09:58AM (#11311792)
One aspect is the difference in opponent. Until recently most people thought NSA-level surveillance only applied if you were a national security threat like Osama Bin Laden.

In this case we're talking about the FBI wanting access for regular police cases. That touches way closer to reality for many.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @02:19AM (#11310239)
> I cant help and think your hope is a bit pollyannish.

See, it's words like pollyannish that we shouldn't be using when engaging the public. Only kidding. But I did need to look that one up. Thanks for making me think about it. I'd say it describes me well.

If you think that is a worthless way to look at the world, then that is my problem right? What skin is it off your back?

Regardless of whether you see good in other people or not, the fact is people can and do learn about things and change their points of view. You can't point to an uninformed mass and say they are incapable of learning. En masse, yeah I agree, we can't flip a switch, but that's the way it should be. People have their own brains and should use them. We just need to present the facts about encryption in a manner that is clear for non-techies. I think there are a lot of ways to do that. If you aren't up for it, that is your decision and I support you in that.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by oh_sigh on Friday March 18, 2016 @02:19AM (#11310242)
What was sam harris's point of view?
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @03:06AM (#11310350)
Oh his is great! I couldn't summarize it sufficiently.

Basically, he did a complete 180.

You should listen to both his first [1] and third [2] podcast on the subject. In the first one he really lambasted supporters of encryption, and in the third he changed his view completely.

He quotes a good analogy here [3] and concludes his thoughts with a final opinion here [4]

I don't fault him for his first podcast. He came up with a reasonable point of view given the facts he understood. And when presented with new information, he changed his mind.

[1] https://www.youtube.com/watch?v=ZQAmlVFjJ9k

[2] https://youtu.be/9HK4IBscfMQ

[3] https://youtu.be/9HK4IBscfMQ?t=2m33s

[4] https://youtu.be/9HK4IBscfMQ?t=4m50s

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by vc98mvco on Friday March 18, 2016 @08:50AM (#11311401)
Thank you! Can you also link the second podcast?

Edit

Here it is: https://www.youtube.com/watch?v=Yp6IhjK75oE

[dead]
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by dang on Friday March 18, 2016 @02:57PM (#11314006)
We ban accounts that comment like this, so please don't comment like this. Instead, comment if you have something civil and substantive to say, and not if you don't.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @05:01AM (#11310633)
Not at all. I'm saying the opposite.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by peteretep on Thursday March 17, 2016 @09:50PM (#11309268)
When you look at how well protected Americans health records are, and how judges have said a search of your person doesn't extend to your phone, I think you are entirely wrong to suggest this doesn't extend beyond the tech industry.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by ohyeshedid on Thursday March 17, 2016 @10:36PM (#11309479)
You're correct as everything is dependent on the tech industry. That's part of why this is such an important fight for Apple, because it directly effects just about any industry that requires privacy these days.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by lolidaisuki on Friday March 18, 2016 @04:42AM (#11310579)
It doesn't even seem like "gigantic public debate" among the technological groups. There is very minimal amount of actual debating happening.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by ohyeshedid on Thursday March 17, 2016 @10:40PM (#11309497)
Exactly.

People are already aware. It's being covered in all forms of media, across all demographics. Awareness and understanding are wildly different concepts. People are aware, they just don't understand. The public can't be properly educated in the matter, because it's so nebulous and complex that it requires dedication to understand it. That goes for most of the issues we face as a society.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @01:17AM (#11310061)
That's so defeatist. How do you know unless you try? You are the one with the knowledge. Try!
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by ohyeshedid on Friday March 18, 2016 @02:22AM (#11310251)
No, its acknowledgement that sometimes the few are left to defend the rights of many. This is how it works in a lot of areas. If Apple loses this round, our best hope is they push this debate to the SCOTUS and set the proper precedent there. Educating the masses isn't going to change much, as we have no say in the current system.

Think about this: Do you think the President, or any of the candidates, know much of anything about technology? Do you think they understand the intricacies of encryption? Would they even be able to name standard cypher suites? No, because that's not part of their education or job function. They rely on the few, their advisors, just like they do with most major issues.

I've seen your comments on this story, more power to you for wanting to start a grassroots education movement. I've also seen you muddy the waters with making comments about anti-encryption laws; this is an extremist fabrication on your part and not part of the actual current issues. As I've said elsewhere, directly in response to you, the outcome may be similar but the approach is completely different. If you manipulate outrage to reach your desired goal, you're just as bad as they are. You could've taken the time to read my other comments about this before declaring me defeatist, but instead you jumped to conclusions based on a small sampling; is this what your education is about?

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by thwarted on Friday March 18, 2016 @03:30AM (#11310403)
Do you think the President, or any of the candidates, know much of anything about technology? Do you think they understand the intricacies of encryption? Would they even be able to name standard cypher suites? No, because that's not part of their education or job function. They rely on the few, their advisors, just like they do with most major issues.

How far down the advisor and lackey chain do you need to go before you get to someone who does understand the intricacies of encryption? Can name the standard cipher suites? Because I bet none of the advisers to the candidates or POTUS know those things either. This is not any of their jobs either.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by ohyeshedid on Friday March 18, 2016 @01:11PM (#11313221)
Which is the larger concept I'm trying not to expound on too much.

Complete government reform and transparency are what is needed to correct most of the huge problems our world faces. Who has the ear of the king, can they be trusted, are they qualified, who has their ear, etc.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @03:26AM (#11310393)
> If Apple loses this round, our best hope is they push this debate to the SCOTUS

[editing what I wrote, I missed something you said]

I believe our best hope is to start informing the public about encryption so that when more laws about encryption start appearing, then they are knowledgeable enough to let their representatives know how they feel about it. The idea is to inform enough so that the government is unable to spread FUD and an alarmist view that we will be safer when US phones have back doors. Because we won't. Other encryption tools exist that are not governable by the US.

[end edit]

> Think about this: Do you think the President, or any of the candidates, know much of anything about technology?

No. I've been thinking this for 8 years since patent trolls started becoming a nuisance. I'm happy to see we now have a couple of computer science graduates as representatives, including Ted Lieu who has been pretty vocal on this DOJ vs. Apple case.

> because that's not part of their education or job function

Hmm. They're supposed to have advisors or lobbyists for this. My argument is, in part, tech is missing a sufficient amount of those in the White House and DC. There can and should be more.

> I've seen your comments on this story, more power to you for wanting to start a grassroots education movement. I've also seen you muddy the waters with making comments about anti-encryption laws; this is an extremist fabrication on your part and not part of the actual current issues. As I've said elsewhere, directly in response to you, the outcome may be similar but the approach is completely different. If you manipulate outrage to reach your desired goal, you're just as bad as they are. You could've taken the time to read my other comments about this before declaring me defeatist, but instead you jumped to conclusions based on a small sampling; is this what your education is about?

Sorry hold up a moment here. Since when is providing facts muddying the waters? In most of my comments I'm citing sources directly. I also welcome debate. There literally are laws on the table at the state level in NY and CA that would require phone manufacturers to only sell phones that are decryptable when they are sold. Is it muddying the waters to call these anti-encryption bills? What would you call them?

I certainly wouldn't call what I wrote extremist.

I'm sorry if you're offended by what I wrote. I have no control over that. You are the one claiming the populace can't be educated. I have difficulty seeing how a person who clearly benefited from some form of education growing up can stand by this particular viewpoint. However, I do respect your opinion, and I apologize if I missed some of your remarks and mischaracterized your position. HN doesn't have any notification system for comments, so I probably miss some. I can't be expected to read every comment from one user before I respond to one of their comments can I? Please feel free to email me if you would like to discuss it further, or I can talk on the phone.

I'm not trying to manipulate anybody. I'm saying, let's put facts on the table and let people decide for themselves. If some people choose to ignore the facts, that's fine. If some technologists don't want to participate in sharing the facts, that's fine. But what's wrong with encouraging technologists to try? Again I welcome criticism of any of the words I write. If I'm being biased in some way I want to know about it, because if I appear biased here on HN then it will be more obvious to the layperson.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by ohyeshedid on Friday March 18, 2016 @01:08PM (#11313185)
Shortish response here. You didn't offend me, man, and I don't stand in opposition to your ideals. What bothers me is that you're advocating public education whilst providing inaccurate narrative. You, yourself, have suggested education through analogies; that in and of itself demonstrates that the concept is too complex for proper education. You have to simplify it, which belies and confuses the depth of the topic. No, that's not anti-encryption law. Anti-encryption would mean there is no encryption, which will never happen; instead it tries to force backdoor encryption which could have a similar effect but is not the same thing. This is the fallacy of trying to simplify the concepts for the masses, and a byproduct of our modern media and information dissemination.

The narrative you've put forth is: "They're trying to remove encryption entirely so we aren't safe." when in reality it's "They're trying to backdoor our encryption, which makes us feel safe even though we aren't". The former conveys an obvious threat, while the latter conveys a much deeper and nebulous threat. I have to explain this concept to you, and we're both invested in the industry and the technologies involved; Do you think grandma is going to be aware of it, understand it, and take meaningful action? Considering the long and continuing overreach of TSA/DHS/FBI/NSA, the odds are slim. That sucks, but it's a reality. Your narrative wasn't an intentional manipulation, but an accident due to inaccuracies and misrepresentations; all too often the people on the other side do it intentionally.

I agree there can and should be more educated people responsible for legislation in the government, but that's part of a larger problem; The need for complete reform and transparency. The system in its entirety is broken and ineffectual and that's not likely to change any time soon. While we vote for a candidate, we elect a cabinet we usually don't even know about until the election is over. Think about that for a second. Now add in the fact that modern law enforcement will break rules first before being eventually regulated. The FBI and NSA have learned to follow the curve we've been using for years: Technology and innovation outpace regulation. This is just one tiny aspect of the overall complexity of this one single problem.

I would say it's not that technologists don't want to participate, it's that we have learned to direct our focus and energy to where it has the most impact; or realize that we don't have control to exert and choose to support those that do.

You, sir, keep being awesome and do what you feel is right. Just make sure you don't oversimplify massive problems for the sake of spreading awareness. That leads to people starting fights with misinformation; drugs are bad, muslims are terrorists, poor people are lazy, etc, etc.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by studentrob on Friday March 18, 2016 @09:55PM (#11316824)
Thank you for challenging my thoughts on the subject. I'll consider what you write here as we come up with messaging. I agree with characterizing the situation as pro/anti back door rather than pro/anti encryption.

Note that this is still an analogy. For better or for worse, analogies are used often in education. They're not the whole picture but they are a tool or gateway to other knowledge, if you will.

Anyway thanks again and I look forward to more critical feedback from you should we get a site off the ground. I can't say I'll necessarily agree but I will try to read and consider what you write.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by melvinmt on Thursday March 17, 2016 @09:56PM (#11309295)
> They could be fined hundreds of thousands daily for refusing to act.

Apple's revenue is $658 million per day (2015), not sure if they care too much about "hundreds of thousands".

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by dolske on Friday March 18, 2016 @02:07AM (#11310214)
The feds threatened Yahoo with a fine of $250,000/day, _doubling every week_. It doesn't take long for that to become astronomical.

https://www.washingtonpost.com/news/the-switch/wp/2014/09/15...

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by EGreg on Friday March 18, 2016 @02:39AM (#11310296)
How does the government merely name a number out of thin air and the company now has to pay it? Can the government just declare the moon to be their property tomorrow? How would they enforce the delivery of these funds?
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by SturgeonsLaw on Friday March 18, 2016 @04:00AM (#11310482)
At its core, the government can enforce arbitrary declarations because they have the ability to use force against those who don't comply - ie; they control the prisons, the police and the armies.

"Political power grows out of the barrel of a gun" - Mao Zedong

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by swombat on Friday March 18, 2016 @07:29AM (#11311053)
At the same time, there are numerous historical examples of non-violent non-compliance nullifying that power. For example, when the Danish just refused to help the Nazis to isolate, persecute and exterminate Jews in their country, the Nazis weren't actually able to do all that much to change that.

People at Apple just refusing to assist the government is, in a way, the government's worst nightmare: it shows just how little power they actually have.

Some weak forms of political power grow out of the barrel of a gun. True power grows from the consent and support of the governed. Withdraw that consent, and the gun is shown to be a pitifully ineffective tool of government. Maybe this is a historical lesson we need to re-learn.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by nucleardog on Friday March 18, 2016 @07:32PM (#11316149)
Or to put it another way:

"You don't really own anything that you couldn't carry at a dead sprint while firing an AK-47 over your shoulder."

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by dTal on Friday March 18, 2016 @06:48AM (#11310926)
I dunno, it seems a bit like saying the dollar has value because of the gold in Fort Knox. Possibly it was once true, and it provides a pleasing sense of solidity to an intangible thing, but the scary reality is that it's largely down to social convention. If enough people rejected the legitimacy of government wholesale, its power would evaporate and brute force would not restore it.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by kelseydh on Friday March 18, 2016 @09:48AM (#11311728)
As Max Weber would say, the government has a monopoly on the legitimate use of physical violence.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by spacehome on Friday March 18, 2016 @11:22AM (#11312350)
That's not a very insightful definition because it pushes the question to what is "legitimate".
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by marssaxman on Saturday March 19, 2016 @01:19PM (#11319366)
Some governments may claim such a monopoly, but in the most parts of the USA, at least, private citizens have not completely delegated their right of self-defence through physical violence.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by mryan on Friday March 18, 2016 @03:25AM (#11310391)
> How does the government merely name a number out of thin air and the company now has to pay it?

Presumably it is not a random number, but is calculated based on factors like the company's revenue. A $250k fine would kill most small businesses. Google/Apple could pay it indefinitely without breaking a sweat. So it makes sense to me that the fine has a very wide range depending on the situation.

> Can the government just declare the moon to be their property tomorrow?

No. The United Nations Outer Space Treaty prevents nations from claiming the moon as territory (although the US could withdraw from this treaty, wait one year, and then claim the moon).

> How would they enforce the delivery of these funds?

The same way they enforce collection of taxes. Bank accounts can be frozen, property can be seized, perhaps corporate leaders could be arrested for brazenly ignoring an order to pay.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by BinaryIdiot on Thursday March 17, 2016 @11:26PM (#11309665)
Haven't there been situations in which government fines can increase exponentially? If something like that applied to Apple it could drive them to bankruptcy very quickly. In theory at least; not sure if the government would actually do that.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by daurnimator on Thursday March 17, 2016 @10:04PM (#11309338)
revenue != profits.

Will people please stop quoting revenue figures for things like this.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by beedogs on Thursday March 17, 2016 @11:21PM (#11309646)
Their profits are still in the dozens of millions, per day. Will people please stop splitting hairs?
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by hamiltonkibbe on Friday March 18, 2016 @02:02AM (#11310199)
1 order of magnitude difference isn't my definition of splitting hairs
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by s_q_b on Friday March 18, 2016 @06:57AM (#11310956)
Apple has quarter trillion dollars of cash on hand. Without calculating interest or expected value, at 100k a day, Apple could hold out for over a millennium.

I'm sure Apple has a legal army gaming out each one of these scenarios.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by acqq on Friday March 18, 2016 @10:23AM (#11311950)
> Apple could hold out for over a millennium.

No, it doesn't work that way (see the post from dolske 7 hours ago):

https://news.ycombinator.com/item?id=11310214

Under these rules in only a few months all the money would be gone.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by s_q_b on Friday March 18, 2016 @11:20AM (#11312339)
My point was that Apple swings a big stick in this argument.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by kabdib on Friday March 18, 2016 @10:23AM (#11311951)
$250B can buy a lot of members of congress.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by cubano on Friday March 18, 2016 @08:41AM (#11311345)
Your nativity on how "criminal justice" and law enforcement works is kinda astounding to me.

If a judge orders an injunction against these citizens and they don't comply, he won't fine them, he will jail them, which is an incredible hardship, esp. against people not used to the prison industrial complex and its dehumanizing effects.

Perhaps sitting in jail for weeks or months will endure these guys to the IT masses as martyrs-to-the-cause, but I would fully expect them to cave after a little while.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by Lawtonfogle on Friday March 18, 2016 @09:56AM (#11311780)
Can the court order you to do something you don't know how?

If you can show these people would know how to do it, then it must be common enough knowledge that the courts could find someone else.

If it is highly specialized knowledge that only these people might even know, then you can't prove that they do know how to do it.

Either way, you can't justify forcing them to do it. And it is if we are even fine with slavery to begin with, which I'm not.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by chiph on Friday March 18, 2016 @08:45AM (#11311369)
I think he meant Apple will be fined. The engineers, if directly ordered by the court to "fix" [0] the software will be charged with contempt of court, and jailed.

[1] I mean this in the sense of to deal with or correct a problem, and also to influence the result by improper or illegal methods

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by Zigurd on Saturday March 19, 2016 @12:04PM (#11319005)
That's when it gets interesting.

Creating code is not like being compelled to testify. Is the DoJ going to have a prosecutor ask them "Now what would be the next line of code?" until they get a working tool?

The coders have an excellent case against them being jailed. The government has already stated their fallback position - that they want Apple's source code and signing keys. Apple will probably at that point secure their signing keys and code, perhaps by moving them offshore.

It will be interesting to see if some defense contractor can make head or tail of Apple's code, build system, etc. That could be a comedy I'd pay to watch.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by chiph on Saturday March 19, 2016 @07:39PM (#11321026)
The developers need to talk to their own lawyer about the future. If they stay at Apple, the firm might pay for their legal costs. But if they leave, they'll have to pay their lawyers themselves. Even if someone like the EFF comes in to defend them pro-bono, they're going to be out of work and un-hireable (no company is going to take on that potential liability).
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by kelseydh on Friday March 18, 2016 @09:38AM (#11311676)
There is good evidence that public debate is starting to turn. Senator Lindsay Graham, a national security hawk, is beginning to state reservations with the FBI's strategy. That's a big deal: https://youtu.be/zsjZ2r9Ygzw?t=14m30s
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by norea-armozel on Tuesday March 22, 2016 @09:37AM (#11336429)
"They could be fined hundreds of thousands daily for refusing to act. We recently found out this happened to Yahoo in 2008 [1] via the FISA court. Apple shareholders wouldn't like that."

How does that work if say someone resigned some months before the events of the terrorist attack from Apple? And they still refuse to work for Apple? There's no legal obligation for me to work for Apple or anybody in the US Constitution. All I got to do is pay taxes where applicable. Taxes don't include writing software for a random agency.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by nhangen on Thursday March 17, 2016 @09:57PM (#11309303)
What if Apple moves their HQ out of the country...
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by rubyfan on Friday March 18, 2016 @01:12AM (#11310044)
There is no place to go.

We need to fix here because we actually have a shot of fixing it here.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by eggy on Friday March 18, 2016 @07:50AM (#11311122)
Iceland with its pirate political party, and it still belongs to the European Economic Area, or Ireland, which has a growing tech sector, and it is part of the EU. Ireland is a tax-haven too. The U.S. government complains about Apple's tax havens, but the revenue lost by this move in jobs, and money in the U.S. is quite a bargaining chip.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by rev_bird on Thursday March 17, 2016 @10:39PM (#11309491)
Julian Assange set up shop outside of the US, now he lives in the basement of an office building.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by stephenr on Friday March 18, 2016 @02:21AM (#11310245)
Julian Assange isn't an American citizen, so why would he have ever "set up shop" in America?
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by rev_bird on Friday March 18, 2016 @04:21PM (#11314623)
I made my point less clear by trying to be concise. I just meant that in a lot of ways the influence of the United States isn't limited by its borders.
Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by techdragon on Friday March 18, 2016 @09:44AM (#11311710)
If they charged Apple a million dollars a day... They could just pay indefinitely and still be in a comfortable financial position...

The expense may actually prove valuable as their willingness to "pay the cost of defiance" might make them seem more appealing to customers and increase the value of their products.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by acqq on Friday March 18, 2016 @10:04AM (#11311833)
> If they charged Apple a million dollars a day... They could just pay indefinitely

It doesn't work that way:

"dolske 7 hours ago: The feds threatened Yahoo with a fine of $250,000/day, _doubling every week_. It doesn't take long for that to become astronomical."

In just 26 weeks it's 16 trillions per day if I calculated right.

Re:Apple Encryption Engineers, If Ordered to Unlock iPhone, ... by kelseydh on Friday March 18, 2016 @09:36AM (#11311666)
I doubt they could be fined. The government can not force someone to continue to be an employee of a company.

Please cite me an example of somebody who hasn't broke the law being forced to work against their will for months to do something as an employee.