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Re:Apple kills plans to scan for CSAM in iCloud by runlevel1 on Thursday December 08, 2022 @02:14AM (#33905133)
> in the absence of a law that compels us to write software, which is unconstitutional btw

In their 2016 dispute with the FBI, the gist of Apple's 1A and 5A arguments were:

Writing software is a form of speech within the meaning of the First Amendment. Forcing Apple to create software would therefore be compelled speech and so the order to do so must be narrowly tailored to obtain a compelling state interest (see: "strict scrutiny").

The FBI has a legitimate interest in investigating and prosecuting terrorists, but their request does not pass strict scrutiny:

1. The government was only vaguely speculating that there might be something useful on the iPhone, but what was requested would have far reaching adverse consequences beyond just that single device.

2. Apple publicly values privacy and data security. Forcing Apple to create software (i.e. compel speech) that runs contrary to their values is a form of viewpoint discrimination.

3. Apple is a private party in the matter, far removed from the crime itself and the request is a lot of work. So conscripting Apple to assist the government in the matter would constitute an undue burden and therefore be a violation of Apple's substantive due process rights.

Re:Apple kills plans to scan for CSAM in iCloud by ClumsyPilot on Thursday December 08, 2022 @05:59AM (#33906584)
I would really like the defence to be based on our rights as human beings, rather than 'placing undue burdain on a corporation'.

Suppose next time NSA writes the code for Apple and Apple just has to sign it, will the defence stand uo in court?

Re:Apple kills plans to scan for CSAM in iCloud by helen___keller on Thursday December 08, 2022 @11:18AM (#33909615)
Due process and speech are among our rights so that’s literally what this is

If NSA has a way to break into a device without violating any parties’ rights, they would do so.

Even if NSA wrote the code you might argue the [Apple just has to sign it] step violates Apple’s rights.

Re:Apple kills plans to scan for CSAM in iCloud by maerF0x0 on Thursday December 08, 2022 @03:11PM (#33912647)
However, it's repeatedly been show that they either 1) Break our rights w/ impunity or 2) They go to rubberstamp courts that practically never deny a request to invade privacy.
Re:Apple kills plans to scan for CSAM in iCloud by muddi900 on Monday December 12, 2022 @04:15AM (#33952604)
Wasn't that how FISA warrants were enforced?
Re:Apple kills plans to scan for CSAM in iCloud by andrewnicolalde on Thursday December 08, 2022 @07:13AM (#33907028)
Presumably yes, for both of the same reasons, or at least the first one.
Re:Apple kills plans to scan for CSAM in iCloud by ReptileMan on Thursday December 08, 2022 @07:56AM (#33907366)
Frankly the FBI should have just requested the bootloader signing keys, bootloader documentation and just write it themselves. The only protection then is the 5A - and apple can't take it because it is them on the stand.
Re:Apple kills plans to scan for CSAM in iCloud by _boffin_ on Thursday December 08, 2022 @12:20PM (#33910455)
My belief is that the Feds already had the tools they needed to get the information they needed off the phone, but wanted to use the situation to create a new standard of practice as it was too juicy to pass up—never let a horrific event go to waste.

Luckily, it didn’t work in the way they hoped or at least to my knowledge, it didn’t.