Things got really hot in the case Apple vs. FBI. So far, both the company and the government were defending themselves in a, let's say, friendly way. This week, however, the scenario has changed.
FBI tries again
In a new petition, the United States Department of Justice (Department of Justice, or DoJ) is accusing Apple of deliberately increasing the security of iOS so that it is no longer able to cooperate with such investigations. The FBI further argues that the request for help is narrow, direct and does not invade anyone's privacy even though Apple insists to say otherwise.
The government / FBI argument remains the same: that they want access only to the iPhone in question and that this, in no way, has to do with the invasion of privacy of others.
of course we are talking about a case and that, if Apple is forced to cooperate, initially only the terrorist's iPhone will be really affected. However, as we know, after the operating system without some security features has been created to access such a device, others may enter the pie currently the government has at least ten more in line to be unlocked.
The government questions Apple's claim that this is dangerous because it says that this “GovtOS” (as Apple calls the system) would hardly leave her hands: “There is no reason to think that the code Apple writes in accordance with order would come out of the company's possession. Nothing in the order requires Apple to provide this code to the government or explain to the government how it works. Far from being a master key, the software simply disarms a door-set trap. ”
This story, however, does not end like this (more about that ahead).
iPhone without backup
In this new petition, the FBI also claims that the “iCloud Backup” feature was disabled by the terrorist about six weeks before the attack, when the terrorist himself changed the Apple ID password. That is, according to the FBI, Apple's idea that the device would automatically back up if the FBI had not requested a backup. reset password on verdica, according to the government.
Now war!
The document also says that, in addition to being false, Apple's responses on the subject are “corrosive”, implying that the company's attitude against the country's security is also. But what caught my attention was this excerpt here (emphasis added):
() For the reasons given above, the FBI cannot modify Farook's iPhone software without access to the source code and Apple's private electronic signature. The government did not try to force Apple to deliver this (source code and electronic signature) because it believes that such an order would be less palatable to Apple. If Apple prefers this path, however, it could be an alternative that requires less work for Apple programmers.
The government has made it clear that at any time it can simply demand / request the iOS source code and Apple's electronic signature which is unthinkable!
Reply from Apple
Shortly after having access to the petition, Apple tried to hold a conference call with the media and said it was a low government coup. For the company, the idea of ​​petio was to take the debate away from the role of cryptography (preserving consumer privacy), the center of the discussion. But don't think you stopped there.
Bruce Sewell (senior vice president and general counsel for Apple) at least according to whoever attended the conference was visibly uncomfortable. He accused the government of trying to disdain, to disrespect Apple with unfounded theories.
Below are Sewell's harsh comments (emphasis added):
The tone of the petition can be read as an accusation. We've all heard Director Comey and Attorney General Lynch thank Apple for their consistent help in working with security departments. Director Comey's own statement that there are no demons here? We certainly did not conclude this on the basis of this document. In 30 years of experience I think I have never seen a petition so intent on defaming the other side with false accusations and insinuations, and less destined to focus on the real merits of the case. For the first time, we see an allegation that Apple has made deliberate changes to block access requests from security departments. This must be deeply offensive to everyone who reads. An unsupported, unsubstantiated effort to disrespect Apple instead of addressing the issues in the case.
To do this in a petition before a magistrate judge only shows the desperation that the Department of Justice is now feeling. We will never respond in kind. But imagine Apple asking a court whether the FBI could be trusted because of the real question about whether J. Edgar Hoover ordered Kennedy's murder or not. See (the website) ConspiracyTheory as a basis of evidence. We have added security features to protect our customers from hackers and criminals. And the FBI should be supporting us on this because it keeps everyone safe. Suggest otherwise humiliating. This detracts from the debate and tries to mask the real and serious problems. I can only conclude that the DoJ is so desperate at this point that he has thrown all decorum into the wind.
See, we know there are a lot of people in the DoJ and the FBI. We work side by side with them all the time. that’s why this low blow petition surprises us so much. We help when asked. We are honest about what we can and cannot do. We will at least treat each other with respect and discuss this case with the American people in a responsible manner. We are going to court to exercise our legal rights. Everyone should be careful, because it seems that at odds with the Department of Justice means that you are evil and anti-American. Nothing could be further from the truth.
Definitely the tone of the conversation has now changed.
Attorney General Defends FBI
Loretta Lynch, attorney general (cited by Sewell), participated in the The Late Show with Stephen Colbert and talked a little bit about it.
Obviously, Lynch has sided with the government / FBI. She summed up the issue by saying that the real owner of the iPhone is the government (San Bernardino Public Health Department; that is, we are not talking about a device of a common citizen) and that all they want to do is just put their hands on the information of the device without destroying the evidence to help the investigations proceed.
Lynch also said that he has a great dialogue with Tim Cook and that he is always in touch with the Apple CEO talking about privacy, as we know, Cook is much more interested in politics than Steve Jobs was.
(via The Verge: 1, 2; TechCrunch)
