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Apple Files Official Motion to Vacate Court Order, Says FBI Seeks 'Dangerous Power'
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It is a shame that more people didn't do that with the Patriot Act etc. A lot of the toothpaste has been squeezed out of the tube. Not easy to manually put back in the tube.
I hope we see an influx of people who truly want to start getting involved in a government that is supposed to be a servant to them, not the other way around.
its not about those 12 iPhone at all. Its about the iphone and San Bernardino. Tim Cook is not a God and eventually he will have to assist no matter what people think
You really must not understand our legal system if you think this is only about one phone.
Sure, San Bernardino County is bigger than nine U.S. states, in fact its population is greater than 14 U.S. states. Heck, it's bigger than Bosnia and Herzegovina, not to mention about 68 other nations.
But it's just a county, not a state.
The world does not exist in a bubble, especially in law. As you work through the federal appellate system you are setting case law that has wide reaching impact. Even if courts take great pains to provide the narrowest possible ruling it will still be cited (as this case is currently for the next 12 phones in line and the AG of NY will surely do for the 150+ phones currently in his possession, etc) in many future cases and have a much higher probability of expanding this approach. That doesn't even touch on the potential affect on international users, particularly in countries with more authoritarian governments.
Personally I think the most likely outcome is that the prior ruling is upheld but I do think they have a fair chance of overturning. As to what *people* think though, the slight majority of the public sides with the FBI, that is the popular opinion according to polls. I'd be interested to see that broken down to likely voters though and I suspect that for those most familiar with the impact this would have (tech industry) opposition to the order would be the overwhelming majority (I have nothing concrete to back that up, just my suspicion based upon anecdotal evidence).
It is worth the time even for a casual phone user to read the response Apple drafted. It is a brief lesson on judicial process.
Cite:
http://www.scribd.com/doc/300524244/Apple-s-Motion-to-Vacate
Cite:
http://www.scribd.com/doc/300524244/Apple-s-Motion-to-Vacate
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This is the right move for Apple. I understand that government agencies want to mount evidence against terrorists and criminals but it shouldn't be done at an expense to our privacy or security. If our governments want to track our data, they have to have laws and rights written to do so instead of an opinion by a select few people.
Apple has the ability to open a door just a little , after which the FBI can use brute force . Apple and FBI know this, such a version of iOS could be make available very quickly also.
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I understand the issue very well. And I'm actually very pro Apple on this, if they are doing it for the right reasons and not just PR.
you know that you don't actually answer any direct questions about facts, you just tell the other person they don't understand and it's now worth your time.....good luck with that .
Though I agree , let's cut our looses.
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You are spot on. Though it's amazing how many people don't understand that, and believe the iCloud backups are as secure as the data on the iPhone.
Tim kow tows to Chinese dictators, *isses on his own country.
http://www.latimes.com/business/technology/la-fi-apple-china-20160226-story.html
http://www.latimes.com/business/technology/la-fi-apple-china-20160226-story.html
Seems a tad surprising, considering the human rights and other issues they continue to turn a blind eye to...
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It does seem to be that way. China is technically still communist, as are Vietnam and others. I doubt Microsoft was alone in handing over source code for China for all those years without expecting something in return. But if companies are wanting it both ways, if that doesn't turn out to be the case, who will they ultimately side with?
Another story showing Cook's double standards on lawful orders:
http://qz.com/618371/apple-is-openl...-in-china-it-takes-a-very-different-approach/
Step 1. Consider negative claims fact.
Step 2. Consider any rebuttals to be apologist lies.
Step 3. Ignore any nuance or detail.
Step 4. Hypocrisy proven.
It is amazing the number of people that rely on the news entities to read and interpret it for them
Or pretty much 90% of the people talking about it on TV. The most irritating thing I saw was that idiot that goes around interviewing people with the popped collar (I really wish he could stop doing that) and asking people what they thought about Apple to give the FBI the data on the terrorist's phone. Then after the interview video he said anyone not supporting the FBI is unpatriotic. Made me twitch.
I am honestly all for Apple finding some kind of partnership with the authorities to find a way to give them data if need be, with a warrant, that doesn't completely undermine 500+ million people's security. But that's not what the FBI is doing. They're either being close-minded and narrow-scoped to the gravity of the situation ... or they are very aware what their actions would bring and simply don't care. No matter how you look it, it's beyond stupid. It is utterly frightening how many people, including those running for POTUS, have absolutely no idea what the issue at hand is. And that is definitely the right question. Who knows where this road will lead if the FBI wins?
I have a neighbor who teaches at the local high school and I asked what they teach in they way of civics. I was shocked at his answer: Little to nothing of civics is required on mandaited testing for a student to graduate and get a HS diploma. Not required, it pretty much isn't taught.
All companies play by china rules. Always among them is Chinese servers local to , well, China. If you or the author found this new and shocking its not. This is SOP for gaming and many other industries. It works both ways. As a gamer they can all have their stuff and stay on there. China notorious for gold farming (or whatever currency in game called plus game items of value). Which ruins in game markets and economies.
Apples servers were accessible to the DOJ. They got the cloud backups from them just like that.
And other foreign entities get their breaks. I can't turn off the fake shutter release noise on my iPhone released in Japan. Japanese law says make it so (subway perverts and upskirt shots one reason). US and the rest of world...you all can turn it off.
None of the above is about reverse engineering a feature that was not meant to be reversed. Lots of money was spent to ensure one thing....whoever got that phone with no password knowledge has a nice paper weight.
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You just don't get it.
If Apple can be compelled to create create software in this one instance, what prevents the FBI doing this again?
This is more than about that one phone. Now what if MI5/MI6, Mousad, Russian Police or Chinese government want the same thing? If Apple has an office there, then they must comply?
This is really a global privacy issue and a free speech issue here in America.
Since software is considered speech, the government cannot compel speech.
Apple cannot be compelled to invent or write what does not exist.
The law only authorizes the government to compel to deliver things that exist.
This isn't Apple being told to give the FBI a key that exists.
This is the FBI demanding that Apple go out and develop a key where one doesn't exist.
They didn't so much side with the FBI as they did showcase their complete and utter lack of understanding of the issue, which I find to be disturbing. They're supporting the FBI based on incorrect information ... and the fact they are running for President is truly terrifying. They also seemed to suffer from "groupthink" on the issue ... because they didn't want to go against the grain and appear like they're siding with terrorists.
I don't even have the words for how ridiculous this comment is. Blindly following the government as they slowly strip away your rights is the problem here. It is, in fact, our right ... to stand up to the government if we believe what they are doing is wrong. That was a right given to us by our forefathers. In fact, the people are allowed to overthrow the government and start anew if they feel they are becoming too crazy. Apple is hardly trying to usurp anyone. I don't think you even know what "usurp" means.
No he worked for the county. But in either case, he did not own the phone.
And this is the loophole Apple could use if it wanted to. From a PR standpoint, it could claim it unlocked the phone for the phones owner and not the government. I would hope when this goes to court that when Apple loses, and I think they will, that the judge makes his order so narrow that it can only be unlocked if the phone's owner gives consent. That would be the best outcome all things considered.
I have a neighbor who teaches at the local high school and I asked what they teach in they way of civics. I was shocked at his answer: Little to nothing of civics is required on mandaited testing for a student to graduate and get a HS diploma. Not required, it pretty much isn't taught.
I checked the requirements for Washington State and there are no specific course requirements any more, just so many credits of the social sciences and other areas. I remember we had to get credits in Civics to graduate from HS. I think a short course in free enterprise based macro and micro economics should also be required to graduate from HS. The only thing that trumps economics is technology.
It is sad when immigrants applying for citizenship are better educated in civics than most HS students today.