Apple lays down guidelines for government data requests in new document

Posted:
in General Discussion edited May 2014
Apple on Wednesday released a set of guidelines by which U.S. law enforcement, as well as other government agencies, may request information from the company regarding data from its users.



Broken down into three main parts, Apple's "Legal Process Guidelines -- U.S. Law Enforcement" webpage provides general information about the newly established guidelines, how agencies can request data and what information they can hope to receive. In typical Apple style, a frequently asked questions section is also appended to the document for quick referencing.

A brief explanation of the webpage reads:
These Guidelines are provided for use by law enforcement or other government entities in the U.S. when seeking information from Apple Inc. ("Apple") about users of Apple's products and services, or from Apple devices. Apple will update these Guidelines as necessary.
Apple notes that the guidelines do not apply to U.S. agencies seeking information outside of the country from international subsidiaries.

Along with a number of email and physical addresses, phone numbers and other relevant contact information, Apple outlines how it intends to handle any future user data requests.

The company lists what type of information will be provided and what it takes to garner such data. For example, subpoenas or higher legal process are required for device registration information and iTunes information, while search warrants or court orders are needed for more personal data from iCloud and Find My iPhone.

Apple notes that information extraction can be performed on devices running iOS 4 or later with a proper search warrant, but the process is limited to certain categories of unencrypted user generated data. Extraction, which takes place at Apple's Cupertino, Calif. headquarters, can wrangle SMS, photos, videos, contacts, audio recordings, and call history that are not locked down by a passcode. Apple cannot provide email, calendar entries or data from third-party apps.

Finally, Apple provides an "Emergency Disclosure Form" for situations deemed to involve "imminent danger of death or serious physical injury to any person requires such disclosure without delay."

Aside from being a good source of information for law enforcement agencies, the guidelines offer insight into how closely Apple can monitor its users. For example, Apple can intercept email communications, but cannot do the same for encrypted peer-to-peer protocols like iMessage and FaceTime.

The creation of the webpage is in line with Apple's newfound zeal for customer privacy in the wake of public disclosures concerning government surveillance. Apple has released surveillance request statistics in the past -- most recently in January -- but has promised to provide its users with more regular reports.
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Comments

  • Reply 1 of 23
    analogjackanalogjack Posts: 1,073member
    Why doesn't Apple simply make it impossible for Apple themselves to access any user data like email, that is not required by them to run their company.
  • Reply 2 of 23
    taniwhataniwha Posts: 347member
    Really, what a load of crap. Apple is not in a position to defy the law and the law in the US is not designed to protect your privacy.

    Don't take my word for it:

    Read up on the Third Party Doctrine.

    Apple is simply posturing, like Microsoft (which published the same kind of "guideline" years ago.)

    When your government wants something from Apple, they will take it.

    Get real people.
  • Reply 3 of 23
    water coolerwater cooler Posts: 150member
    If u dont break the law, why worry?
  • Reply 4 of 23
    imemberimember Posts: 247member
    Quote:
    Originally Posted by Taniwha View Post



    Really, what a load of crap. Apple is not in a position to defy the law and the law in the US is not designed to protect your privacy.



    Don't take my word for it:



    Read up on the Third Party Doctrine.



    Apple is simply posturing, like Microsoft (which published the same kind of "guideline" years ago.)



    When your government wants something from Apple, they will take it.



    Get real people.

     First Apple is a internationally company the US goverment has no right over them 

     

    I'm not American and if the US takes my info from Apple that's illegal

     

    To answer your question..YES i trust Apple 

  • Reply 5 of 23
    tbelltbell Posts: 3,146member
    Quote:
    Originally Posted by water cooler View Post



    If u dont break the law, why worry?

     

     

    If you are cynical you might look at the human's history and conclude that those who wield power are corrupt. Or perhaps you might believe government is supposed to work for you, and your employee has no right to be peeking in on what you do. Your view seems to be pretty trusting and not grounded in history. 

  • Reply 6 of 23
    tbelltbell Posts: 3,146member
    Quote:
    Originally Posted by Taniwha View Post



    Really, what a load of crap. Apple is not in a position to defy the law and the law in the US is not designed to protect your privacy.



    Don't take my word for it:



    Read up on the Third Party Doctrine.



    Apple is simply posturing, like Microsoft (which published the same kind of "guideline" years ago.)



    When your government wants something from Apple, they will take it.



    Get real people.

     

    You are referring to the Fourth Amendment. The Supreme Court has held that you have no reasonable expectation of privacy regarding information you turn over to a third party. So companies like Apple can voluntarily turn over information to other parties such as various governments without the government showing it had probable cause to request that information. The government can then use that information against you in court even though it had no evidence that you committed a crime before receiving the evidence. That happens often.

     

    Companies, however, are not required to voluntarily turn over such information without the government providing a warrant or subpoena. They, however, often times do. Most companies have privacy policies dictating how they treat your information. If they do something in violation of that privacy policy, you likely would have a civil suit if you could establish damages. What Apple is saying here is it will not voluntarily hand over its users information to governments in the US without a court order. 

  • Reply 7 of 23
    tbelltbell Posts: 3,146member
    Quote:
    Originally Posted by iMember View Post

     

     First Apple is a internationally company the US goverment has no right over them 

     

    I'm not American and if the US takes my info from Apple that's illegal

     

    To answer your question..YES i trust Apple 


     

    No, Apple computer is a US company incorporated in the California. It, however, does do business around the world and owns subsidiaries in other countries. In every country it operates it has to abide by the laws of that Country. I too trust Apple to an extent, however, it is various governments I am concerned about. 

     

    As far as the US taking information from Apple if you are a foreign customer, good luck holding the US government accountable for that. How many nuclear weapons and fighter jets do you own? 

  • Reply 8 of 23
    pmzpmz Posts: 3,433member
    Quote:

    Originally Posted by water cooler View Post



    If u dont break the law, why worry?

    That is biggest load of crap I've ever heard. The government doesn't care if you break the law. They have other agendas that involve your personal data.

  • Reply 9 of 23
    maestro64maestro64 Posts: 5,043member

    I have said this before, and this has been going on for a long time. All Internet traffic in the US routes through a few main hubs in the US, and the NSA has connection into those hubs and can easily route any traffic they like right into their network to be analyzed. The government has been collecting information on people for a very long time, their is no law in this country which stop the government from collecting information about what you do. Collecting is not illegal what you do with that information could be illegal, they can not arrest you based on information they collected without warrant, Grant it they have done it and got away with it from time to time until some smart lawyer figures out what they did.

     

    There are only a few things which they can not do, one, come into your home uninvited or without a warranty or probable cause to look around and take what they want, there are lower standards for your car, they can not read your US postmark mail and they can not listen into a phone conversation without the various legal requirements Beyond this anything outside your private property is fair game to them.

     

    Google has said it already, users of email have no expectation of privacy since your electronic communication are stored and process by any number of privately owned entities which you do not have a legal relationship with thus their is no expectation of privacy on the Internet. If you do not want someone else readying your email, you need to either not put things you do not want others seeing in an email or other Internet communication or you need to encrypt them at a level which is not easy to un-encrypt.

     

    Also Government agencies which are not police are not subject to the same laws as police, why they can not arrest you, but they can provide what they learned about you to the police and then the police can then use legal means to get the information they need to arrest you. This is why Apple requires a warranty or other legal methods to obtain information, why an agency can not be granted a warrant only law enforcement can be granted an warrant. Apple is attempting to kept the CIA, NSA, DEA, ATF and other from making general information requests which was probably happening.

     

    Notice how Apple said they can not turn over encrypted information or information from other third parties since they do not own it or have the rights to give that information out. The government will have to go owners of that information and get them to turn it over.

  • Reply 10 of 23
    imemberimember Posts: 247member
    Quote:
    Originally Posted by AnalogJack View Post



    Why doesn't Apple simply make it impossible for Apple themselves to access any user data like email, that is not required by them to run their company.

    I think is illegal, in case of terrorist attack Apple will be held responsible.

    I have no problem with Apple looking at my data if they find something to be suspicious, i just don't want others instead of them

    Example: If Apple owns a document of mine with proof that many politicians are corrupted, i'm sure Apple will do right think and not share it with the US goverment.

    The things Apple shows concerns are Crimes, terrorism and "hey let's steal bunch of Apple products" the rest are irrelevant to Apple like "hey let's steal a bunch of Samsung products"

  • Reply 11 of 23
    dasanman69dasanman69 Posts: 13,002member
    imember wrote: »
     First Apple is a internationally company the US goverment has no right over them 

    I'm not American and if the US takes my info from Apple that's illegal

    To answer your question..YES i trust Apple 

    I'm guessing this is for people breaking laws on US soil, so it shouldn't pertain to you
  • Reply 12 of 23
    imemberimember Posts: 247member
    Quote:

    Originally Posted by TBell View Post

     

     

    No, Apple computer is a US company incorporated in the California. It, however, does do business around the world and owns subsidiaries in other countries. In every country it operates it has to abide by the laws of that Country. I too trust Apple to an extent, however, it is various governments I am concerned about. 

     

    As far as the US taking information from Apple if you are a foreign customer, good luck holding the US government accountable for that. How many nuclear weapons and fighter jets do you own? 


    I do agree with u, i was in  a hurry and i din't had time to show more details

     

    The point was i trust Apple because it's Apple and they are not corrupted or inmmature like others, and i hope Apple remains that way

  • Reply 13 of 23
    imemberimember Posts: 247member
    Quote:

    Originally Posted by dasanman69 View Post





    I'm guessing this is for people breaking laws on US soil, so it shouldn't pertain to you

    Agreed!

  • Reply 14 of 23
    Quote:

    Originally Posted by water cooler View Post



    If u dont break the law, why worry?

    I believe the Jews living in Germany during WWII said the very same thing.

  • Reply 15 of 23
    Quote:

    Originally Posted by TBell View Post

     

     

    No, Apple computer is a US company incorporated in the California. It, however, does do business around the world and owns subsidiaries in other countries. In every country it operates it has to abide by the laws of that Country. I too trust Apple to an extent, however, it is various governments I am concerned about. 

     

    As far as the US taking information from Apple if you are a foreign customer, good luck holding the US government accountable for that. How many nuclear weapons and fighter jets do you own? 


    We own the water, oil and non-drought farmland. Also bacon, real beer, maple syrup and hockey players

     

    Regards,

    Canada

  • Reply 16 of 23
    jcallowsjcallows Posts: 150member
    the possibility of your documents being looked at by the government?

    the possibility of some other party illegally accessing your documents?

    the possibility of your private documents being uploaded to some "secure" public central location without your knowledge?

    the fact that such a service which exposes mac users to these possibilities is now being forced upon them by apple?

    what's not to love about icloud?
  • Reply 17 of 23
    tallest skiltallest skil Posts: 43,388member
    Originally Posted by water cooler View Post

    If u dont break the law, why worry?



    Cool, so you’re fine with me looking in your windows at any time of the day or night, then.

  • Reply 18 of 23
    Some of these comments are so stupid.
    First, this is a good attempt at disclosing exactly what is necessary for them to hand over information. They may voluntarily hand over most everything if they wanted to. This policy clearly states that they will need court orders or search warrants to do so. That is the most that anybody can ask for except for maybe not collecting any data at all, which would be next to impossible these days.
  • Reply 19 of 23
    taniwhataniwha Posts: 347member
    Quote:

    Originally Posted by iMember View Post

     
    Quote:
    Originally Posted by Taniwha View Post



    Really, what a load of crap. Apple is not in a position to defy the law and the law in the US is not designed to protect your privacy.



    Don't take my word for it:



    Read up on the Third Party Doctrine.



    Apple is simply posturing, like Microsoft (which published the same kind of "guideline" years ago.)



    When your government wants something from Apple, they will take it.



    Get real people.

     First Apple is a internationally company the US goverment has no right over them 

     

    I'm not American and if the US takes my info from Apple that's illegal

     

    To answer your question..YES i trust Apple 


    Wrong ! You need to get better informed.

     

    Apple is a US company and is subject to US law. According to a recent federal court judgement this includes data held outside of the USA.

     

    Read this: -> http://www.theguardian.com/technology/2014/apr/29/us-court-microsoft-personal-data-emails-irish-server

     

    Do your own research and come back when you are well informed.

     

    Your trust is your business. Anyone has the right to be stupid.

  • Reply 20 of 23
    taniwhataniwha Posts: 347member
    Quote:
    Originally Posted by TBell View Post

     
    Quote:
    Originally Posted by Taniwha View Post



    Really, what a load of crap. Apple is not in a position to defy the law and the law in the US is not designed to protect your privacy.



    Don't take my word for it:



    Read up on the Third Party Doctrine.



    Apple is simply posturing, like Microsoft (which published the same kind of "guideline" years ago.)



    When your government wants something from Apple, they will take it.



    Get real people.

     

    You are referring to the Fourth Amendment. The Supreme Court has held that you have no reasonable expectation of privacy regarding information you turn over to a third party. So companies like Apple can voluntarily turn over information to other parties such as various governments without the government showing it had probable cause to request that information. The government can then use that information against you in court even though it had no evidence that you committed a crime before receiving the evidence. That happens often.

     

    Companies, however, are not required to voluntarily turn over such information without the government providing a warrant or subpoena. They, however, often times do. Most companies have privacy policies dictating how they treat your information. If they do something in violation of that privacy policy, you likely would have a civil suit if you could establish damages. What Apple is saying here is it will not voluntarily hand over its users information to governments in the US without a court order. 


    Yes, but they can still be compelled. This is what p*sses me off and why I called it posturing. They are trying to give your the false impression that they will protect your data. They will not. They can not !  Period. 

     

    For those who are interested 

     

    http://www.theguardian.com/technology/2014/apr/29/us-court-microsoft-personal-data-emails-irish-server

     

    or for the actual court order on Microsoft here: -> http://www.nysd.uscourts.gov/cases/show.php?db=special&id=398

     

    You are quite correct that Apple is saying they won't hand over data without a court order. A court order is no big deal because the bar is very low. It is not necessarily required even to provide "probable cause", so basically with a "flexible" Judge obtaining a Subpoena or a Search Warrant is essentially a rubber-stamp procedure. 

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