US Department of Justice files motion to force Apple to crack terrorist's iPhone

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  • Reply 61 of 127
    jfc1138jfc1138 Posts: 3,090member
    despeck said:
    DOJ is demanding that Apple produce new software to meet this request. Apple shouldn't be doing such work for free, and they are standing up to this precedent. DOJ is in the wrong.
    Yeah if there are any attorneys out there I'd like to hear what the legal precedent is for compelling an entity to create something that doesn't exist.  I don't have the legal knowledge context to discuss this but it seems fundamentally wrong.  Can a government simply compel us to do anything it wants because they need help?  I don't believe that's in the Constitution, and if it's not then by what authority can they compel Apple to write new software?
    Research the All Writs Act of 1789, turns out that's the statutory basis of these writs from judges. Apple has already contested that in a Brooklyn court. A judge Ornstein.
  • Reply 62 of 127
    jfc1138 said:
    Minor detail: the 5c was owned by the San Bernardino County Dept. of Health. It was a work phone which is why I expect when the murderers crushed their own cellphones and didn't bother with this one.

    The DoJ couldn't care less about sanitary inspection reports, they're after a masterkey and a precedent.

    So they filed another whine with Pym? Like she needs encouragement. She didn't even request input from Apple before rubber stamping the original DoJ request for a masterkey software kit.
    Agreed.... Long game is in play.
    OldGeezer
  • Reply 63 of 127
    Large corporations need to stand up to the government more often. It seems we as people have little to no voice now a days. I think it is healthy to challenge the status quo if done in a productive manner. Kudos to Apple in this case!
    OldGeezerhlee1169
  • Reply 64 of 127
    cpsrocpsro Posts: 3,198member
    OldGeezer said:
    Even if the DOJ's/FBI's intent is all sweetness and light, they can't guarantee that they will be able to keep a new/modified iOS provided by Apple from getting into the wrong hands. Their track record hasn't been perfect in that area. What will they tell us if Apple complies, the Feds screw up, the new code gets out and our data is open to the world? We're sorry?
    If Apple relents to the DOJ, every government in the world will seek the same treatment. None of them can be trusted, and altogether it would be a complete travesty of privacy and human rights.
    OldGeezerchiabaconstang
  • Reply 65 of 127
    entropysentropys Posts: 4,168member
    Thing is, this isn't like a court order to access something stored at Apple. From what I understand that has already happened with the iCloud information, which was supplied. This isn't about access to a dead person's phone. It's about potential access to all iPhones.

    This is the government demanding Apple make something. Because the Eoli that run modern government these days think they can demand anything. They think they can demand whatever they want of the little people. From the bloated establishment's perspective even Apple is little people.

    The US used to be the bastion of freedom, the place people like me in other countries looked up to as the gold standard in good government and the freedom and liberty of its people.  Increasingly your government is overreaching deep into the lives of its people, even how they are allowed to think and live. The political class, effectively leading a separate and gilded existence from the lives and wishes of the rest of the country, are getting used to using Government agencies as political weapons against its own citizens. The parasites are destroying the host.  So we don't look up to you much anymore. 

    Sadly my my own country is following suit. They want to turn us all into Morlocks.

    jfc1138brucemchlee1169
  • Reply 66 of 127
    John Mcafee makes a great case in support of Apple.



    Check it out.
    baconstang
  • Reply 67 of 127
    jfc1138 said:

    Depends on how fast it makes it there. Just needs to hold out until Feb 2017, really, as the vacancy will likely be filled by then (and hopefully by a constitutionalist). 
    The first case too get there would probably be the Feng case from Brooklyn and with Judge Orenstein looking skeptically at the All Writs Act of 1789 a tie would be helpful, though as a tie wouldn't be binding across all distracts as a majority ruling affirming would, still limited. That's the case (and the court) where APPLE decided to draw the line.
    I doubt that SCOTUS will tie on this or the Feng case. The more liberal justices will side with Apple and right to privacy. A couple of the conservatives will side with the DOJ in support of law enforcement, but at least one will treat it as a constitutionalist and support the right to privacy. 
    edited February 2016
  • Reply 68 of 127
    cpsrocpsro Posts: 3,198member
    The proper thing for the FBI would be to convince Congress to enact relevant legislation, rather than rely on an ancient, vague piece of legislation. But Congress is already way behind on protecting user privacy. It needs to get its sh!t together.
  • Reply 69 of 127
    jungmark said:
    Privacy is overrated, especially in this day and age of terrorism and high tech communications. You only need worry if you have done or are doing something you are ashamed of or that is criminal. I think Comey is impressive. http://www.cbsnews.com/news/fbi-director-james-comey-on-threat-of-isis-cybercrime/ http://www.cbsnews.com/news/fbi-director-james-comey-60-minutes-scott-pelley/
    So will you leave your doors unlocked or provide the local police dept with your keys?
    You are overthinking (or not thinking) and extrapolating beyond reason what I said. They can sure look at my computer's drives (and should be able to look at anyone else's) if they have good reason to suspect paedophilia. I will certainly give them my keys if they want to look in the boot of my car. 
  • Reply 70 of 127
    Trump calls for boycott of Apple over San Bernardino iPhone fight until Apple gives the info requested.  So much for small government, eh?  

    Apple keep standing your ground, this whole thing is a ruse to get what they've been trying for all along, an iOS backdoor.  
    edited February 2016
  • Reply 71 of 127
    dysamoriadysamoria Posts: 3,430member
    Luckily for Apple, corporations are people when "speech" is involved, but not people when law is concerned. What are they going to do, send Apple to prison?
    punkndrublic
  • Reply 71 of 127
    John Mcafee makes a great case in support of Apple.



    Check it out.
    McAfee plans to take the phone apart, copying all the bits to another device and then hack it for about 3 weeks to get the information.

    Why doesn't the government let him do this for them for free?  Or do it themselves?
    Because the government has other ulterior motives to hack at the world's data.
    The DOJ could actually become more evil to the world than Al Quaida and ISIS could ever be.  They are fucking clueless and dangerous.
  • Reply 73 of 127
    cpsrocpsro Posts: 3,198member
    I haven't heard about any repercussions to the government employee(s) who instructed the INS to ignore social media postings made by immigrants.
  • Reply 74 of 127
    tmay said:
    Privacy is overrated, especially in this day and age of terrorism and high tech communications. You only need worry if you have done or are doing something you are ashamed of or that is criminal. I think Comey is impressive. http://www.cbsnews.com/news/fbi-director-james-comey-on-threat-of-isis-cybercrime/ http://www.cbsnews.com/news/fbi-director-james-comey-60-minutes-scott-pelley
    He's talking about cybercrime, and he wants to open a backdoor into the world's smartphone's, because that is what is going to propagate around the world. Every so-called democracy and dictator is going to follow the U.S. lead and demand backdoors. Vladimir is laughing his ass off.



    He also mentioned law enforcement being able to access the trunks of cars when there is probable cause, I believe. Do you have a problem with that, too?
    edited February 2016
  • Reply 75 of 127
    alexrod87 said:
    I'm usually on the side of tech companies but I really feel Apple is in the wrong here. 
    Amazing how many single post attacks against Apple there are on the site now.

    alexrod87 said:
    I'm usually on the side of tech companies but I really feel Apple is in the wrong here. 
    Amazing how many single post attacks against Apple there are on the site now.

    Goverment employees at work.
    icoco3cnocbuipropod
  • Reply 76 of 127
    tmaytmay Posts: 6,341member
    tmay said:
    He's talking about cybercrime, and he wants to open a backdoor into the world's smartphone's, because that is what is going to propagate around the world. Every so-called democracy and dictator is going to follow the U.S. lead and demand backdoors. Vladimir is laughing his ass off.



    He also mentioned law enforcement to be able to access the trunk of cars when there is probable cause, I believe. Do you have a problem with that, too?
    Unrelated.

    The issue is creating a software tool as a backdoor into an individuals smartphone that if ever released, will allow cybercriminals full access. Do you understand that?

    Edit:

    Bloomberg:

    http://www.bloomberg.com/news/articles/2016-02-19/secret-memo-details-u-s-s-broader-strategy-to-crack-phones
    edited February 2016 baconstangbobschlob
  • Reply 77 of 127
    jungmarkjungmark Posts: 6,926member
    tmay said:
    He's talking about cybercrime, and he wants to open a backdoor into the world's smartphone's, because that is what is going to propagate around the world. Every so-called democracy and dictator is going to follow the U.S. lead and demand backdoors. Vladimir is laughing his ass off.



    He also mentioned law enforcement to be able to access the trunks of cars when there is probable cause, I believe. Do you have a problem with that, too?
    It depends. Do they have a master key that opens all trunks but pinky swears to use it on one car? 
    latifbpbobschlob
  • Reply 78 of 127
    volcanvolcan Posts: 1,799member
    applesauce007 said:

    McAfee plans to take the phone apart, copying all the bits to another device and then hack it for about 3 weeks to get the information.

    Why doesn't the government let him do this for them for free?  Or do it themselves?
    Because the government has other ulterior motives to hack at the world's data.
    You certainly could be right, however if you take the phone apart and are unsuccessful, I doubt the phone would ever work again. It would be a one shot deal, and honestly I doubt the FBI trusts McAfee whatsoever. If I was in charge of the FBI I would want a software patch that was nondestructive so it could be tested and debugged.
  • Reply 79 of 127
    OldGeezer said:
    The DOJ under Obama has been so corrupt. Fast & Furious, no charges from the IRS scandal, Apple ebook case, etc. Their attack on Apple is the icing on the cake. What's ironic is the DOJ can't even keep their own employee information secure. 
    Not to defend Obama, but Fast & Furious predates Obama.  The DOJ, IRS and NSA are not behaving any differently under the current administration than they did under his predecessors. You only need to go back a little bit....like maybe to J. Edgar Hoover. 
    That's actually been proven not to be true. Fast & Furious started under Obama in 2009. During the previous administration, there was a program called Operation Wide Receiver. There were similarities to Fast & Furious, but it was still different. 
  • Reply 80 of 127
    volcan said:
    DOJ still would have to argue their case before the Supreme Court where I would expect them to lose. I don't think there is a law that can force someone against their will to write software.
    That would be the freedom not to code?  Ü 
    latifbp
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