Proposed Senate bill penalizing resistance to decryption requests nears completion, could be introd

Posted:
in General Discussion edited March 2016
U.S. Senate Intelligence Committee leaders are nearing completion of a draft bill that applies civil penalties to tech companies resisting court-ordered requests for assistance in unlocking encrypted hardware, according to a Wednesday report.




Citing sources familiar with the matter, Reuters reports Intelligence Committee Chairman Sen. Richard Burr (R-NC) and Vice Chair Sen. Dianne Feinstein (D-CA) are close to finalizing legislation that could find companies like Apple facing contempt of court charges and related penalties.

Rumors of the forthcoming legislation circulated in February attached to Burr's camp, thought to be in the planning stage at the time. While the timetable could change, today's report claims Burr and Feinstein plan to share the bill with interested parties next week ahead of a formal Senate introduction.

Unlike previous reports, Reuters said the soon to be proposed legislation would apply civil penalties to companies resisting or refusing proper government decryption requests, not criminalization.

The draft bill comes amidst heated debate over the correct balance between strong encryption technologies and state access to critical data. Apple is currently resisting an order handed down by a federal magistrate judge requiring its assistance in unlocking an iPhone 5c used by San Bernardino shooter Syed Rizwan Farook. In its request, the FBI is asking Apple to create, sign and deploy a purposely flawed version of iOS that would facilitate a brute-force attack on Farook's passcode-locked phone.

Tech companies and civil rights groups have come out in support of Apple's decision to protect its encryption systems, filing friend of the court briefs detailing the potential pitfalls of compelling first-party assistance. A Department of Justice win would set precedent for future law enforcement operations involving encrypted devices -- nearly all current investigations entail digital evidence gathering, according to Attorney General Loretta Lynch -- and could expose millions of iOS device owners to potential threats.

For its part, the government maintains Apple's workaround will be applied only in the San Bernardino case, an investigation that could produce valuable information on active terrorist cells operating on U.S. soil. The government has the backing of law enforcement groups and national security hawks.
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Comments

  • Reply 1 of 73
    Time to send emails to your senators and let them know what you think.
    jkichlinemanfred zornJorgeGCration altallest skiltdknoxlostkiwicornchiplymf
  • Reply 2 of 73
    ibillibill Posts: 391member
    Our government is run by morons.
    jkichlineSpamSandwichwilliamlondontommikeletallest skilmagman1979tdknoxlatifbplostkiwicornchip
  • Reply 3 of 73
    redefilerredefiler Posts: 323member
    So they want to tax companies for protecting our privacy?

    This is all just a scheme to get more hooks into a successful company's cash?

    Wow.  This is why you should punch all the Democrats and Republicans you know right in the face, and then any Democrats once more for even pretending to be something other than vile dispicable creeps.   Their teams, and their members sponsor this kind of crap, so all their (your) fault.
    edited March 2016 brakkenlatifbpcornchipjeremy c
  • Reply 4 of 73
    Do these Senators have any encryption software on their devices to protect their communications and personal data? If so, why? They are law-abiding citizens just so many other people. Why do the Senators consider themselves to be above others when it comes to protecting their privacy?
    baconstangBlastermagman1979tdknoxfotoformatlostkiwicornchiplymfewtheckman
  • Reply 5 of 73
    radarthekatradarthekat Posts: 2,723moderator
    This effectively requires a company like Apple to create a new division that builds and maintains forensic tools for law enforcement.  The version of iOS will need to be entered into evidence and will be demanded to be inspected (likely at the source code level) by defense attorneys who will claim that they need access to ensure that the tool functions without altering the evidence it uncovered against their client.  Yes, this will get out into the wild, via a number of channels.  Apple, and everyone supporting Apple's position, understands this situation far better than those who are emotionally reacting to a terrorist act.

    If I were Apple I'd very quickly release a new version of iOS that requires user sign in before a new version of the operating system can be installed.  That would prevent even Apple from being able to automatically install onto an iDevice in law enforcement's hands a weakened version of iOS.  It wouldn't help Apple for existing iPhones law enforcement has in their hands, and Apple should continue to fight the legal battles on those, but it would prevent Apple from even being in a position to help in this manner in the future.

    Congress would in turn have to pass laws that explicitly prohibit an OS that cannot be broken. And in that case Apple would create that OS for U.S. customers ONLY, strongly underlining for everyone to see that the whole direction law enforcement is going will weaken the security and privacy ONLY of Americans.  It would do nothing to prevent terrorists from having virtually unbreakable encryption.  The terrorists are salivating at this result.  They'll consider it a major victory.
    baconstanglatifbplostkiwiJanNLcornchipliquidmark
  • Reply 6 of 73
    jkichlinejkichline Posts: 1,311member
    Time to vote these clowns out of office!!! Of course chances are good that democracy is dead. It seems morons keep getting elected and people really are that stupid.
    edited March 2016 brakkencornchipjeremy c
  • Reply 7 of 73
    Didn't Apple say they wanted Congress to debate and decide how the American public's right to privacy & encryption should be handled? Looks like they're getting what they asked for: Congress is about to crush dissent from "tech companies."
    Blastertdknoxcornchipgatorguy
  • Reply 8 of 73
    wovelwovel Posts: 956member
    redefiler said:
    So they want to tax companies for protecting our privacy?

    This is all just a scheme to get more hooks into a successful company's cash?

    Wow.  This is why you should punch all the Democrats and Republicans you know right in the face, and then any Democrats once more for even pretending to be something other than vile dispicable creeps.   Their teams, and their members sponsor this kind of crap, so all their (your) fault.
    It's worse than that. They want to tax companies for seeking due process.  So now they want  resisting federal law enforcement conscription to result in a fine.  Are we going to start billing families for executions too?  I realize this has little chance of passing and would likely just lead to a longer appeal process if it did.  Congress actually can't pass a law that says a company can't appeal a court decision or ask a higher court for an injunction.  Whoever wrote the bill knows this and apparently doesn't care.
    ewtheckman
  • Reply 9 of 73
    What is this new law?

    Will it allow Russians, Chinese, and other dictator gov'ts to order private companies to release private communication data?
    If so, people will be killed.  Reason Google and Facebook are not in China.  They refused to comply.
  • Reply 10 of 73
    U.S. Senate Intelligence Committee leaders are nearing completion of a draft bill that applies civil penalties to tech companies resisting court-ordered requests for assistance in unlocking encrypted hardware, according to a Wednesday report.




    Citing sources familiar with the matter, Reuters reports Intelligence Committee Chairman Sen. Richard Burr (R-NC) and Vice Chair Sen. Dianne Feinstein (D-CA) are close to finalizing legislation that could find companies like Apple facing contempt of court charges and related penalties.

    Rumors of the forthcoming legislation circulated in February attached to Burr's camp, thought to be in the planning stage at the time. While the timetable could change, today's report claims Burr and Feinstein plan to share the bill with interested parties next week ahead of a formal Senate introduction.

    Unlike previous reports, Reuters said the soon to be proposed legislation would apply civil penalties to companies resisting or refusing proper government decryption requests, not criminalization.

    The draft bill comes amidst heated debate over the correct balance between strong encryption technologies and state access to critical data. Apple is currently resisting an order handed down by a federal magistrate judge requiring its assistance in unlocking an iPhone 5c used by San Bernardino shooter Syed Rizwan Farook. In its request, the FBI is asking Apple to create, sign and deploy a purposely flawed version of iOS that would facilitate a brute-force attack on Farook's passcode-locked phone.

    Tech companies and civil rights groups have come out in support of Apple's decision to protect its encryption systems, filing friend of the court briefs detailing the potential pitfalls of compelling first-party assistance. A Department of Justice win would set precedent for future law enforcement operations involving encrypted devices -- nearly all current investigations entail digital evidence gathering, according to Attorney General Loretta Lynch -- and could expose millions of iOS device owners to potential threats.

    For its part, the government maintains Apple's workaround will be applied only in the San Bernardino case, an investigation that could produce valuable information on active terrorist cells operating on U.S. soil. The government has the backing of law enforcement groups and national security hawks.

  • Reply 11 of 73
    bsenkabsenka Posts: 799member
    I don't think the senators understand that all this will do is push tech companies out of the country.
    magman1979tdknoxlostkiwicornchip
  • Reply 12 of 73
    cashxxcashxx Posts: 102member
    Anyone supporting this needs to resign!!  People need to vote these career politicians out of office as well and they need limited terms!
    baconstanglondormagman1979tdknoxlostkiwicornchip
  • Reply 13 of 73
    SpamSandwichSpamSandwich Posts: 30,251member
    These people are shitbags.
    tallest skilbrakkenmagman1979tdknoxlostkiwi
  • Reply 14 of 73
    civaciva Posts: 13member
    Seems like it's time for Apple to move to China. 
    brakken
  • Reply 15 of 73
    This bill is stupid. I am pissed off.
    baconstanglondormagman1979jeremy c
  • Reply 16 of 73
    tzeshantzeshan Posts: 1,800member
    The solution is simple for Apple.  Apple could develop an in house iOS that will decrypt.  IOW, Apple will put protecting customer data on its shoulder. 
  • Reply 17 of 73
    volcanvolcan Posts: 1,737member
    I'm no expert in this sort of hacking so to speak, as was pointed out to me yesterday by one of the forum users, but how does the FBI know that automatic updates is activated? Mine is turned off. It was my understanding that is how they had planned to install the new flawed OS. If Apple can devise a way to still install things even if auto updates is turned off then why don't they simply install MDM and access the data using remote management. That would still set a terrible precedent but at least they wouldn't have to create a flawed OS.
  • Reply 18 of 73
    We are a communist country Or land of the free ?
    matrix077jeremy c
  • Reply 19 of 73
    jfc1138jfc1138 Posts: 3,090member
    So fines for asserting constitutional rights of due process such as the right of appeal to court rulings? 

    Thats got no chance in hell passing Constitutional scrutiny. And the tech companies (I. e. Apple) have the pockets to ram that right up to the Supreme Court. 
    edited March 2016 baconstanglondormagman1979tdknoxcornchip
  • Reply 20 of 73
    U.S. Senate Intelligence Committee leaders are nearing completion of a draft bill that applies civil penalties to tech companies resisting court-ordered requests for assistance in unlocking encrypted hardware, according to a Wednesday report.




    Citing sources familiar with the matter, Reuters reports Intelligence Committee Chairman Sen. Richard Burr (R-NC) and Vice Chair Sen. Dianne Feinstein (D-CA) are close to finalizing legislation that could find companies like Apple facing contempt of court charges and related penalties.

    Rumors of the forthcoming legislation circulated in February attached to Burr's camp, thought to be in the planning stage at the time. While the timetable could change, today's report claims Burr and Feinstein plan to share the bill with interested parties next week ahead of a formal Senate introduction.

    Unlike previous reports, Reuters said the soon to be proposed legislation would apply civil penalties to companies resisting or refusing proper government decryption requests, not criminalization.

    The draft bill comes amidst heated debate over the correct balance between strong encryption technologies and state access to critical data. Apple is currently resisting an order handed down by a federal magistrate judge requiring its assistance in unlocking an iPhone 5c used by San Bernardino shooter Syed Rizwan Farook. In its request, the FBI is asking Apple to create, sign and deploy a purposely flawed version of iOS that would facilitate a brute-force attack on Farook's passcode-locked phone.

    Tech companies and civil rights groups have come out in support of Apple's decision to protect its encryption systems, filing friend of the court briefs detailing the potential pitfalls of compelling first-party assistance. A Department of Justice win would set precedent for future law enforcement operations involving encrypted devices -- nearly all current investigations entail digital evidence gathering, according to Attorney General Loretta Lynch -- and could expose millions of iOS device owners to potential threats.

    For its part, the government maintains Apple's workaround will be applied only in the San Bernardino case, an investigation that could produce valuable information on active terrorist cells operating on U.S. soil. The government has the backing of law enforcement groups and national security hawks.


    Alright. Great. Well, if they pass that bill at least members of congress' e-mail will be made accessible to the public. But let's be realistic. This country is already halfway down that big waterslide into oblivion. Every member of congress could be skimming money from public funds and selling info and support to other companies and countries, and we wouldn't do anything about it.
    cornchip
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