Apple & Google have faced 63 All Writs Act-related orders to access devices, ACLU says

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The U.S. federal government has invoked the All Writs Act at least 63 times to compel Apple and Google to help unlock devices involved in investigations, the American Civil Liberties Union said on Wednesday.

Image Credit: ACLU
Image Credit: ACLU


Most of the cases appear to involve drug-related crimes, the ACLU noted. The number of unlock-related orders may theoretically be higher, but in some instances the government did not publicly specify what kind of help it was seeking.

For Apple, the greatest concentrations of court orders have come in New York state (12) and California (11), according to ACLU data. Many other states have also played host however, some examples being Arizona, Florida, Louisiana, and Washington.

There are also a number of states where no orders have been issued against Apple or Google, such as Texas and Colorado. Only in one state, Oregon, has there been an order served against Google but not one against Apple. Indeed, Apple devices have been subject more frequently as a rule.

The All Writs Act was once at the center of an FBI attempt to unlock the iPhone of San Benardino shooter Syed Rizwan Farook. Apple argued that it couldn't be forced to write new software under the act, and was prepared to challenge that point in court until the U.S. Department of Justice withdrew its legal action, saying it had discovered a way into the iPhone without Apple's help.

That outcome could impact at least one case in New York, which was put into limbo pending developments surrounding Farook's phone.

Comments

  • Reply 1 of 12
    CMA102DLCMA102DL Posts: 121member
    USA Today and others have reported that there are 1000 of locked devices that the FBI was trying to get access to and were trying to use the Apple case as a precedence to access those phones. Even then, building a custom OS that would enable the government to unlock those phones should never be an option for data security concerns. 
    jbdragon
  • Reply 2 of 12
    linkmanlinkman Posts: 1,035member
    "We simply want the chance, with a search warrant, to try to guess the terrorist's passcode without the phone essentially self-destructing and without it taking a decade to guess correctly. That's it. We don't want to break anyone's encryption or set a master key loose on the land." -- James Comey ---------------------------------------------------------------------------------------------------------------------------------------- Apparently that one phone sure gets around.
    edited March 2016
  • Reply 3 of 12
    What... Wait.  Some other poster today claimed google has paid off all the politicians and Apple should too???
    singularity
  • Reply 4 of 12
    jfc1138jfc1138 Posts: 3,090member
    I sure bet the FBI didn't like the taste of that ruling from the judge in Brooklyn one little bit with his liberal use of words such as "appalling" sprinkled throughout the 50 plus page very energetic condemnation of the FBI's argument.
    jbdragon
  • Reply 5 of 12
    Interesting, there seems to have been more toward Apple then Google, especially in the North East.
  • Reply 6 of 12
    CMA102DLCMA102DL Posts: 121member
    Interesting, there seems to have been more toward Apple then Google, especially in the North East.
    Apple is on a different level, a different league with its security scheme. I can see why the Govt. struggles to access data from an iPhone compared to an Android phone.
    edited March 2016 jbdragon
  • Reply 7 of 12
    CMA102DL said:
    Interesting, there seems to have been more toward Apple then Google, especially in the North East.
    Apple is on a different level, a different league with its security scheme. I can see why the Govt. struggles to access data from an iPhone compared to an Android phone.
    Apple protects its customers privacy more than Google.  Google has no interest in encrypting email for example since this would prevent Google from reading your email so it can make ads for you. Sooner than later Apple will encrypt its emails.
    jbdragon
  • Reply 8 of 12
    CMA102DLCMA102DL Posts: 121member
    linkman said:
    "We simply want the chance, with a search warrant, to try to guess the terrorist's passcode without the phone essentially self-destructing and without it taking a decade to guess correctly. That's it. We don't want to break anyone's encryption or set a master key loose on the land." -- James Comey ---------------------------------------------------------------------------------------------------------------------------------------- Apparently that one phone sure gets around.
    lol, (roll my eyes), FBI is gotta step up its game.
    edited March 2016
  • Reply 9 of 12

    I looked up the Israeli company, Cellebrite, that people seem to think the FBI contracted to help them.

    I found the following video that explains how they unlock an iPhone:

    https://www.youtube.com/watch?v=AUgmnYChT48

    This video was posted on Jul 7, 2015… and Cellebrite has been doing this for years. So this is nothing new. And it isn’t hidden either… I found it by simply searching Google.

    The video demonstrates the unlocking of an unknown iPhone with iOS 7 that has no permanent lock warning and no wipe warning.

    So… do we think they were able to unlock Farook’s iPhone 5C with iOS 9 and wipe and permanent lock enabled?

    And… can Cellebrite unlock later iPhones? 5S, 6, 6S, etc?

    anantksundaram
  • Reply 10 of 12
    CMA102DLCMA102DL Posts: 121member
    Heheh, next tme the FBI should check YouTube first. There's got to be a video that explains what the FBI wants to do. 
    anantksundaram
  • Reply 11 of 12
    foggyhillfoggyhill Posts: 4,767member

    I looked up the Israeli company, Cellebrite, that people seem to think the FBI contracted to help them.

    I found the following video that explains how they unlock an iPhone:

    https://www.youtube.com/watch?v=AUgmnYChT48

    This video was posted on Jul 7, 2015… and Cellebrite has been doing this for years. So this is nothing new. And it isn’t hidden either… I found it by simply searching Google.

    The video demonstrates the unlocking of an unknown iPhone with iOS 7 that has no permanent lock warning and no wipe warning.

    So… do we think they were able to unlock Farook’s iPhone 5C with iOS 9 and wipe and permanent lock enabled?

    And… can Cellebrite unlock later iPhones? 5S, 6, 6S, etc?

    They don't have access to the counter on 5s, so they would have to use a very different hack.
  • Reply 12 of 12
    foggyhillfoggyhill Posts: 4,767member
    Interesting, there seems to have been more toward Apple then Google, especially in the North East.
    Probably because many Android phones can easily be accessed, only recent phones are even encrypted.
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