ACLU sues for information about FBI iPhone unlocking capabilities
The American Civil Liberties Union is suing for more information about the FBI's ability to break the encryption of smartphones, including Apple's iPhone.
Credit: Apple
On Tuesday, the ACLU filed a lawsuit demanding information about the FBI's Electronic Device Analysis Unit. The civil rights group believes that the EDAU has been quietly breaking into iPhones and other devices.
"The FBI is secretly breaking the encryption that secures our cell phones and laptops from identity thieves, hackers, and abusive governments, and it refuses to even acknowledge that it has information about these efforts," the ACLU wrote in its announcement.
The ACLU's Freedom of Information Act lawsuit, lodged in a San Francisco court on Tuesday, cites a handful of cases in which prosecutors submitted a "Mobile Device Unlock Request" and received data from previously locked devices.
Publicly available information indicates that the EDAU has previously put in requests to acquire tools, like the GrayKey, that would allow it to break the encryption on iPhones. The ACLU also notes that the EDAU has sought to hire an electronics engineer whose responsibilities would include "forensic extractions and advanced data recovery on locked and damaged devices."
The FBI has made few public acknowledgments of the EDAU. In June 2018, in fact, the ACLU filed requests for records related to the forensics outfit. In response, the FBI refused to confirm that any such records actually exist.
After a string of FOIA appeals, the ACLU is now taking its case to the federal court. It's asking the attorney general and the FBI inspector general to make EDAU records available.
"We're demanding the government release records concerning any policies applicable to the EDAU, its technological capabilities to unlock or access electronic devices, and its requests for, purchases of, or uses of software that could enable it to bypass encryption," the ACLU said.
The case is likely to be of particular interest to iPhone users, since Apple has long positioned its encryption as one of the strongest on the market. Apple has also refused to comply with requests to build backdoors into its platforms for government investigators, most notably in 2016 in the aftermath of the San Bernardino mass shooting.
Court records do indicate that the FBI and other law enforcement agencies have the capability to unlock iPhones. The FBI has also inflated the number of devices that it can't access.
Although the FBI's current encryption-breaking ability isn't clear, a report from January indicated that it was able to unlock an iPhone 11 Pro Max running the latest available software with a GrayKey tool.
Credit: Apple
On Tuesday, the ACLU filed a lawsuit demanding information about the FBI's Electronic Device Analysis Unit. The civil rights group believes that the EDAU has been quietly breaking into iPhones and other devices.
"The FBI is secretly breaking the encryption that secures our cell phones and laptops from identity thieves, hackers, and abusive governments, and it refuses to even acknowledge that it has information about these efforts," the ACLU wrote in its announcement.
The ACLU's Freedom of Information Act lawsuit, lodged in a San Francisco court on Tuesday, cites a handful of cases in which prosecutors submitted a "Mobile Device Unlock Request" and received data from previously locked devices.
Publicly available information indicates that the EDAU has previously put in requests to acquire tools, like the GrayKey, that would allow it to break the encryption on iPhones. The ACLU also notes that the EDAU has sought to hire an electronics engineer whose responsibilities would include "forensic extractions and advanced data recovery on locked and damaged devices."
The FBI has made few public acknowledgments of the EDAU. In June 2018, in fact, the ACLU filed requests for records related to the forensics outfit. In response, the FBI refused to confirm that any such records actually exist.
After a string of FOIA appeals, the ACLU is now taking its case to the federal court. It's asking the attorney general and the FBI inspector general to make EDAU records available.
"We're demanding the government release records concerning any policies applicable to the EDAU, its technological capabilities to unlock or access electronic devices, and its requests for, purchases of, or uses of software that could enable it to bypass encryption," the ACLU said.
The case is likely to be of particular interest to iPhone users, since Apple has long positioned its encryption as one of the strongest on the market. Apple has also refused to comply with requests to build backdoors into its platforms for government investigators, most notably in 2016 in the aftermath of the San Bernardino mass shooting.
Court records do indicate that the FBI and other law enforcement agencies have the capability to unlock iPhones. The FBI has also inflated the number of devices that it can't access.
Although the FBI's current encryption-breaking ability isn't clear, a report from January indicated that it was able to unlock an iPhone 11 Pro Max running the latest available software with a GrayKey tool.
Comments
Sometimes the ACLU doesn't have ACLU.
That's why Apple is constantly updating their Secure Enclave and iOS several times a year. A stationary target, is a dead target.
I fully expect the response to be "go pound sand". The Oxley-Sarbanes Act of 2002 put in place incentives for companies to be forthright and honest when dealing with privacy issues. Jobs and Cook are both on the record of doing what they can to maintain customer privacy, further they say that Apple does not have a means to gather, nor intention to monetize privacy issues. A CEO or executive that violates this act, can be PERSONALLY held responsible, fined $5 Million and/or 20 Years.
Yes because cops, the FBI, politicians and people of authority follow the rules.
https://forums.appleinsider.com/discussion/219412
Why does law enforcement ever want access to a device like an iPhone? To check for information connected with criminal activity.
Lockouts, or encryption are meant to handle situations like a person losing their iPhone (or having it stolen), someone else obtaining it, and trying to see what it contains. This makes sense, but it should not subvert law enforcement efforts, per se.
What I mean is, if law enforcement has a legitimate reason for seeing what is in an iPhone, they should ask the owner to unlock it. Should they refuse, they should then lose the iPhone, which should then be completely wiped of all data (in my opinion law enforcement should then be free to sell the iPhone as used, but that’s just my opinion).
An iPhone should never be a device that criminals may use to lock out law enforcement, it should only lock out other persons the owner does not want viewing their data.
An iPhone should never be a criminal’s tool.
Needless to say, wow.
Re: post by Crowley:
Yes, absolutely. Perhaps the context in which I mean this was not written clearly (or perhaps you just disagree). Apple has come under fire recently for having encoding/security that law enforcement cannot breach. They want Apple to incorporate some type of “back door” to allow access. I don’t see that as a good idea.
As mentioned by another, “You need either consent, a probation/parole search conditional waiver, a search warrant signed by a judge or very limited exigence circumstances as defined by SCOTUS to obtain any information from device in the U.S. otherwise the information obtained from the device is not admissible thus ‘a fruit from a poison tree’.”
If all of this is done and the owner of the device fails to comply and unlock the iPhone, then what I said about destroying your data seems reasonable to me. Again this is because an iPhone should never be a criminal’s tool.
At any rate, my best wishes to you, writer Crowley.
I was replying to one stating that no one is permitted to reveal the "Investigative techniques" of domestic investigative and policing agencies and they are above Freedom of Information act laws. i pointed out that their methods and techniques are not protected like those of the CIA are.
Let us all calm down, and reasonably consider things.
I honestly fail to see the problem here. Let us say a person is suspected of illegal activity in their home. This is their home, and they should be able to keep it securely locked (similarly, the iPhone is secure when it is locked). Yet law enforcement may obtain a search warrant and check the property, under certain circumstances. If nothing is found, no problem.
The situation with access to the iPhone is similar, in my opinion. What is the problem with this? Should law enforcement simply give the locked iPhone back to the owner, with no consequences? Does that make sense?
If the iPhone owner's issue is that they have "questionable" (yet not illegal) photos or something like that on the device, and they don't want others to see this, that is another issue entirely--I will not comment on that.
However, going back to the case of someone's home, if the owner of the home fails to provide access, law enforcement will break the door down, if necessary, to gain access. What would be the equivalent procedure with an iPhone? It is also property, owned by someone. And we are hypothesizing a legal order for access. Does law enforcement simply give up? Having "back door" access would be like law enforcement having keys to your home. Would anyone be satisfied with that? I don't think so.
So, what is the solution?
I don't have any issue with a due process court order for a person to give access to their phone, which they are then legally obligated to do, on penalty of imprisonment.