FBI: Apple's new privacy features protect kidnappers, pedos and terrorists

[Darwin333]

FBI acts like 50% of the people out there are criminals, etc. No way you should be infringing on the rights of 99% of the population just to have a crack at the other 1%.

We have the largest, both per capita AND total, population of prisoners of any other country in the world. We have so many laws on the books that it is impossible for anyone to go about their lives and not break some obscure law, even judges.

The US has a full 25% of the entire worlds prisoners yet we are only 5% of the population. At any given time 3ish% of the population is in jail, on parole, or probation. Either the US population has an absurdly huge predisposition to being criminal assholes or our justice system is fucked, I'll let you come to your own conclusion...

So technically they are more right than you think...

 

[Darwin333]

The Government is not trying to make it so that it is butt-simple to access data from the phones. They are trying to keep things as they were.

Currently (iOS 7 and earlier), there are two ways that law enforcement can access data on an iPhone:
1. Consent
2. Search Warrant

In going the consent route, it is logical to think that the owner of the phone is providing the passcode to allow access to the phone. Once that is done, law enforcement can physically go through the phone or they can download the contents via certain tools at their disposal. There is currently no tool that can bypass the passcode on an iPhone/iPad.

In going the search warrant route, it is logical to assume that the owner of the phone has not provided their passcode. As mentioned above, there is no tool that can bypass the passcode on an iPhone. In these cases, law enforcement have to write and serve a second search warrant to Apple itself in CA. They provide the phone to Apple along with the second search warrant. Apple would then bypass the passcode and download the contents of the phone to provide them to law enforcement.

With iOS 8 and the new encryption, while Apple could bypass the passcode, the data on the phone will be encrypted and useless. The alternative for law enforcement is to request the data that is currently stored in iCloud. This would mean that mail, calendar, and backups would be available. The mail and calendar info is only available if the phone owner used iCloud for their service though.

Brute force is not generally an option as after just a few attempts the phone will lock the user out for extended periods of time and depending on settings will erase the phone.

- Merg

There are actually quite a few forensic programs designed specifically to "hack" password protected iphones, at least before the latest IOS update.

 

[rudder]

Apple iPhone 6.... Endorsed by John Grisham.

J/k.... Or not.

 

[momeNt]

Doesn't like literally everything protect rapists and pedos? A mask protects their identity, window blinds protect them from being spotted raping young children. Owning a home allows them to prey on young children in the privacy of their home, behind their window blinds and their masks. It's sick. End it all now.

 

[Fayd]

Physically speaking, data is simply a bunch of 0s and 1s that when arranged give meaning toward a user. Encrypting it simply switches around those 0s and 1s according to the parameters the user has set. In a way, you could consider the data going from one language to an entirely new one (more accurate than the metaphor of calling it a lockbox).

Under court order, a suspect hands over his data (of 0s and 1s) which represents such for him, but is unintelligible for investigators. Under this reasoning, said suspect has fulfilled obligation and doesn't need to assist in translating the data for investigators. A judge ordering otherwise violates a suspect's right to silence or otherwise protection against self incrimination in certain cases (though invoking self incrimination protection will likely imply evidence of criminal activity in an encrypted container).

Of course, not all judges are computer savvy, so unless the suspect have a lawyer that is up to speed, it's a mixed bag as to whether the above will stand, or whether the judge decides to apply the Lockbox Metaphor to the encrypted data. (Said metaphor equating your password to an actual key as opposed to it's physical nature)

Edit: I've read one case where as opposed to demanding the suspect divulge the password, he simply demanded the unencrypted contents. However, if a decrypted copy doesn't currently exist (a suspect can't provide what doesn't exist) a skilled attorney could fight that as well.

rules of evidence don't work that way. invoking the fifth cannot be held against you.

 

[The Merg]

There are actually quite a few forensic programs designed specifically to "hack" password protected iphones, at least before the latest IOS update.

True, except for iOS devices. Since the iPhone 4S came out, only Apple has had the ability to bypass the passcode on an iPhone or iPad. There is no forensic utility that will allow law enforcement to do that.

Android phones are a different matter though. All of these forensic software programs and hardware devices can generally bypass a locked Android phone.

- Merg

 

[Belegost]

Hey look, this paving stone over here has "Protect the children." written on it.

And that one says, "Stop the terrorists."

Huh, wonder where this road goes?