By John Gruber
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Interesting marriage of convenience. Samsung has hardware but no interesting software. Facebook has interesting software but no hardware.
CBS News:
If the technology, known as mobile device management, had been installed, San Bernardino officials would have been able to remotely unlock the iPhone for the FBI without the theatrics of a court battle that is now pitting digital privacy rights against national security concerns.
The service costs $4 per month per phone.
Instead, the only person who knew the unlocking passcode for the phone is the dead gunman, Syed Farook, who worked as an inspector in the county’s public health department.
I had assumed they weren’t using MDM, but it’s good to have confirmation.
James Comey, in a brief op-ed published last night by Lawfare:
The San Bernardino litigation isn’t about trying to set a precedent or send any kind of message. It is about the victims and justice. Fourteen people were slaughtered and many more had their lives and bodies ruined. We owe them a thorough and professional investigation under law. That’s what this is. The American people should expect nothing less from the FBI.
It is very difficult to take Comey’s opening sentence seriously. Everyone — on both sides of the issues — knows that this is about setting precedent.
The particular legal issue is actually quite narrow. The relief we seek is limited and its value increasingly obsolete because the technology continues to evolve. 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. I hope thoughtful people will take the time to understand that. Maybe the phone holds the clue to finding more terrorists. Maybe it doesn’t. But we can’t look the survivors in the eye, or ourselves in the mirror, if we don’t follow this lead.
This is a purely emotional appeal. By Comey’s logic here, FBI agents should be considered above the law, able to pursue any and every avenue possible in the pursuit of information in a case with high stakes. That’s not how our system works. We are governed by the rule of law. Encryption is legal.
Ultimately, that is where Comey and the FBI are going to take this. They’re going to try to make strong encryption illegal.
Tim Cook, in a company-wide memo:
Apple is a uniquely American company. It does not feel right to be on the opposite side of the government in a case centering on the freedoms and liberties that government is meant to protect.
Our country has always been strongest when we come together. We feel the best way forward would be for the government to withdraw its demands under the All Writs Act and, as some in Congress have proposed, form a commission or other panel of experts on intelligence, technology and civil liberties to discuss the implications for law enforcement, national security, privacy and personal freedoms. Apple would gladly participate in such an effort.
Cogent.