The Apple vs. FBI controversy going on right now is quite a
techno-political drama. At the core of it is a topic that isn’t so
simple — encryption — and it’s all unfolding very rapidly, from so many
corners of the Internet.
Some people have come up with a snarky
shorthand for the case: FBiOS, a portmanteau of FBI and iOS that
represents the version of the Apple operating system that would meet the
needs of the FBI. Unfortunately, that encapsulation hides the
complexity of it all.
The case may have staggering implications. It affects Apple,
currently
the most valuable company in the world, and it could change the
relationship between millions of people and their iPhones: trusted
smartphone or a potential government surveillance tool?
To help
you stay on top of the story, we’ve put together a breakdown of the
important players in the case and the things they’ve done so far. We’ll
update this post as events unfold, so you’ll never miss a beat.
Tuesday, February 16
The issue came alive as
Reuters reported that U.S. Magistrate Judge
Sheri Pym of the U.S. District Court’s Central District of California ordered
Apple to help the Federal Bureau of Investigation (
FBI) unlock the Apple 5c owned by
Syed Rizwan Farook, one of the two killers in the San Bernardino mass shooting in December.
The news came a week after FBI director
James Comey had told the Senate Intelligence Committee that the FBI still had the phone and that it was encrypted, according to
USA Today.
One of the key areas where the FBI sought help was getting around the iPhone’s authentication scheme of
becoming disabled after a certain number of incorrect passcodes have been entered, according to Reuters.
Wednesday, February 17
Apple chief executive
Tim Cook came out swinging in response the court order. He issued
a letter
on the Apple homepage entitled “A Message to Our Customers.” The FBI
had asked Apple “to build a backdoor to the iPhone,” Cook wrote.
The
rhetoric was ominous. Cook’s use of the word “backdoor” harked back to
former National Security Agency contractor Edward Snowden’s leaked
documents describing the NSA’s apparent
backdoors
into Apple, Facebook, Google, and Microsoft services. All those
companies denied the allegations immediately after the initial report of
the NSA’s PRISM program. “We do not provide any government agency with
direct access to our servers and any government agency requesting
customer data must get a court order,” Apple said in a statement.
In
the case of the San Bernardino shooter, as Cook wrote in his letter,
the FBI was actually trying to make Apple create a new version of iOS.
It would have allowed for millions of passcodes to be attempted, such
that encryption could be circumvented — and then run the new OS on the
now deceased Farook’s iPhone, Cook wrote.
“The FBI may use
different words to describe this tool, but make no mistake: Building a
version of iOS that bypasses security in this way would undeniably
create a backdoor,” Cook wrote. “And while the government may argue that
its use would be limited to this case, there is no way to guarantee
such control.”
Cook ended the letter by clearly conveying that
Apple would not comply with the judge’s order. “Ultimately, we fear that
this demand would undermine the very freedoms and liberty our
government is meant to protect,” he wrote.
President Obama
was surprisingly silent on the whole issue. But White House
spokesperson Josh Earnest did tell reporters that the U.S. Department of
Justice (
DOJ) was in fact “not asking Apple to redesign its product or to create a new backdoor” despite what Cook wrote in his letter,
Reuters reported. What Obama did personally do on February 17, as the
UPI
reported, was name former National Security Advisor Tom Donilon and
former IBM chief executive Sam Palmisano as the chair and vice chair,
respectively, of a new Commission on Enhancing Cybersecurity.
Jan Koum, chief executive of Facebook-owned
WhatsApp,
took to Facebook to show his support for Apple and Cook.
It took about 15 hours, but finally
Google chief executive
Sundar Pichai came to Apple’s side
in a five-tweet comment. “We build secure products to keep your
information safe and we give law enforcement access to data based on
valid legal orders,” he wrote. “…But that’s wholly different than
requiring companies to enable hacking of customer devices & data.
Could be a troubling precedent.”
Later that same day, the industry group
Reform Government Surveillance — which comprises AOL, Apple, Dropbox, Evernote, Facebook, Google, LinkedIn, Microsoft, Twitter, and
Yahoo — published a
statement
saying that “technology companies should not be required to build in
backdoors to the technologies that keep their users’ information
secure.”
Some politicians began to rally behind the FBI in its call for Apple to help it decrypt the phone. Sen.
Dianne Feinstein (D-California), for instance, told
CNN
that in case Apple doesn’t comply with the FBI’s request, she and Sen.
Richard Burr (R-North Carolina) are “prepared to put forward a law which
would essentially require that.” Sen.
Tom Cotton (R-Arkansas) issued a
statement
saying that, “Regrettably, the position Tim Cook and Apple have taken
shows that they are unwilling to compromise and that legislation is
likely the only way to resolve this issue.”
Sen.
Ron Wyden
(D-Oregon) took Apple’s side. “Companies should comply with warrants to
the extent they are able to do so, but no company should be forced to
deliberately weaken its products,” he wrote in a
statement.
Thursday, February 18
Twitter cofounder and chief executive
Jack Dorsey tweeted out his support for Apple and Cook.
Facebook showed its support for Apple in a statement that it provided to VentureBeat:
We
condemn terrorism and have total solidarity with victims of terror.
Those who seek to praise, promote, or plan terrorist acts have no place
on our services. We also appreciate the difficult and essential work of
law enforcement to keep people safe. When we receive lawful requests
from these authorities we comply. However, we will continue to fight
aggressively against requirements for companies to weaken the security
of their systems. These demands would create a chilling precedent and
obstruct companies’ efforts to secure their products.
Even
Michael Hayden, formerly director of the NSA and the Central Intelligence Agency (CIA), came down on the side of Apple,
The Week pointed out. Hayden is “America is simply more secure with unbreakable end-to-end encryption,” he told
Wall Street Journal editor John Bussey on February 17.
John McAfee, the founder of antivirus software company McAfee Software and a Libertarian
presidential candidate, publicly
made an offer to decrypt the iPhone 5c in question, free of charge.
But Democratic presidential candidates
Hillary Clinton and
Bernie Sanders
both avoided siding with either Apple or the FBI in the case. Clinton
described the controversy as a “difficult dilemma,” while Sanders said
he was on “both” sides, according to the
The Intercept.
Friday, February 19
The case became more interesting as
DOJ attorneys filed a
motion
(PDF) to compel Apple to comply with the FBI’s orders. The attorneys
argued that Apple’s unwillingness to work with the FBI “appears to be
based on its concern for its business model and public brand marketing
strategy,” as
Reuters reported.
The
attorneys pointed to a 1977 Supreme Court case pitting the U.S. against
the New York Telephone Co. “The conviction that private citizens have a
duty to provide assistance to law enforcement officials when it is
required is by no means foreign to our traditions,” the justices noted
in a footnote to its
ruling.
“Apple
is not above the law in that regard, and it is perfectly capable of
advising consumers that compliance with a discrete and limited court
order founded on probable cause is an obligation of a responsible member
of the community,” the DOJ attorneys wrote in their filing. “It does
not mean the end of privacy.”
Apple countered
this by getting on the phone with reporters midway through the day and
telling them that the password for the Apple ID for the iPhone had been
changed within a day of the government obtaining it. as
TechCrunch and
others
reported. That action blocked Apple from using certain approaches to
get around the device encryption, the executives said, speaking on
background. For instance, an iCloud data backup after the password
change was not possible. Additionally, the executives reportedly pointed
out that the encryption workaround the FBI wanted would affect more
recent iPhones, even those with the
Secure Enclave (PDF) coprocessor on the chip, not just older iPhones without the Touch ID like the 5c.
Meanwhile, in court,
Judge Pym disclosed in a filing that Apple had sought relief to make its formal opposition to the order and now has until February 26.
And
Apple disclosed in its own filing that it was bringing in prominent information security attorney
Marc Zwillinger to represent it. Also representing Apple are
Nicola Hanna,
Eric Vandevelde, Theodore Boutrous Jr., and
Theodore Olson (a private counsel to former presidents Ronald Reagan and George W. Bush).
Republican presidential candidate
Donald Trump entered the Apple-FBI debate by
encouraging people to boycott Apple.
And
Comey and
Cook were called to testify in front of the House’s Subcommittee on Oversight and Investigations, as
Re/code reported.
Source: Venture Beat