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Apple denies handing source code over to China
By Rob Lever
Washington (AFP) April 19, 2016


Apple report shows 30,000 law enforcement data queries
Washington (AFP) April 19, 2016 - Apple received some 30,000 data requests from law enforcement agencies globally in the second half of 2015, and provided information in a majority of cases, the company's latest transparency report showed.

In the report released late Monday, Apple said it provided some data in 80 percent of the 4,000 request from US law enforcement agencies in the July-December period.

The news comes with Apple at the center of a controversy over whether it can be compelled to help authorities decrypt devices where only the user has encryption "keys."

The issue hit a boiling point last month when Apple refused to help the FBI weaken the operation system of an iPhone used by one of the shooters in last year's San Bernardino killing spree. The government eventually withdrew the request, but similar cases are pending in the courts.

The latest report from Apple showed a total of 30,687 law enforcement requests from authorities around the world, involving more than 167,000 devices. That compared to some 26,000 requests in the prior six-month period affecting more than 360,000 devices.

Apple said it provided at least some data in 63 percent of the cases in its Asia-Pacific region and 52 percent of the cases in the region that includes Europe, the Middle East, India and Africa, and 80 percent for Latin America and North America.

"When we receive an account request from law enforcement requesting a customer's personal information, we will notify the customer a request concerning their personal data was made unless we are explicitly prohibited from doing so," the report noted, adding that some exceptions are made "for extreme situations when we believe disclosing information could put a child or other person in serious danger."

Apple said that any government agency "must get a search warrant" and that "our legal team carefully reviews" each one.

"We only comply with information requests once we are satisfied that the request is valid and appropriate, and then we deliver the narrowest possible set of information," the report said.

The report showed Apple received the largest number of request from the region which includes Europe, the Middle East, Africa and India, or more than 30 countries. The total number of requests in the second half of 2015 was 19,322, with more than 11,000 coming from Germany.

The Asia-Pacific region including 11 countries accounted for 7,300 requests, including some 3,000 from Australia, more than 1,900 from Singapore and some 1,000 from China.

Apple on Tuesday denied providing Chinese authorities with special access to its devices, as the iPhone maker defended its position on encryption and cooperation with US law enforcement.

The company's general counsel Bruce Sewell was appearing at a US congressional hearing on encryption's impact on law enforcement, as the high-tech giant battles the government over whether it should be compelled to help authorities in criminal cases.

Sewell said he wanted to set the record straight on China in light of reports cited by officials at the hearing that the company had turned over its software instructions or "source code" -- which could be used to break encryption -- to Beijing.

"We have not provided source code to the Chinese government," he told lawmakers.

"We have been asked by the Chinese government. We refused," he said, adding that this had happened "within the past two years."

- Encryption debate renewed -

The hearing was called to discuss how strong encryption is hampering law enforcement and how technology firms should respond to legitimate law enforcement requests to break encryption.

Lawmakers at the House Energy and Commerce committee said they hoped the discussion would help both sides in the debate find common ground, so that privacy can be protected while enabling law enforcement to get data its needs for criminal probes.

"I can't believe this problem is intractable," said Representative Diana DeGette. "What I want to hear... is about possible solutions going forward."

While law enforcement officials and Apple both expressed a willingness to talk, the comments appeared to show little common ground in a debate which has been raging for weeks.

The encryption issue hit a boiling point earlier this year when Apple refused to help the FBI weaken the operating system of an iPhone used by one of the shooters in last year's San Bernardino killing spree.

The government eventually withdrew the request, saying it had been able to get into the phone with help from an outside party, but similar cases are pending in the courts.

Sewell defended the company's toughened encryption for its iPhones, which can sometimes make data unreadable to authorities, even with a warrant.

"The best way we, and the technology industry, know how to protect your information is through the use of strong encryption," he said.

"Encryption today is the backbone of our cybersecurity infrastructure and provides the very best defense we have against increasingly hostile attacks."

An FBI official however repeated concerns that unbreakable encryption may help criminals and terrorists evade detection.

"We have seen case after case -- from homicides and kidnappings, to drug trafficking, financial fraud, trade secret theft, and child exploitation -- where critical evidence came from smartphones, computers, and online communications," said FBI executive assistant director Amy Hess.

"Increasingly, some technologies are prohibiting law enforcement from having access to that critical evidence."

- 'In the dark' -

Thomas Galati, chief of intelligence for the New York City police department, expressed frustration over the default encryption for smartphones.

He said that in the six-month period from October 2015 through March of this year, "we have been locked out of 67 Apple devices lawfully seized pursuant to the investigation of 44 violent crimes."

"In the past, a phone or wiretap -- legally obtained through a judge -- would alert the police to drop-off points, hideouts, and target locations," he said. "Now, we are literally in the dark. Criminals know it."

But Amit Yoran, president of the security firm RSA, said law enforcement is failing to use tools available to them.

"We live in a 'golden age' of surveillance, more so than in any other point in history," he told the panel.

"In just about everything we do, we leave an incredibly insightful digital breadcrumb trail... Law enforcement has an overwhelming volume of information readily available to it, creating challenges to efficiently manage and fully leverage it."

Apple said in its most recent transparency report Monday that it received more than 30,000 data requests from law enforcement worldwide and provided some information in a majority of those cases.

rl/sst

APPLE INC.


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Previous Report
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Apple defends stand in Brooklyn case on iPhone access
Washington (AFP) April 15, 2016
Apple urged a federal court Friday to reject efforts to force the company to help break into an iPhone as part of a New York drug investigation. In the latest case involving efforts to compel Apple to help law enforcement break encryption, the company said the court should simply rule the assistance is unnecessary and not authorized by law. The case in a federal court in Brooklyn comes w ... read more


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