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CYBER WARS
In Apple vs FBI case, compromise appears elusive
By Rob Lever
Washington (AFP) March 6, 2016


UN warns of 'Pandora's Box' in FBI Apple case
Geneva (AFP) March 4, 2016 - An FBI demand that Apple unlock an iPhone risks setting a dangerous precedent that could have a chilling effect on human rights, the United Nations rights chief warned Friday.

Zeid Ra'ad Al Hussein's intervention came after Apple's largest rivals backed the tech giant's bid to resist the US government demand seeking to access the iPhone used by one of the attackers in a deadly rampage in San Bernardino, California in December.

"In order to address a security-related issue related to encryption in one case, the authorities risk unlocking a Pandora's Box that could have extremely damaging implications for the human rights of many millions of people, including their physical and financial security," Zeid said in a statement.

He warned that the FBI order would "set a precedent that may make it impossible for Apple or any other major international IT company to safeguard their clients' privacy anywhere in the world".

The FBI wants to unlocked the iPhone used by Syed Farook, who was behind the San Bernardino massacre along with his wife Tashfeen Malik that left 14 people dead.

The agency has argued that by introducing encryption that can lock data, making it accessible only to the user, Apple and other tech companies are essentially creating "warrant-proof zones" for criminals and others that will cripple law enforcement and jeopardise public security.

Apple has in return said that the only way to unlock the handset would be to introduce a weakened operating system, which could potentially leak out and be exploited by hackers and foreign governments.

- 'Gift to authoritarian regimes' -

Zeid said the FBI "deserves everyone's full support" in its investigation into what he described as an "abominable crime".

But he added: "This case is not about a company -- and its supporters -- seeking to protect criminals and terrorists, it is about where a key red line necessary to safeguard all of us from criminals and repression should be set.

"There are many ways to investigate whether or not these killers had accomplices besides forcing Apple to create software to undermine the security features of their own phones.

"It is potentially a gift to authoritarian regimes, as well as to criminal hackers."

Zeid said encryption tools were widely used around the world, including by human rights defenders, civil society, journalists, whistle-blowers and political dissidents facing persecution and harassment.

"Encryption and anonymity are needed as enablers of both freedom of expression and opinion, and the right to privacy. Without encryption tools, lives may be endangered."

Three tech associations representing Apple's main business rivals -- including Google, Facebook, Microsoft and Yahoo -- said Thursday they supported Apple's efforts to challenge the order.

"If the government arguments prevail, the Internet ecosystem will be weakened, leaving Internet users more vulnerable to hackers and other bad actors," said a statement from the Computer and Communications Industry Association, which announced the joint brief with the Internet Association and the i2Coalition of Internet infrastructure firms.

But relatives of some of the San Bernardino victims backed the FBI bid in a legal brief filed in the court where the case is being heard.

They said Apple wanted to portray the debate as "one in which the privacy interests of millions of Americans are at stake in order to obtain sympathy for its cause."

"What is implicated here is the United States' ability to obtain and execute a valid warrant to search one phone used by a terrorist who committed mass atrocities," the brief said.

As Apple's legal battle with the FBI over encryption heads toward a showdown, there appears little hope for a compromise that would placate both sides and avert a divisive court decision.

The FBI is pressing Apple to develop a system that would allow the law enforcement agency to break into a locked iPhone used by one of the San Bernardino attackers, a demand the tech company claims would make all its devices vulnerable.

In an effort to break the deadlock, some US lawmakers are pushing for a panel of experts to study the issue of access to encrypted devices for law enforcement in order to find common ground.

Senator Mark Warner and Representative Mike McCaul on Monday proposed the creation of a 16-member "National Commission on Security and Technology Challenges."

But digital rights activists warn that the issue provides little middle ground -- that once law enforcement gains a "back door," there would be no way to close it.

"We are concerned that the commission may focus on short-sighted solutions involving mandated or compelled back doors," said Joseph Hall, chief technologist at the Center for Democracy & Technology.

"Make no mistake, there can be no compromise on back doors. Strong encryption makes anyone who has a cell phone or who uses the Internet far more secure."

Kevin Bankston of the New America Foundation's Open Technology Institute expressed similar concerns.

"We've already had a wide range of blue ribbon expert panels consider the issue," he said.

"And all have concluded either that surveillance back doors are a dangerously bad idea, that law enforcement's concerns about 'going dark' are overblown, or both."

The debate had been simmering for years before the Apple-FBI row.

Last year, a panel led by Massachusetts Institute of Technology scientists warned against "special access" for law enforcement, saying they pose "grave security risks" and "imperil innovation."

- Opening up all data -

"I'm not sure there is much room for compromise from a technical perspective," said Stephen Wicker, a Cornell University professor of computer engineering who specializes in mobile computing security.

Opening the door to the FBI effectively makes any data on any mobile device available to the government, he said.

"This is data that was not available anywhere 10 years ago, it's a function of the smartphone," Wicker said.

"We as a country have to ask if we want to say that anything outside our personal human memory should be available to the federal government."

Apple has indicated it is ready for a "conversation" with law enforcement on the matter.

But FBI Director James Comey told a congressional panel that some answers are needed because "there are times when law enforcement saves our lives, rescues our children."

Asked about the rights envisioned by the framers of the US constitution, he said, "I also doubt that they imagined there would be any place in American life where law enforcement, with lawful authority, could not go."

A brief filed on behalf of law enforcement associations argued that because of Apple's new encryption, criminals "have now switched to the new iPhones as the device of choice for their criminal wrongdoing."

Ed Black, president of the Computer & Communications Industry Association, which includes major technology firms but not Apple, said that although tech firms and law enforcement have had many battles, "there are many areas where we cooperate and where we find middle ground."

But Black said the tech sector is largely united in this case because the FBI wants Apple to create weaker software or introduce "malware" to be able to crack the locked iPhone.

"On this narrow specific issue of 'can companies be compelled to create malware,' I think there may not be an answer," he said.

- 'Going dark' fears -

Law enforcement fears about "going dark" in the face of new technology have been largely exaggerated, Black said.

While access to encrypted apps and smartphones is difficult and traditional wiretaps don't work on new technology, "there are a lot of other tools for law enforcement," he said.

"There is more information available in 2016 than in any year since the founding of the country."

Although law enforcement has growing expectations about using technology to thwart criminals, that type of power is too broad, Black added.

"If they are seeking a level of total surveillance capability, I don't see a compromise available," he said.

Wicker said that to give law enforcement access, Congress could in theory mandate that devices use automatic cloud backups that could not be disabled. But that would constitute a dramatic departure from current views about privacy.

"From an individual rights standpoint," he said, "that would take away control by the user of their personal information."

rl/grf

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Previous Report
CYBER WARS
Apple ready for encryption 'conversation': lawyer
Washington (AFP) Feb 29, 2016
Apple wants a "conversation" to help settle a standoff with US law enforcement over accessing an encrypted iPhone, according to testimony prepared for a congressional hearing. In a statement prepared for the Tuesday hearing, Apple general counsel Bruce Sewell said the public should understand that "encryption is a good thing, a necessary thing" even if it makes the work of law enforcement mo ... read more


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