DOJ Claims Apple Should Be Forced To Decrypt iPhones Because Apple, Not Customers, 'Own' iOS

Tech Dirt ^ | 10/26/15 | Tim Cushing

[Enlightened1]

The DOJ has filed its response to Apple's claims that unlocking an iPhone 5 would be unduly burdensome. This ongoing dispute over an All Writs Act order (the act itself dates back to 1789) is also an ongoing dispute over the use of encryption-by-default on Apple phones running iOS 8 or higher.

The argument started with one of the founding members of the "Magistrates' Revolt" -- Judge James Orenstein -- who, back in 2005, challenged another All Writs order by the DOJ. A decade ago, Orenstein pointed out that the government's use of these particular orders circumvented both the judicial system (by granting it powers Congress hadn't) and the legislative system (which hadn't created statutes specifically authorizing the actions the order demanded). Nothing has changed a decade later -- not even the DOJ's continued attempts to teach an old law new tricks.

The DOJ's argument is this: we've used these orders before to force Apple to unlock phones. Why should this one be any different? The filing cites three other cases in which the FBI used an All Writs order to compel the unlocking of an iPhone. Pointing to these, the DOJ argues that past successes should be indicative of future results, despite Judge Orenstein's assertions that the use of these orders grants powers to the FBI that haven't been given to it by Congress.

The filing also challenges Apple's assertions about the burdensomeness of the request. The government says Apple makes $100 million per day in profit. How can the unlocking of one phone -- no matter how many man hours might go towards testimony and cross-examination -- even begin to make a dent in this pile of money?

[ctdonath2]

Is also like telling Zimmerman to include a back door or go to jail.
Not quite so funny.

[The Antiyuppie]

I’ve said this before, but IMO worth repeating; 21st Century America would be dreamland for Stalin and Beria - surveillance equipment was (and is) expensive and finicky, but in US of SR, the targets buy, install, and maintain incredibly sophisticated and capable equipment for you!

How the courts could even entertain the line of reasoning given here is in and of itself chilling.

[The Antiyuppie]

More reasons for:

1. Any purchasers outside of the US (never mind inside of the US) would be out of their minds to buy US-made equipment.

2. If any high-tech companies are still actually legally headquartered in the US and/or do development here, they should leave, immediately, for Europe or Asia.

Wasn’t it not too long ago when we were accusing the Chinese of putting in “secret functionality” in chips and code (which I don’t believe has ever been proven)? Some nerve.

[Secret Agent Man]

All of fedgov - ALL OF IT - needs complete dismantling and restructuring on a much much smaller and constitutionally-limited foundation.

Would help also to bar most of the current employees from ever holding positions in the rebuilt one, as most have develped bad habits we do not want resurfacing again.

[cincinnati65]

So XYZ Safe and Vault should give the government the combination to every safe they manufacture because XYZ Safe and Vault holds the patent on their combination lock????

I don't think so.

[Vendome]

So you rent a house and therefore have no rights under the Constitution?

[trebb]

The filing also challenges Apple's assertions about the burdensomeness of the request. The government says Apple makes $100 million per day in profit. How can the unlocking of one phone -- no matter how many man hours might go towards testimony and cross-examination -- even begin to make a dent in this pile of money?

DOJ obviously missing the Constitutional point - expecting free stuff from a company in order to do their dirty business.

Apple ought to tell them that since a day's wage came up, perhaps a bill for $100 million per device unlocked should be considered....

[Swordmaker]

Another article on the DOJ arguing that Apple should be forced to unlock iOS devices, claiming that the reason is that Apple owns the operating system, not the customer, who only licenses it. While that is true, that's akin to saying because the Leasing owns the your leased Car, that company should have the power to open your trunk and let the cops search it, and then open the locked briefcase they find in the trunk, merely because they are the owners of the vehicle lease. Apple may own the operating system, they do not own the data that is on the iOS device, or the iPhone on which it exists. — PING!

Ping to dayglored, Shadow Ace, and ThunderSleeps for their lists also, as this issue spills over into all devices.

Apple Customer Privacy
Ping!

The Latest Apple/Mac/iOS Pings can be found by searching Keyword “ApplePingList” on Freerepublic’s Search.

If you want on or off the Mac Ping List, Freepmail me.

[AFreeBird]

iOS is apple’s. The hardware is mine, and the data it contains is most definitely mine.

[Enlightened1]

Right these are criminals trying to claim some how they still own something. They are full of crap.

[Delta 21]

If Apple owns it, its theirs. The government has no right to it.