Posted on 02/19/2016 5:07:38 PM PST by rpierce
I responded to your statement that the phone had nothing to do with the crime. Now you have changed it to Apple having nothing to do with it. My challenge stands. The phone contains evidence and has everything to do with the crime. My question mentioned nothing about Apple, which is a different discussion.
My bet is that the phone in question was wiped 9 and has no information at all on it.or reset on or about 10/1
Because it’s all non-nefarious if GOVT were in ‘control’ of said key(s)? /s
Oh, there is ALWAYS that chance and, I suspect, Apple would go buh-bye if it did.
Either way, with the ‘hackers’ and ex-savvy out there, like Win 10, IMO, all they’d need to do it give it an air of ‘We found XYZ’, and things could go south for said company right quick.
“The judges order also says that the firmware change will be specific to that phone’s serial number. Presumably this is intended to allay concerns that it can be used on other phones.”
Mostly likely it would be per the serial #/MAC/etc., but w/out knowing specifics it sounds like the judge is talking out of their @ss.
“I believe that is the deal the FBI is seeking, and the deal to which they would agree if Apple would simply ask for clarification from the Judge instead of making this into a bogey man tin-foil-hat circus.”
Ha! Govt doesn’t cares about clarification, they care about POWER. It’s our way...or jail. If govt were interested in ‘clarification’, they used language you couldn’t drive a cargo ship through and the ‘law’ would not be so...muddy.
“I don’t trust them either, but the branch generally regarded as most trustworthy at securing rights protected under the US Constitution is the Judiciary.”
Ones whom ALSO cannot discern a distinction between ‘shall’ and ‘shall not’; if that ain’t scary right there, I don’t know what IS.
So this IT person gets a pass and doesn't get charged with any crime?
“profile criminal case, I think I’d have not changed anything on the device and enlisted the help of the big boys.
Yes, and that’s why I have no sympathy for the county IT guy, whatsoever. On a case like this, that phone should have been placed in a sealed evidence bag until the person in charge of the investigation said otherwise.”
They should have sealed the apartment as well instead of opening it up to reporters. Someone is very, very stupid or criminal.
I have no idea what court filing ABC is talking about. I’ve read the one I linked to several times and either I’m blind and missed it or ABC is talking about something else.
“So you refuse to say one way or the other.”
well, of course I do. I have no way of knowing whether he’s a liar or not. Neither does a court. That’s why there is a process for handling this. It’s not up to me...or you.
“This phone is not unlockable now. It’s just difficult to unlock, but Apple can make it happen, just as they made it happen in 70 other cases.”
That 70 phone case you refer to was before the new iOS 9 system on the iPhones of today.
Apple does not own this phone. Apple is not connected with this crime in any way.
So with that said I don't know what you are arguing. My point is many people believe a court can issue a warrant or order for Apple to force them to unlock this phone. Apple and their employees don't work for the government and can't be forced to do so.
Now the government could ASK Apple politely pretty please with sugar on top will you help us with this but that is not what's happening.
It is vitally important to all of us that Apple politely tell the judge he or any court has no authority to order apple to do anything in this case and that they will not comply.
No, I never expected the government to give a crap about clarifying the order. I thought it was self evident that the only entity which would be interested in getting clarification would be Apple inc.
Apple has rights, and the Judge can see to it that Apple's rights are protected. Apple can get the judge to clarify the order in such a way as to allay all of Apple's concerns but one; The fact that they will have to help the FBI get into that phone.
From what I have read, the IPhone 5C (which is what this is) does not have a hardware secure enclave.
It is likely breakable with a firmware update.
Am still evaluating my position on this. There are important arguments on each side.
Here is the nightmare scenario. We have good intel that a suitcase nuke has been planted in Los Angeles at the beginning of Sept. Sept 11 would be the symbolic day for it to detonate. FBI closes in on perp, who is killed in a gunfight. We have a week and a half to find the device. Does Apple cooperate and get into his phone? Would Cook cooperate if the device was believed to be in Silicon Valley?
That’s not what’s happening, not even close. It’s very likely there is nothing on this phone that has not been obtained from other sources. There is really nothing to even consider. Unless we want to live in a soviet style country where the government can simply issue an order for anyone to anything or go to jail we had better get behind Apple and put an absolute stop to this power grab.
It certainly is now playing out well for the FBI if the county was able to do anything with that phone after the murders.
https://assets.documentcloud.org/documents/2715926/Motion-to-Compel-Apple-Compliance.pdf
I haven’t read it yet so I am not completely sure this is the filing to which ABC refers
Page 18 in the footnote
Saw on the news that the FBI was entertaining the idea NOW. However, bet you a dime to a donut that once Apple writes the software for this “one phone” they and others will subpoena it “because it exists”.
If this is so critical after 3-4 months, why hasn’t the FBI contacted NSA or the other superspooks to decrypt the software and unlock the phone? Do you really think the others involved were using other than “throw away” phones?
Its so simple. I can’t understand why they didn’t go right for the compromise if it is so important as you suggested. Much harder for Apple to protest over an event they’re worried about happening. If they don’t unlock this then they’re advertising to anyone planning a crime that this is the phone for them. I don’t know about you, i do understand the issues people have, but i find their behavior despicable.
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