Posted on 03/24/2016 11:20:34 AM PDT by Swordmaker
The government NEVER had a case...and they knew it. The bottom line is that they “blinked” when filing for their “postponement.
I thought I read somewhere recently that there was a private party helping to show the government how to do this and that was the reason (speculation) why they were backing down on forcing Apple to do this. Anyone else see the same thing?
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The government was humiliated in defeat . That is why they ran out the lie that they could crack the encryption on their own.
Bottom line - they were eyeball to eyeball and the government blinked.
“I thought I read somewhere recently that there was a private party helping to show the government how to do this and that was the reason (speculation) why they were backing down on forcing Apple to do this. Anyone else see the same thing?”
This, from USA Today...
Unenforceable??? Then why did the judge permit this mental masturbation to continue?
Yup, an Israeli company, Cellebrite, has supposedly suggested a way to do it . . . but it is experimental. It apparently requires lots of very expensive equipment and will only work on iPhones with A6 or older processors. . . so people with A7 processors equipped with the Secure Element won't be effected, only those with an A6 and the Encryption Engine approach to security will be vulnerable to a very expensive one-off at a time method of breaking in need worry. If it works. The FBI says they are not sure it will work.
People are reading too much into the judge's comment. The original order was signed by a Magistrate (a kind of "junior judge"). Apple (as was its right) appealed the Magistrate's ruling to the District Judge. What the judge said was that, since the order was on appeal, it couldn't be enforced until that appeal was decided. He didn't say that it was never valid.
The government never had the right to try to force Apple to do this.
Trump will be disappointed.
At this point, I'm not as sure as others on this thread that the Government "blinked" and lost.
I think it's entirely possible that the Israeli firm managed to "crack" the phone and give the Feds the data it wanted from the phone.
That would negate the primary reason for the judge's order which all along was the Government stating they "owed it to the families" to tell them whether or not they'd caught everyone responsible for killing their loved ones. Then there's the fact that the Federal Government really didn't like having an encryption scheme that they couldn't break.
Then there's always the possibility that the third-party Israeli firm managed to create a tool to reset the password counter in iOS which would then enable the Federal Government to unlock ANY phone at ANY time.
That would also in effect give the Federal Government what it wanted and negate the reason for the lawsuit.
So this could all be a ruse at this point designed to distract the public into thinking "Apple won" when in fact it may not have.
Yes, I'm that skeptical.
Magistrate Sheri Pym is the judge who would be hearing the case, and the Magistrate Judge who signed the agreement. I agree with what you said, though.
“So this could all be a ruse at this point designed to distract the public into thinking “Apple won” when in fact it may not have.”
Apple did win! And not only did it win on the legal merits, but it’s going to win in the marketplace now that everyone who has an A6 processor equipped iPhone will upgrade to the newer iPhones with the A7 chip and the better incryption scheme. Furthermore, Apple will know whether or not their phone was backdoored, and will go to work on further strengthening of their encryption protocols. We would not be here today if our Immigration Laws had been faithfuilly executed and this woman terrorist kept from entering our country. Trump is right, no Muslims into our country for the forseeable future. NONE of them are coming here for anything but to wage jihad on us all. Europe had better get off it’s ass and start wholesale deportations of their muslim population before there’s noting left of their countries! If we had a government that looked after us, we’d be doing the same thing. Take a look at Dearborn, Michigan (HQ of the Ford Motor Company) now a Muslim/Sharia-run city. Do you want to live under those conditions?
People are reading too much into the judge's comment. The original order was signed by a Magistrate (a kind of "junior judge"). Apple (as was its right) appealed the Magistrate's ruling to the District Judge. What the judge said was that, since the order was on appeal, it couldn't be enforced until that appeal was decided. He didn't say that it was never valid.
Just so. Exactly right. Until/unless appeals are exhausted, there is no foul on Apple's part.
Something else that might be useful is software on the phone that you could set it up so that if x amount of time has passed without that software being accessed, that the phone would be wiped to factory settings.
The order asked for input from Apple and, specifically, the 'burden' had not been determined.
DOJ Knew of Possible iPhone-cracking Method Before Apple Case
The iPhone in question is Model a1549 which is an iPhone 6, I believe.
"...We have engaged all parts of the U.S. government” to find a way to access the device without Apple’s help, FBI Director James Comey told lawmakers in early March. “If we could have done this quietly and privately, we would have done it.”
Yet they wonder why no one believes them.
I wonder who made the decision to turn this particular phone into a political issue?
A lot of people who care about stopping terror networks in the US will be disappointed...including Trump.
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