Posted on 11/20/2017 2:55:01 PM PST by Swordmaker
That being said, Apple may have possession of the back-up data from that iPhone stored in the shooter's iCloud account. As custodian of those data, a search warrant for those data is entirely appropriate and Apple is required to produce what it has access to produce and to hand those data over to the appropriate authorities, IF the Texas Shooter opted to back-up his iPhone to an iCloud account. If he did not so opt, then there will be nothing there. Apple did exactly that with the San Bernardino Terrorist's data from that iPhone 5c (unfortunately, that data was discontinued at the end of October at the option of the terrorist) and offered to do the same in the Texas Church Shooting as soon as they heard there was a phone involved. . . but apparently they were never contacted by the Texas authorities. Apple DOES have to have a valid search warrant in hand before they can legally violate any user's secure data.
One error in this article is that the FBI did eventually get the iPhone 5c in the San Bernardino Terrorist case unlocked at a cost of over $1 million, but not with "software" as it was a hardware hack requiring the use of virtual iPhones to unlock the older model iPhone. The "case" was never "dropped," because there really was no lawsuit against Apple, but rather an All Writs court order which was quashed.
After spending all that time and money to unlock the terrorist's iPhone, nothing dispositive was found on the device as it was discovered to have been used only for work purposes and had received only a couple of calls and a few incidental texts from the perpetrator's wife of the nature of "Are you on your way home?" and "Please stop and buy some milk on your way home."
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Someone needs to that this stuff to the Supreme Court so we won’t need to jerk around getting an answer in the future.
That's exactly right. The search warrant is on the IPhone account and not the iPhone. Apple has the data in the cloud and should provide it based on a legal search warrant.
1) Thank you for using “data” correctly as a plural noun
2) Completely agree with your analysis
3) Not so much an Apple issue — much broader IMHO. Apple is just the canary in the coalmine.
I hope there's a decent explanation for all this kerfluffle.
Love and adore the rangers of yore. This modern bunch says they have a warrant..to make apple... somehow overcome....math?
morons...
The story lies about what the FBI tried to do last year. They did not try to have Apple unlock the San Bernardino iPhone, they tried to force Apple to create a backdoor to EVERY iPhone.
That’s a hell of a big detail to mess up on.
“Texas Ranger Kevin Wright has produced search warrants for photos, messages, documents, and other data that might be stored on Kelleys iPhone and his iCloud account. Access to this information, authorities say, could help shed light on the worst mass shooting in the states history.”
Well gosh... a warrant?
Does he have any idea that this is a practical impossibility?
This may come as a shock but not everyone backs up to the cloud since Apple only gives 5 meg of free space and iPhones now come in 256 meg configuration.
Apple or for that matter no one can give what they don't have. I think that may be on purpose.
I know you have done it dozens of times, but can you please post up details of how secure this phone is, and the absurdity that someone can just demand apple to “break into” it?
Probably not.
“... phones and the encryptions...”
Dibs on “iPhone and the Encryptions” for a band name.
also ... IF the data is in the cloud the data is stored as encrypted data. Apple would have to deliver the unencrypted data or the keys so LEAs can retrieve the data. At least that’s how it used to work. Been out of that area for a while.
An idiot who believed Apple when it said it had conquered the US Constitution.
http://blogs.findlaw.com/third_circuit/2017/03/man-held-in-contempt-for-refusing-to-unlock-devices-in-child-porn-case.html
He’s enjoyed 2 years in jail so far. Hopefully the Supreme Court will take his case and start to put an end to the high-profit encryption practices of Apple and others.
I think this whole thing is another farce aimed at trying to force apple to create FBIOS and give it to Fedzilla. They have some deranged idea that absolutely NO data should be able to be hidden from them.
Think about that, they have decided they have a right to access every single bit of information in America.
They know who did the church shooting and why. They know the numerous primary and causal ways Fedzilla dropped the ball. And now they cynically are using this to advance their security state agenda.
“IF the data is in the cloud the data is stored as encrypted data. Apple would have to deliver the unencrypted data or the keys “
Apple doesn’t hold any “keys” and to my knowledge cannot realistically create them. They can demand all they want to decipher the encrypted data and i don’t think it can be.
I hope apple -strengthens- it’s encryption. Encryption makes the world a better place. Government being able to read everything makes it worse.
Thems just the facts...
“It’s better for you than the US Constitution!”
Yeah, that’s a common remark from demonstrable fools.
One of these encryption marketers needs to get sued for the cost of cracking their public nuisances.
It’s be an open and shut case.
Apple, though, has a lot of money to throw at media and politicians. I think they could win the issue with the mob.
Public nuisances? Que? That so called nuisance as you call it guarantees my data is secure, along with my credit card, photos, conversations and business. And its of no business to you, random hackers or big daddy gubermint what business I do on my phone.
You must be a hackers wet dream or that guy that sits in front of mailboxes waiting for your checks to be delivered.
Would your password happen to be password?
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