Posted on 02/29/2016 12:16:29 PM PST by Swordmaker
Tomorrow, Apple will make its case before Congress, as General Counsel Bruce Sewell gives testimony to the House Judiciary Committee at 1PM ET. It's Apple's first appearance before Congress since the company received an order to break security measures on a phone linked to the San Bernardino attacks, and Sewell may be facing a skeptical crowd. He'll be joined by Manhattan District Attorney Cyrus Vance, who has been an outspoken critic of the company's encryption policies, as well as a number of House representatives who have been vocal supporters of the FBI's position in the past. FBI Director James Comey will also appear before the committee, although he will appear on a separate panel.
Sewell submitted his prepared opening statement to the panel earlier today, and it is reproduced in full below:
Thank you, Mr. Chairman. It's my pleasure to appear before you and the Committee today on behalf of Apple. We appreciate your invitation and the opportunity to be part of the discussion on this important issue which centers on the civil liberties at the foundation of our country.
I want to repeat something we have said since the beginning — that the victims and families of the San Bernardino attacks have our deepest sympathies and we strongly agree that justice should be served. Apple has no sympathy for terrorists.
We have the utmost respect for law enforcement and share their goal of creating a safer world. We have a team of dedicated professionals that are on call 24 hours a day, seven days a week, 365 days a year to assist law enforcement. When the FBI came to us in the immediate aftermath of the San Bernardino attacks, we gave all the information we had related to their investigation. And we went beyond that by making Apple engineers available to advise them on a number of additional investigative options.
But we now find ourselves at the center of an extraordinary circumstance. The FBI has asked a Court to order us to give them something we don’t have. To create an operating system that does not exist — because it would be too dangerous. They are asking for a backdoor into the iPhone — specifically to build a software tool that can break the encryption system which protects personal information on every iPhone.
As we have told them — and as we have told the American public — building that software tool would not affect just one iPhone. It would weaken the security for all of them. In fact, just last week Director Comey agreed that the FBI would likely use this precedent in other cases involving other phones. District Attorney Vance has also said he would absolutely plan to use this on over 175 phones. We can all agree this is not about access to just one iPhone.
The FBI is asking Apple to weaken the security of our products. Hackers and cyber criminals could use this to wreak havoc on our privacy and personal safety. It would set a dangerous precedent for government intrusion on the privacy and safety of its citizens.
Hundreds of millions of law-abiding people trust Apple’s products with the most intimate details of their daily lives – photos, private conversations, health data, financial accounts, and information about the user's location as well as the location of their friends and families. Some of you might have an iPhone in your pocket right now, and if you think about it, there's probably more information stored on that iPhone than a thief could steal by breaking into your house. The only way we know to protect that data is through strong encryption.
Every day, over a trillion transactions occur safely over the Internet as a result of encrypted communications. These range from online banking and credit card transactions to the exchange of healthcare records, ideas that will change the world for the better, and communications between loved ones. The US government has spent tens of millions of dollars through the Open Technology Fund and other US government programs to fund strong encryption. The Review Group on Intelligence and Communications Technology, convened by President Obama, urged the US government to fully support and not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software.
Encryption is a good thing, a necessary thing. We have been using it in our products for over a decade. As attacks on our customers’ data become increasingly sophisticated, the tools we use to defend against them must get stronger too. Weakening encryption will only hurt consumers and other well-meaning users who rely on companies like Apple to protect their personal information.
Today’s hearing is titled Balancing Americans’ Security and Privacy. We believe we can, and we must, have both. Protecting our data with encryption and other methods preserves our privacy and it keeps people safe.
The American people deserve an honest conversation around the important questions stemming from the FBI’s current demand:
Do we want to put a limit on the technology that protects our data, and therefore our privacy and our safety, in the face of increasingly sophisticated cyber attacks? Should the FBI be allowed to stop Apple, or any company, from offering the American people the safest and most secure product it can make?
Should the FBI have the right to compel a company to produce a product it doesn't already make, to the FBI’s exact specifications and for the FBI’s use?
We believe that each of these questions deserves a healthy discussion, and any decision should be made after a thoughtful and honest consideration of the facts.
Most importantly, the decisions should be made by you and your colleagues as representatives of the people, rather than through a warrant request based on a 220 year- old-statute.
At Apple, we are ready to have this conversation. The feedback and support we're hearing indicate to us that the American people are ready, too.
We feel strongly that our customers, their families, their friends and their neighbors will be better protected from thieves and terrorists if we can offer the very best protections for their data. And at the same time, the freedoms and liberties we all cherish will be more secure.
Thank you for your time. I look forward to answering your questions.
There is less and less chance that criminals will use iPhones under that state of affairs. When they start using Chinese designs with no back doors we will all pay the price. 1. loss of American technical edge. 2. loss of American privacy overseas since we can't trust China not to have their own back door 3. Loss of economic power.
If any of these other entities demand the software, then Apple will have to deal with the legal system in those countries. The situation abroad is mostly irrelevant to the legal system of this nation which is the one with which Apple inc is currently dealing.
Apple can chose not to market their products in those nations, or they can comply with whatever requirements those nations insist on placing on Apple's products.
I can actually see some nations banning Apple products rather than allowing them to sell unbreakable phones. Certainly the Chinese or the Saudis, or the Iranians, and so on.
Also don't forget the critical security components for Apple are designed here.
That doesn't make any sense, and doesn't conform to what I remember about what i've read. If it's just flash, then how does it do any encryption/decryption?
No, there's got to be some brainpower in their somewhere to get such a system to work.
Personally I would much rather have a billion Chinese using a 100% secure iPhone than anything else. It’s better for the entire world in the long run. With no back door Apple can tell the Chicomms to stuff it.
iOS does not autoupdate iOS. Sorry, nice try. Are Technica is wrong. One can set autoupdate for apps only.
No, the FBI is far more reasonable than what the judge wrote in her order. Ray76 posted a copy of what the FBI asked for in their filing, and they are perfectly happy allowing Apple to control the entire process. From the filing:
"To the contrary, the Order allows Apple to retain custody of its sofware at all times, and it gives Apple flexibility in the manner in which it provides assistance. In fact, the software never has to come into the government's custody."
Liar
Flash holds data and/or code like any other memory. Most small appliances are mostly flash with just a little RAM for data. In any case the encryption / decryption is done in HW and some code in flash. There are two forms of enc/dec one is AES for bulk content (all the phone's data) That's not relevant for this discussion.
The other is the decryption of the AES key using the passcode and UID in HW. A lot of that is in hardware, the rest in flash. It is done that way with no visibility or manipulation from programs in RAM for security reasons. The SE is the next stage in secure flash. Has the code and data to decrypt the AES key while being tamperproof.
I expect that if Apple sells phones in China, they are going to agree to whatever the Chinese government demands.
What do you think?
Already answered that. Apple can tell the Chicomms to stuff it. Apple is already setting up some manufacturing in India.
What this means is that it is up to a Judge or Judges to determine if existing law compels Apple. Dan Abrams (legal consultant for ABC news) seems to think it does.
But you bring up a possibly valid legal point. I am thinking that this is the defense I would go with if I were Apple. Still don't think they will win, but this is about the best idea i've heard so far that might work legally.
WHAT SEARCH WARRANT?
This is not a search warrant.
I am thinking the Federal Judges are going to do another "penumbra" thing. :)
“Are Technica is wrong.”
So you say.
http://arstechnica.com/security/2016/02/most-software-already-has-a-golden-key-backdoor-its-called-auto-update/
Lots of comments there.
That is a very reasonable guess, but I would give it 50/50.
How are unbreakable Chinese phones different from unbreakable Apple phones? (Which I think are Chinese made anyway.)
1. loss of American technical edge.
Yeah, you might want to look at this link.
2. loss of American privacy overseas since we can't trust China not to have their own back door
We touched on this earlier. I am of the opinion that if the Chinese government wants a back door, Apple is going to give the Chinese government a back door.
3. Loss of economic power.
That toothpaste has apparently already left the tube. Part of the phenomena mentioned in that link above is the cause of it. We are too busy focusing on Racist Oscar awards and Trans-Genderism.
Absolutely not.
But neither is Apple being asked to do so.
Do you think criminals will stop using the Chinese phone if we make it illegal to use?
No, but they will likely have to go to buy them from another country to get them. Then there is the matter of putting them on US cell networks. Might be possible to interdict their operation at that point.
Also don't forget the critical security components for Apple are designed here.
I thought they were designed in Israel?
I would love to see them do that, but I very much doubt they would dare.
Your rebuttal is based on "auto" update?
Weak. Apple can do a manual update. There goes your argument.
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