Friday, February 19, 2016

Encrypted Fruit: A Look at Apple Vs. the FBI


As the FBI continues to investigate Tashfeen Malik and Syed Farook, the shooters behind the San Bernardino shootings last year, they’ve run up against a bit of a wall. A firewall.

The next battle in the “crypto wars” is here—and it’s a doozy. Farook’s iPhone 5C is locked by the standard numerical pin lock on most phones, but that model also has a feature that would delete all the data on them after 10 failed passcode attempts, meaning the government doesn’t know if it’s safe to brute force their way in.

Now they’re attempting to legally compel Apple to help them open it, dusting off an old law and kicking up a lot of dust in the debate over encryption.

The Law

The All Writs Act, to be precise, included in the Judiciary Act of 1789 (that’s right; enacted in the first ever session of the United States Congress). The Act itself is only applicable if there’s no statute, law, or rule that deals with the specific issue, and that issue must be “extraordinary circumstances.” The business in question (Apple, here) has to have a connection to the case, and must comply so long as that compliance is not a burden.

In this case, the government has qualified it as an extraordinary circumstance, and argue that it’s feasible that Apple engineers could build a specialized program to help the FBI gain access.
federal magistrate judge agreed, ordering Apple to assist in unlocking the phone. But for Apple, the picture is wider than unlocking just one iPhone, as Kathleen Porter writes for the Data Privacy & Security Insider:

The court’s order gave Apple five days to object if Apple believed that complying with the order would be “unreasonably burdensome.” Almost immediately, Apple issued an open letter on its website, arguing that complying with this order would weaken encryption for all iPhone users. Apple’s argument is that once a backdoor method or key to unlock the data is known, the government will want to use this method or key to access the encrypted data on other cellphones. Additionally, Apple argued that hackers would find a way to exploit this back door key to steal data. The White House responded to Apple’s argument by confirming that the Department of Justice is seeking access to the data on Farook’s iPhone, it is not asking Apple to jeopardize the security of cellphone products generally by creating or providing a backdoor to encrypted data.

Whichever way this case goes, it’s certainly an unprecedented application of the All Writs Act. Usually when used it’s to compel companies to cough up information they already have access to. Apple, by design, has no access to the information on the phone, so the FBI is essentially conscripting Apple engineers to build forensic software for the agency.

There are already legal avenues that deal with how far companies need to go to help police spy on messages, but so far there’s no mention of cracking encryption. Which is where the crypto wars come in.

The Fight
The problem, as it has always been in the crypto wars, is that the tech community has a much broader idea of what entails a “backdoor” than the government does. Throughout the past few years, the law enforcement community has been arguing that modern encryption—where not even the companies making the products have access to the information—make it too hard for even search warrants to do their job.

But technologists have maintained that encryption is only as strong as its weakest link. If anyone other than the user can get in then it’s not secure—and in a time when there’s a new hack for every day of the week, that’s an important protection to have.

It may seem like a bit of an inflation for this fight to fall in with an on-going war over encryption; the government is, after all, not attempting to compel them to build a backdoor for them (as they have in the past), it’s asking them to help the FBI to unlock this one dead terrorist’s phone. It’s not the first time a tech company, let alone Apple, has been ordered to effectively decrypt its product.

But in other ways, this is the sort of fight that the battle over encryption has always been leading to: Apple’s profile is so high; the case, so seemingly singular; the law, such a unique application; it’s really where all the roads of this have been headed. Apple sees compromising as bad precedent. The FBI sees a bite sized chunk of access they can win—and, detractors argue, abuse.

And so it’s no wonder that Apple is putting its foot down. The encryption of its customers information has become one of their most important crusades, and compromising in this case could, they argue, do more than just set a wishy-washy precedent. It could potentially open a backdoor for the FBI (and thus, all interested hacking parties) to all encrypted Apple products by reverse engineering the firmware.

“The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks,” said Apple CEO Tim Cook in his public response.

The Ugly, and On-Going Battle
And so, given its limited choices, Apple has taken a stand against the FBI, stating Wednesday that they would be challenging the California magistrate judge’s order. And will likely be in for a long, divisive battle. In Apple’s corner they have the EFFthe ACLUEdward Snowden, and (after a period of notable silence) fellow Silicon Valley powerhouses. Meanwhile the government’s case has found the rare bipartisan support, meaning this case could be a catalyst for legislation. San Bernardino residents, meanwhile, are mixed with their support.

Whether this case will set a precedent or just be supremely high profile remains to be seen. Even now, it’s not the only case a company, or even Apple, is fighting about unlocking one of their phones. But as The New York Times notes, this argument could already be having an effect on encryption policies around the world:

China is watching the dispute closely. Analysts say that the Chinese government does take cues from the United States when it comes to encryption regulations, and that it would most likely demand that multinational companies provide accommodations similar to those in the United States.

Last year, Beijing backed off several proposals that would have mandated that foreign firms provide encryption keys for devices sold in China after heavy pressure from foreign trade groups. Nonetheless, a Chinese antiterrorism law passed in December required foreign firms to hand over technical information and to aid with decryption when the police demand it in terrorism-related cases.



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