Written by: Tiobe
Perhaps the best accidental endorsement of security with Apple’s iOS 8 and Android’s Lollipop operating system are statements made by the United States Federal Bureau of Investigation (FBI) disparaging the level of encryption.
“What concerns me about this is companies marketing something expressly to allow people to place themselves beyond the law,” FBI Director James Comey told reporters last September. “I like and believe very much that we should have to obtain a warrant from an independent judge to be able to take the content of anyone’s closet or their smart phone. The notion that someone would market a closet that could never be opened — even if it involves a case involving a child kidnapper and a court order — to me does not make any sense.”
Comey’s comments were in direct response to Apple changing the encryption of its new operating system to make users’ personal data impossible to retrieve, even if served with a warrant. Google quickly followed suit with its latest Android platform.
Apple and Google are likely acting in response to pressure from consumers, and it is very possible consumers differ from Comey on the definition of “independent court.”
Earlier this year, Yahoo, Inc. released thousand of pages of previously classified documents to the public from a 2007-2008 court case with the National Security Agency (NSA). The NSA requested Yahoo hand over user data, and when Yahoo refused, the NSA took the case before the Foreign Intelligence Surveillance Court (FISC), a secret court made up of 11 federal district judges and no obligation for public disclosure. FISC ruled Yahoo was legally obligated to comply with the NSA demand, and when Yahoo appealed this decision, it was faced with fines to the tune of $250,000 per day initially and set to double weekly. At that rate, Yahoo would have been insolvent in less than 100 days, and thus was forced to comply with NSA’s demands.
The case led to rumors that Apple had a “back door” in its operating system that allowed agencies like the FBI and NSA to retrieve user data at will.
“None of that is true, zero. We would never allow that to happen. They would have to cart us out in a box before we would do that,” responded Apple CEO Tim Cook. “I think people have a right to privacy.”
Cook’s sentiment might be noble, echoed by Apple consumers, and protected legally by the U.S. Constitution before the advent of the U.S. Patriot Act of 2001, but for the FBI, tasked with catching terrorists and pedophiles, it might go “too far.”
“I get that the post-Snowden world has started an understandable pendulum swing. What I’m worried about is, this is an indication to us as a country and as a people that, boy, maybe that pendulum swung too far,” Comey stated.
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Sources:
http://www.huffingtonpost.com/2014/09/25/james-comey-apple-encryption_n_5882874.html
http://www.latesthackingnews.com/2014/11/20/police-hate-new-apple-google-smartphones/
http://blogs.wsj.com/digits/2014/09/15/apples-cook-your-data-is-not-our-business/