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Government Iphone Privacy Security United States

FBI Had No Way To Access Locked iPhone After Terror Attack, Watchdog Finds (zdnet.com) 126

The FBI did not have the technical capability to access an iPhone used by one of the terrorists behind the San Bernardino shooting, a Justice Department watchdog has found. ZDNet: A report by the department's Office of Inspector General sheds new light on the FBI's efforts to gain access to the terrorist's phone. It lands almost exactly a year after the FBI dropped a legal case against Apple, which had refused a demand by the government to build a backdoor that would've bypassed the encryption on the shooter's iPhone. Apple said at the time that if it was forced to backdoor one of its products, it would "set a dangerous precedent." Syed Farook and his wife, Tashfeen Malik, killed 14 people in the southern Californian town in December 2015. The 11-page report said that the FBI "had no such capability" to access the contents of Farook's encrypted iPhone, amid concerns that there were conflicting claims about whether the FBI may have had techniques to access the device by the time it had filed a suit against Apple. Those claims were mentioned in affidavits in the court case, as well as in testimony by former FBI director James Comey.
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FBI Had No Way To Access Locked iPhone After Terror Attack, Watchdog Finds

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  • by Anonymous Coward on Tuesday March 27, 2018 @11:53AM (#56334771)

    Continuing to discuss this topic just plays into the hands of people who want to take your rights away. By keeping the discussion going for years they start to normalize the idea that there is something to discuss - i.e. that both sides have merit. They don't. It is just a case of one side having no point but refusing to die. But by keeping the articles flowing the public starts to get the subtle "both sides must have a point" message.

    You aren't just stepping onto the slippery slope, you are helping them spread the crisco. Just stop.

    • Continuing to discuss this topic just plays into the hands of people who want to take your rights away.

      If you don't discuss the topic then the people who want to remove your rights will succeed in doing so. Heck we're still having to argue against idiots who think racism is good, vaccines are bad, homeopathy is effective, climate change isn't real, the moon landings were a hoax, evolution is a "theory", etc. If you don't engage the idiots and slap them down then the idiots will win by default.

      Unfortunately we have a lot of news media that continue to present every story as if there are two equally valid si

      • Maybe start weaning yourself (and others) off 'news' and TV more generally - if you can't stop them from spreading outright nonsense, you can at least stop listening to it.

        • by sjbe ( 173966 ) on Tuesday March 27, 2018 @12:48PM (#56335191)

          Maybe start weaning yourself (and others) off 'news' and TV more generally - if you can't stop them from spreading outright nonsense, you can at least stop listening to it.

          Pretending idiots don't exist will result in the idiots winning. Boycotts don't work unless they involve enough people to really make a difference and to get that you have to have already changed minds rendering the boycott pointless. Worthwhile to try to convince others to listen to credible news sources but tuning out without ensuring others are tuning out too is a Bad Idea.

          • Pretending idiots don't exist will result in the idiots winning

            Even if I choose not to smear myself in shit, it still exists - it's a choice though.

        • by fedos ( 150319 )
          Ah, yes, if you ignore the problem then it will surely go away.
      • If you don't discuss the topic then the people who want to remove your rights will succeed in doing so

        What rights exactly are you referring to? What is the difference between the FBI reading a dead gunman's postal mail, and the FBI having Apple send an over the air update to unlock the dead gunman's phone. They already had full authority to seize all of the gunman's correspondence. I guess it makes us feel better that Apple didn't want to comply, but then aren't we just pinning our hopes on the whims of a corporation?

        Rather, it seems the sole reason they chose not to comply with the FBI was to continue the

        • by sjbe ( 173966 ) on Tuesday March 27, 2018 @01:05PM (#56335325)

          What rights exactly are you referring to? What is the difference between the FBI reading a dead gunman's postal mail, and the FBI having Apple send an over the air update to unlock the dead gunman's phone.

          If I really need to explain that to you please hand in your geek card. Breaking the encryption on the iPhone renders ALL encryption on the iPhone useless. It isn't just the government we are worried about here. If the US government can get into my correspondence then so can malware makers, foreign governments, thieves, etc. Any process used to open one iPhone effectively opens ALL iPhones. If I have to explain why that is bad then you need to go get some education before this discussion goes any further.

          They already had full authority to seize all of the gunman's correspondence.

          Authority != Ability. Furthermore there are civil rights issues in play here that extend FAR beyond the gunman's correspondence. I'm not worried particularly about the gunman. I'm worried about MY rights. We have limits on law enforcement because they have a LONG history of abusing their authority.

          If he had a storage unit, would you oppose the FBI compelling them to hand over the key?

          Him handing over a key to his storage locker does not render my storage locker accessible to thieves. Seriously? You don't see the difference?

          • I don't buy the argument that unlocking one phone is tantamount to a backdoor to all phones. Cook said [apple.com]

            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 — from restaurants and banks to stores and homes. No reasonable person would find that acceptable.

            He obviously had the PR department go over this with him. "The FBI wants us to apply dev firmware to a single phone in a controlled environment? Let's say it's a hacker tool that will get out on the internet and put everyone at risk." It really seems most likely that the reason Apple resisted this court order was because they wish for you to think your data is safe from them when, in reality, they have not

            • I don't buy the argument that unlocking one phone is tantamount to a backdoor to all phones.

              Then you don't understand the technology at work. With any encryption if you break it on one device you have de-facto broken it on every device that shares that encryption system. That's how it works like it or not. It is analogous to the act of creating a key. If you hand a key to a third party (even a trusted one) that key can (and probably will) be copied without your knowledge or consent. If there is a backdoor with a weak or nonexistent key there is no way to hide it so that only the "good" guys ha

      • Well, evolution IS a theory. It's just the theory that's currently the most likely to accurately explain the origin of species.

        LK

    • Continuing to discuss this topic just plays into the hands of people who want to take your rights away. By keeping the discussion going for years they start to normalize the idea that there is something to discuss - i.e. that both sides have merit.

      Kinda like the anti-gunners, the ones that want to eventually get rid of the 2A.

      I've just never before thought that so many of the US citizenry would be united in forcefully fighting to reduce their own rights on so many different fronts.

      • Oddly enough, there are very few trying to ban all guns. I've found that sticking most gun-owning conservatives in a room with most reform-minded liberals and keeping the tone calm gets you a bunch of people who all have the same ideals and goals.

        There are a few folks over at NGRA and way, way off to the left who think we should eliminate all background checks and automatic weapons bans or that we should ban all firearms unconditionally in the entire nation. 90% of the country thinks they're nuts, but hal

  • by Anonymous Coward

    I guess FBI and the newspapers will keep repeating this story until they get their backdoor.

    Itâ(TM)s quite interesting however that it seems no other nation has huge problems to retrieve forensic data from iPhones...

  • by sjbe ( 173966 ) on Tuesday March 27, 2018 @12:02PM (#56334829)

    The FBI did not have the technical capability to access an iPhone used by one of the terrorists behind the San Bernardino shooting

    So what? For most of the FBI's existence they didn't have access to any iPhones at all and yet somehow they still managed to be an effective police force. It is highly unlikely that any critical evidence was on the phone that could not be gathered by any other means or that the inability to unlock the phone would result in an acquittal. It's no different than if the phone was damaged or lost. The FBI can suck it up and do some old fashioned investigating. They have access to metadata, witnesses, video, testimony, and much more. If that isn't enough it's unlikely that the iPhones will make or break the case.

    • Because the phone did not belong to the terrorist. It belonged the San Bernardino County government. It was assigned to the terrorist for work use (i.e. he didn't own nor pay for it, and he was only supposed to use it for tasks which the owner could audit anyway). On top of that, the guy was dead, and legally thus far your human rights evaporate upon death.

      Apple spun it as a privacy issue, as if the government were trying to get into your personal phone, and the press ate it up. That wasn't the case
      • On top of that, the guy was dead, and legally thus far your human rights evaporate upon death.

        That is patently not true, although I have been hearing rumblings of it recently.

        When you die, your rights pass on to your next-of-kin, and it has always been this way. Otherwise, upon a person's death the government (or anyone else for that matter) could legally seize all property that was under said deceased person's name.

    • So what? For most of the FBI's existence they didn't have access to any iPhones at all and yet somehow they still managed to be an effective police force.

      False equivalency.

      50 years ago if I wanted to talk to you about doing a crime I could phone you, write you a letter, or send you a telegram. The FBI could and did intercept all those communications to catch bad guys.

      They were able to be an 'effective police force' due in large part to the lack of technological impediments.

      Today, I could commun

  • Given the IRS's reign of auditing against the tea party and the DOJ vetting their activity with Bill Clinton at the airport I have more concerns about the federal government than I do about jihad.

    The day will come and is already here when it won't matter if you are law abiding or not.
  • And yet... (Score:5, Informative)

    by oh_my_080980980 ( 773867 ) on Tuesday March 27, 2018 @12:13PM (#56334927)
    Very misleading. FBI didn't pursue a solution internally and an outside vendor was found that could. So saying the FBI wasn't able to is incorrect. Did the FBI possess the technical ability at the time, perhaps not. Could they obtain it, YES!

    "According to the report, FBI executive assistant director Amy Hess "became concerned" that the department chief of the Cryptographic and Electronic Analysis Unit (CEAU), the division charged with obtaining evidence from electronic devices, did "not seem to want to find a technical solution" that would unlock the shooter's phone.

    The report added that the chief said he may have have known of a solution, "but remained silent in order to pursue his own agenda of obtaining a favorable court ruling against Apple.

    The report found that nobody withheld knowledge of an existing technical capability, as Hess had feared, but the watchdog found that the CEAU didn't pursue all possible avenues in the search for a solution. http://www.zdnet.com/article/f... [zdnet.com]
    • I came here to say the same thing. The summary is terrible. The report basically says that the FBI knew they could get into the phone but didn't want to admit it, so they could pursue the court case and obtain the precedent they wanted.

  • by dweller_below ( 136040 ) on Tuesday March 27, 2018 @12:33PM (#56335087)

    I believe that the FBI is attempting to distract us from the critical, core issues of this debate. In arguing the technical details of accessing cell phones, they distract from the critical speech issues. They REALLY don't want us to ask:

    • * What should be the limits of government power?
    • * Are we engaged in Speech or Association when we use our phones?

    The US government has managed to bypass the 1st, 4th and 5th amendments by creating and extending the 3rd party doctrine. This doctrine roughly states that once information passes out of an individual's direct control, he can no longer exercise any control over it. This gives the government easy access to huge amounts of shared information.

    The "Responsible Encryption" debate is a new legal theory to destroy speech and freedom. It is a "No Party Doctrine". That is, No Party, except the government, is allowed to control information. The No Party Doctrine says that information is so important to the government, that nobody except the government should be allowed to control it. There is no information so sensitive, private or protected that it should escape government control. Since information is so important, individuals must not be allowed to control it through their speech, actions, tools, or situations.

    The FBI is cheerfully stating that the creators of the constitution would have allowed complete government control if only they had realized that information was important to a criminal investigation.

    We should denounce the "Responsible Encryption" proposals as a straightforward attack on our freedom of thought, speech and association.

    Instead, we should act to limit the 3rd party doctrine and restore our rights of speech and association.

    • The US government has managed to bypass the 1st, 4th and 5th amendments by creating and extending the 3rd party doctrine. This doctrine roughly states that once information passes out of an individual's direct control, he can no longer exercise any control over it. This gives the government easy access to huge amounts of shared information.

      Provide additional data on this topic [johnmoserforcongress.com]. I must fix this.

  • by PingSpike ( 947548 ) on Tuesday March 27, 2018 @12:41PM (#56335147)

    If the FBI cannot access the contents of dead terrorist's phones after they have committed their heinous acts then how can we expect them to properly close barn doors after the horses get out?

  • The article says that the FBI didn't have the ability to "access" but the actual report [documentcloud.org] says "exploit". The difference is that we know that the FBI had the ability to access the iCloud information that the phone shared but lost it when they disregarded Apple's advice on how to access that information. So the FBI had the ability to access some information on the phone. Also we know how to access the iPhone; guess the number combination. Given default settings with a forced delay, it would take 200+ days to u

  • Let's say there was a back door. Couldn't he still have smashed the thing with a hammer and thrown it in a lake before going full-on Jihad? What's next, mandate automatic cloud backup of all data, because someone might destroy a device before committing a crime?
  • It's possible to build a hack-resistant backdoor into something like an iPhone, but it's just not economical unless the value of a key-escrow system is extremely high.

    The key things that make it hack-resistant are:
    * Difficulty and cost of decrypting a device is high
    * Decrypting a device requires lots of human effort, lots of time, and physical access to many different things which are not in the same place.
    * Decrypting one device does not get you any closer to decrypting similar devices

    One solution - listed

  • If the FBI would actually do their job, they would have had access to those phones via warrant BEFORE the whole thing went down.

    It turns out, most of the crazy shit happening today is usually KNOWN to the FBI before the SHTF, they just never do anything or act upon this information.

    If you get word that X is gonna shoot up a bus full of Nuns, you get a warrant going and you start watching the folks in question. Hell, even Apple will help you if you have a proper warrant.

    But, going back to at least 9/11, th

  • I want law enforcement to have access. But only with a warrant. This should be treated no different that snail mail, as it's the private communications of individuals, but the system has managed to pervert that by claiming that there should be no expectation of privacy. THAT needs to be fixed.

"The vast majority of successful major crimes against property are perpetrated by individuals abusing positions of trust." -- Lawrence Dalzell

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