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The Courts Government Privacy

The ACLU Is Suing For More Information About the FBI's Phone-Hacking Lab (theverge.com) 31

On Tuesday, the American Civil Liberties Union filed a new lawsuit demanding information about the FBI's Electronic Device Analysis Unit (EDAU) -- a forensic unit that the ACLU believes has been quietly breaking the iPhone's local encryption systems. The Verge reports: "The FBI is secretly breaking the encryption that secures our cell phones and laptops from identity thieves, hackers, and abusive governments," the ACLU said in a statement announcing the lawsuit, "and it refuses to even acknowledge that it has information about these efforts." The FBI has made few public statements about the EDAU, but the lawsuit cites a handful of cases in which prosecutors have submitted a "Mobile Device Unlock Request" and received data from a previously locked phone. The EDAU also put in public requests for the GrayKey devices that found success unlocking a previous version of iOS.

In June 2018, the ACLU filed a FOIA request for records relating to the EDAU, but the FBI has refused to confirm any records even exist. After a string of appeals within the FOIA process, the group is taking the issue to federal court, calling on the attorney general and FBI inspector general to directly intervene and make the records available. "We're demanding the government release records concerning any policies applicable to the EDAU, its technological capabilities to unlock or access electronic devices, and its requests for, purchases of, or uses of software that could enable it to bypass encryption," the ACLU said in a statement.

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The ACLU Is Suing For More Information About the FBI's Phone-Hacking Lab

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  • Note I did NOT say "for illegal purposes". Reverse-engineering and security analysis require understanding systems makers would prefer to wall off. Any Slashdotter and any government or private agency has the right to buy a device and explore it.
    Be careful any proposed cure is not worse than the disease no matter how much you may rightly hate any or all government.

    • But what happens when you aren't hacking something you yourself own, but something somebody else owns? Reverse-engineering is all hunky-dory. That's not entirely what the FBI is doing here, is it?

  • by eatvegetables ( 914186 ) on Thursday December 24, 2020 @08:30PM (#60864212)

    In order for this action to go anywhere, ACLU will need to show some type of evidence that the FBI is breaking into people's phones without warrants or due process.

    However, ACLU is not asserting that. Instead, ACLU appears to be arguing that FBI shouldn't be permitted to use technical means available to law enforcement to decrypt encrypted data on phones that it seized with a warrant.

    Moreover, investigative techniques and methodologies are exempt FOIA requests. I'm sure ACLU knows this, so ACLU actions are unexpected.

    • I'm sure ACLU knows this, so ACLU actions are unexpected.

      ACLU actions are an attempt to arouse public ire, and that's all. If people start thinking the government is doing something wrong, then ACLU donations go up. And what could be worse than the government tapping people's iPhones?

    • Here is what happens with a FOIA request to DoJ without litigation: 6 pages of nothing, plus a couple of unexpected trophy envelopes from, uh, agencies that I had not made the request to. Here is what happens with litigation: 1200 pages with some interesting information and lots of blackout, with code section numbers for exemptions scribbled in the margins. This was maybe 1992, what later became known as CALEA (wiretap). Advocates here were probably EFF. DoJ actually wrote a follow-up letter maybe 2 yea
    • They certainly seem to be implying that the FBI is breaking into people's phones without warrants or due process.

      • You could be correct, but the following excerpt from the linked article makes me think otherwise.

        Public court records also describe instances where the EDAU appeared capable of accessing encrypted information off of a locked iPhone. And beyond that, the EDAU even sought to hire an electronics engineer whose major responsibilities would include âoeperform[ing] forensic extractions and advanced data recovery on locked and damaged devices.â

        • In what way does that excerpt refute anything GP said? It definitely sounds like the EDAU is breaking into phones. The only question is whether it is warrantless and/or without due process, which the except is silent on.
    • And if it is mass warrantless hacking, the FBI should just inform the ACLU it's necessary to investigate hate groups to advance the cause of racial equity. I'm sure then the ACLU would drop the matter, agreeing that like with free speech, giving up a core civil right is a small price to pay for punishing racist speech.
  • The ACLU has gone off the rails, they aren't talking about remotely hacking cellphones, I would side with them on that. No, they are talking cellphones already in the FBI's possession. How the hell can it be illegal for the FBI to reprocess data that is already legally in their possession? If this were the case every organized crime syndicate would get off hook with a simple ROT13 substitution. I'd love to seem them explain to the court that a drug dealer should be set free because it's illegal for FBI to c

  • I'm hard pressed to believe that Google and Apple don't have some sort of backdoor built into their phone encryption, or failing that that other private companies have already done what the government is accused of doing. While I understand ACLU's concern with government efforts and their possible abuse, there is a need to also be concerned about private abuses as well.

    We already know that if the government really wants user data, just find a data reseller and buy it from them. They've been doing this for

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