Data security is a major area of concern which is only
periodically given attention. This subject is currently because the FBI are attempting
to gain access to data on an iPhone belonging to Syed Rizwan Faroo. (one of the
San Bernardino attackers) In addition to this there are many other court orders
asking Apple for data on iPhones as well for other cases.
iPhones contain a lot of data which is held locally on the
device itself. This data is much harder for others to obtain without consent by
the user. Wired poses a great point which I would like to take note of in this
issue. That is that the security which was developed by apple is certified by a
digital signature in order to be installed on apple devices. If Apple were
forced to open the security of their devices, that update would have to be
attached to a digital signature from Apple. This therefore would be forced
speech and therefore against the first amendment to the constitution. In fact,
the case of Bernstein
vs. US Department of Justice recognized that code is speech and therefore
it is protected by the first amendment. When talking about this it is also good
to note that anyone who sends an email with PGP encryption also is signing
their work.
The government has compelled some firms to write specific
things in the past. This was on products such as food which would keep the
public informed, non-controversial, and factual. In Apple’s case, the “speech” is
not entirely factual due to the company knowing that they would be sending out
a inferiorly secure system. This would not only hurt the product but also damage
trust with Apple’s customers.
Still, with this information to back the company up, Apple has stated that their primary defense to their argument to the US is the All Writs Act. This allowed companies to geo locate their phones and record numbers which were made and received from those phones. It does not however state anything about collecting data that is password encrypted on the phone itself.
Citation:
http://www.wired.com/2016/02/apple-may-use-first-amendment-defense-fbi-case-just-might-work/
http://www.wired.com/2016/02/apple-may-use-first-amendment-defense-fbi-case-just-might-work/
Nicely done. Interesting news about how the FBI was able to hack the iPhone without Apple.. Not revealing why, but now that the F.B.I. has accessed this iPhone, "it should disclose the method for doing so to Apple,” go to give Apple the chance to fix that security issue, which likely affects many other iPhones.
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