Welcome!

Mobile IoT Authors: Elizabeth White, Mauro Carniel, Rostyslav Demush, Pat Romanski, Liz McMillan

Related Topics: @CloudExpo, Mobile IoT, Cloud Security

@CloudExpo: Blog Post

Apple vs FBI - The Basics, Explained By @BobGourley | @CloudExpo #Cloud

An update on the ongoing battle between Apple and the U.S. government regarding Syed Rizwan Farook's iPhone

#AppleVsFBI – #FBIVsApple – The Basics, Explained, with Links to Original Documents

This post provides an update on the ongoing battle between Apple and the  U.S. government regarding Syed Rizwan Farook's iPhone, recovered by police after the horrific massacre in San Bernadino on December 2, 2015.

It is just days before the March 22, 2016, hearing in this long-running, highly publicized dispute between the FBI and Apple, with the FBI’s demands of Apple being variously termed “jailbreak,” put a backdoor into, brute force access, compromise security of, or any number of other descriptors, in the case officially known as In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203. It is a good time, among all the massive press coverage and legal wrangling, to get back to some of the basics of the legal proceedings.

On February 9, 2016, FBI Director James Comey announced that the FBI was unable to unlock the iPhone and requests Apple to help. Apple concluded it could not help to the extent required to access the phone data. After attempting to resolve the matter out of court, Apple was ordered by U.S. Magistrate (Central District of California) Sheri Pym on Feb. 16 to assist the FBI in accessing Farook’s iPhone. On Feb. 25, Apple filed a motion to have the court vacate the order. Apple’s motion to vacate is supported by a who’s who of the security and tech law fields, in the form of amicus briefs filed last week by numerous influential individuals, companies and NGOs.

General overview of the law
Technology companies have obligations under (and subject to the conditions of) U.S. law to produce data related to criminal proceedings in their possession. However there are statutory obligations (known as the All Writs Act) that put limits on those obligations. Apple argues in its motion, as do the many tech and public interest companies that have filed friends of the court briefs in this case, that the FBI is exceeding the statutory limits in its request of Apple to help the FBI provide access to the potentially relevant data that may be stored on the SB killer’s phone.

In essence, Apple and friends argue, the government’s demands in this case exceed the intent of the All Writs Act.  Apple and its supporters also contend that the government’s request violate the constitutional rights of Apple. Which specific constitutional rights are asserted to be violated differs somewhat among the briefs, and there hasn’t been time to review and inventory the arguments of all briefs.

Below is an outline of the law under which the Government has obtained an order to compel Apple to “unlock” Farook’s iPhone, and Apple’s defense to that Order.

The order

All Writs Act
The order at issue in this case was made pursuant to the All Writs Act, § 28 U.S.C. 1651 (“AWA”). The AWA says that a court may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” Basically this law has great latitude in its application, and thus has the potential for abuse. That is, it has vast potential to be used to issue writs (orders) that are not “appropriate in aid of their respective jurisdiction” or “agreeable to the usages and principles of law.”

As pointed out in the amicus brief of 32 Law Professors (in support of Apple), “the AWA tasked the federal courts with a role that was “somewhat constrained.” This provision should not be construed so broadly as to essentially endow courts with legislative authority.  Nor should it be used to give the district court a roving commission” to enlist third parties into law enforcement.” This professors’ amicus brief (as well as Apple’s and many others, argue that overreaching is what the court would do if it does not vacate the order.

Specific demands of the Order
The court’s order requires Apple to perform a very specific and extensive set of tasks. By way of example, the first two parts of those orders are the following:

  1. Apple shall assist in enabling the search of a cellular telephone, Apple make: iPhone 5C, Model: A1532, on the Verizon Network, (the “SUBJECT DEVICE) pursuant to a warrant of this Court by providing reasonable technical assistance to assist law enforcement agents in obtaining access to the data on the SUBJECT DEVICE.
  1. Apple's reasonable technical assistance shall accomplish the following three important functions: (1) it will bypass or disable the auto-erase function whether or not it has been enabled; (2) it will enable the FBI to submit passcodes to the SUBJECT DEVICE for testing electronically via the physical device port, Bluetooth, Wi-Fi, or other protocol available on the SUBJECT and (3) it will ensure that when the FBI submits passcodes to the SUBJECT DEVICE, software running on the device will not purposefully introduce any additional delay between passcode attempts beyond what is incurred by Apple hardware.

Those first two specific orders—and the remaining five—go beyond mere technical assistance. The court order is in essence a work order requiring Apple to perform specific deliverables.

Motion to Vacate and supporting arguments of Apple and Amici
In its Motion to Vacate, Apple objects to these directives because it believes them to be unreasonable (and thus outside the court’s powers under AWA) and because no other views on “reasonableness” (in particular, Apple’s) were considered by the court in making its “reasonableness” determination. Apple begins with arguing that “[T]he software envisioned by the government simply does not exist today.”

The Table of Contents of Apple’s motion to vacate goes on to very clearly outline Apple’s argument why the order should be vacated. That is, the Motion to Vacate explains in great detail why Apple believes the order requires Apple to provide unreasonable assistance and thus, runs afoul of the AWA. In addition to exceeding the scope of the AWA, the order if not vacated would, Apple further argues, violate Apple’s constitutional rights to free speech and due process.

Apple’s Motion to Vacate the order compelling it to assist the FBI makes the following arguments. In crafting its Motion to Vacate, Apple’s own words are clearer than any third pary (such as mine) summation.

  1. The All Writs Act Does Not Provide A Basis To Conscript Apple To Create Software Enabling The Government To Hack Into iPhones. [because]
    1. The All Writs Act Does Not Grant Authority To Compel Assistance Where Congress Has Considered But Chosen Not To Confer Such Authority
    2. The All Writs Act Does Not Authorize Courts To Compel The Unprecedented And Unreasonably Burdensome Conscription Of Apple That The Government Seeks
      1. Apple’s Connection To The Underlying Case Is “Far Removed” And Too Attenuated To Compel Its Assistance
      2. The Order Requested By The Government Would Impose An Unprecedented And Oppressive Burden On Apple And Citizens Who Use The iPhone
      3. The Government Has Not Demonstrated Apple’s Assistance Was Necessary To Effectuating The Warrant.
    3. Other Cases The Government Cites Do Not Support The Type Of Compelled Action Sought Here.
  2. The Order Would Violate The First Amendment And The Fifth Amendment’s Due Process Clause
    1. The First Amendment Prohibits The Government From Compelling Apple To Create Code
    2. The Fifth Amendment’s Due Process Clause Prohibits The Government From Compelling Apple To Create The Request Code

That, in essence, is the core of In the Matter of the Search of an Apple iPhone Seized During the Execution of a Search Warrant on a Black Lexus IS300, California License Plate 35KGD203.

Of course many other issues are raised in the amicus filings, and ther are additional related filings that have occurred that are relevant to this matter, such as ongoing proceedings in a similar case in Brooklyn, New York, and a recently-released report of the Congressional Research Service that covers the California proceeding (as well as analgous actions if an individual owner of the data/phone is being compelled to provide law enforcement.  I summarize that report here.  There is no paucity of widely available information about this case on the Internet. When in doubt about, it is best to stick to the original documents such as those I have linked in this article.

Apple’s request to vacate the order will be heard on March 22, 2016.

The following are the Amicus Briefs in Support of Apple

  • 32 Law Professors
  • Access Now and Wickr Foundation
  • ACT/The App Association
  • Airbnb, Atlassian, Automattic, CloudFlare, eBay, GitHub, Kickstarter, LinkedIn, Mapbox, Medium, Meetup, Reddit, Square, Squarespace, Twilio, Twitter and Wickr
  • Amazon, Box, Cisco, Dropbox, Evernote, Facebook, Google, Microsoft, Mozilla, Nest, Pinterest, Slack, Snapchat, WhatsApp, and Yahoo
  • American Civil Liberties Union, ACLU of Northern California, ACLU of Southern California, and ACLU of San Diego and Imperial Counties
  • AT&T
  • AVG Technologies, Data Foundry, Golden Frog, the Computer & Communications Industry Association (CCIA), the Internet Association, and the Internet Infrastructure Coalition
  • BSA,The Software Alliance, the Consumer Technology Association, the Information Technology Industry Council, and TechNet
  • Center for Democracy & Technology
  • Electronic Frontier Foundation and 46 technologists, researchers, and cryptographers
  • Electronic Privacy Information Center (EPIC) and eight consumer privacy organizations
  • Intel
  • iPhone security and applied cryptography experts including Dino Dai Zovi, Dan Boneh (Stanford), Charlie Miller, Dr. Hovav Shacham (UC San Diego), Bruce Schneier (Harvard), Dan Wallach (Rice) and Jonathan Zdziarski
  • Lavabit
  • The Media Institute
  • Privacy International and Human Rights Watch

Read the original blog entry...

More Stories By Bob Gourley

Bob Gourley writes on enterprise IT. He is a founder and partner at Cognitio Corp and publsher of CTOvision.com

@ThingsExpo Stories
Imagine if you will, a retail floor so densely packed with sensors that they can pick up the movements of insects scurrying across a store aisle. Or a component of a piece of factory equipment so well-instrumented that its digital twin provides resolution down to the micrometer.
In his keynote at 18th Cloud Expo, Andrew Keys, Co-Founder of ConsenSys Enterprise, provided an overview of the evolution of the Internet and the Database and the future of their combination – the Blockchain. Andrew Keys is Co-Founder of ConsenSys Enterprise. He comes to ConsenSys Enterprise with capital markets, technology and entrepreneurial experience. Previously, he worked for UBS investment bank in equities analysis. Later, he was responsible for the creation and distribution of life settle...
Product connectivity goes hand and hand these days with increased use of personal data. New IoT devices are becoming more personalized than ever before. In his session at 22nd Cloud Expo | DXWorld Expo, Nicolas Fierro, CEO of MIMIR Blockchain Solutions, will discuss how in order to protect your data and privacy, IoT applications need to embrace Blockchain technology for a new level of product security never before seen - or needed.
BnkToTheFuture.com is the largest online investment platform for investing in FinTech, Bitcoin and Blockchain companies. We believe the future of finance looks very different from the past and we aim to invest and provide trading opportunities for qualifying investors that want to build a portfolio in the sector in compliance with international financial regulations.
Leading companies, from the Global Fortune 500 to the smallest companies, are adopting hybrid cloud as the path to business advantage. Hybrid cloud depends on cloud services and on-premises infrastructure working in unison. Successful implementations require new levels of data mobility, enabled by an automated and seamless flow across on-premises and cloud resources. In his general session at 21st Cloud Expo, Greg Tevis, an IBM Storage Software Technical Strategist and Customer Solution Architec...
Nordstrom is transforming the way that they do business and the cloud is the key to enabling speed and hyper personalized customer experiences. In his session at 21st Cloud Expo, Ken Schow, VP of Engineering at Nordstrom, discussed some of the key learnings and common pitfalls of large enterprises moving to the cloud. This includes strategies around choosing a cloud provider(s), architecture, and lessons learned. In addition, he covered some of the best practices for structured team migration an...
No hype cycles or predictions of a gazillion things here. IoT is here. You get it. You know your business and have great ideas for a business transformation strategy. What comes next? Time to make it happen. In his session at @ThingsExpo, Jay Mason, an Associate Partner of Analytics, IoT & Cybersecurity at M&S Consulting, presented a step-by-step plan to develop your technology implementation strategy. He also discussed the evaluation of communication standards and IoT messaging protocols, data...
Coca-Cola’s Google powered digital signage system lays the groundwork for a more valuable connection between Coke and its customers. Digital signs pair software with high-resolution displays so that a message can be changed instantly based on what the operator wants to communicate or sell. In their Day 3 Keynote at 21st Cloud Expo, Greg Chambers, Global Group Director, Digital Innovation, Coca-Cola, and Vidya Nagarajan, a Senior Product Manager at Google, discussed how from store operations and ...
In his session at 21st Cloud Expo, Raju Shreewastava, founder of Big Data Trunk, provided a fun and simple way to introduce Machine Leaning to anyone and everyone. He solved a machine learning problem and demonstrated an easy way to be able to do machine learning without even coding. Raju Shreewastava is the founder of Big Data Trunk (www.BigDataTrunk.com), a Big Data Training and consulting firm with offices in the United States. He previously led the data warehouse/business intelligence and B...
"IBM is really all in on blockchain. We take a look at sort of the history of blockchain ledger technologies. It started out with bitcoin, Ethereum, and IBM evaluated these particular blockchain technologies and found they were anonymous and permissionless and that many companies were looking for permissioned blockchain," stated René Bostic, Technical VP of the IBM Cloud Unit in North America, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Conventi...
A strange thing is happening along the way to the Internet of Things, namely far too many devices to work with and manage. It has become clear that we'll need much higher efficiency user experiences that can allow us to more easily and scalably work with the thousands of devices that will soon be in each of our lives. Enter the conversational interface revolution, combining bots we can literally talk with, gesture to, and even direct with our thoughts, with embedded artificial intelligence, whic...
When shopping for a new data processing platform for IoT solutions, many development teams want to be able to test-drive options before making a choice. Yet when evaluating an IoT solution, it’s simply not feasible to do so at scale with physical devices. Building a sensor simulator is the next best choice; however, generating a realistic simulation at very high TPS with ease of configurability is a formidable challenge. When dealing with multiple application or transport protocols, you would be...
Smart cities have the potential to change our lives at so many levels for citizens: less pollution, reduced parking obstacles, better health, education and more energy savings. Real-time data streaming and the Internet of Things (IoT) possess the power to turn this vision into a reality. However, most organizations today are building their data infrastructure to focus solely on addressing immediate business needs vs. a platform capable of quickly adapting emerging technologies to address future ...
We are given a desktop platform with Java 8 or Java 9 installed and seek to find a way to deploy high-performance Java applications that use Java 3D and/or Jogl without having to run an installer. We are subject to the constraint that the applications be signed and deployed so that they can be run in a trusted environment (i.e., outside of the sandbox). Further, we seek to do this in a way that does not depend on bundling a JRE with our applications, as this makes downloads and installations rat...
Widespread fragmentation is stalling the growth of the IIoT and making it difficult for partners to work together. The number of software platforms, apps, hardware and connectivity standards is creating paralysis among businesses that are afraid of being locked into a solution. EdgeX Foundry is unifying the community around a common IoT edge framework and an ecosystem of interoperable components.
DX World EXPO, LLC, a Lighthouse Point, Florida-based startup trade show producer and the creator of "DXWorldEXPO® - Digital Transformation Conference & Expo" has announced its executive management team. The team is headed by Levent Selamoglu, who has been named CEO. "Now is the time for a truly global DX event, to bring together the leading minds from the technology world in a conversation about Digital Transformation," he said in making the announcement.
In this strange new world where more and more power is drawn from business technology, companies are effectively straddling two paths on the road to innovation and transformation into digital enterprises. The first path is the heritage trail – with “legacy” technology forming the background. Here, extant technologies are transformed by core IT teams to provide more API-driven approaches. Legacy systems can restrict companies that are transitioning into digital enterprises. To truly become a lead...
Digital Transformation (DX) is not a "one-size-fits all" strategy. Each organization needs to develop its own unique, long-term DX plan. It must do so by realizing that we now live in a data-driven age, and that technologies such as Cloud Computing, Big Data, the IoT, Cognitive Computing, and Blockchain are only tools. In her general session at 21st Cloud Expo, Rebecca Wanta explained how the strategy must focus on DX and include a commitment from top management to create great IT jobs, monitor ...
"Cloud Academy is an enterprise training platform for the cloud, specifically public clouds. We offer guided learning experiences on AWS, Azure, Google Cloud and all the surrounding methodologies and technologies that you need to know and your teams need to know in order to leverage the full benefits of the cloud," explained Alex Brower, VP of Marketing at Cloud Academy, in this SYS-CON.tv interview at 21st Cloud Expo, held Oct 31 – Nov 2, 2017, at the Santa Clara Convention Center in Santa Clar...
The IoT Will Grow: In what might be the most obvious prediction of the decade, the IoT will continue to expand next year, with more and more devices coming online every single day. What isn’t so obvious about this prediction: where that growth will occur. The retail, healthcare, and industrial/supply chain industries will likely see the greatest growth. Forrester Research has predicted the IoT will become “the backbone” of customer value as it continues to grow. It is no surprise that retail is ...