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Apple threw the words of FBI Director James Comey back in his face Friday in the company's battle with the Department of Justice over unlocking an encrypted iPhone.
In documents filed in federal court in Brooklyn, New York, Apple objected to the govement's demand that the company help investigators unlock the phone. For one thing, the courtroom is not the right place to solve the problem, Apple said.
And so did Comey, at a conference held at Kenyon College earlier this month. "[L]itigation is a terrible place to have any kind of discussion about a complicated policy issue," Apple quoted Comey as saying, "especially one that touches on our values, on the things we care about most, on technology, on trade-offs and balance."
Apple also questioned whether the govement truly needs its help, given that it was able to crack a different iPhone in a separate case without the company's help. In that case, the Justice Department also said it needed Apple's help, but at the eleventh hour before a hearing on the matter, told the court it had found a way to open the phone with the help of a third party. The cases are two of many in which govement investigators want a technology company's help in accessing encrypted user data, which can only be read when unlocked with the proper key.
The Department of Justice last week told the court that it will appeal a ruling from late February that Apple didn't have to help unlock an iPhone 5S used by a drug dealer. The man involved in the case confessed his crimes and will be sentenced in May.
An Apple attoey, speaking with reporters last week on the condition of anonymity, expressed disappointment that the govement decided to pursue the case in New York but said Apple wasn't surprised. The attoey reiterated Apple's stance that the govement is trying to set a precedent in forcing Apple to help law enforcement unlock iPhones.
The New York case is one of a number in which the govement has looked to Apple to help bypass security on iPhones. The most notable involved an iPhone 5C tied to the San Beardino, Califoia, terrorist attack in December. In that case, after fierce resistance by Apple, the govement ended up getting a work-around from a third party. The work-around applies only to the 5C and not to later models of the iPhone. The FBI still hasn't told Apple how it got into the phone.
In both instances, the US has invoked the two-century-old All Writs Act to compel Apple to help. A New York judge had determined the act couldn't be used to force Apple's hand, something the DOJ wants reversed. It's up to individual courts around the country to determine whether Apple should help or not.
The New York and Califoia cases have some notable differences. In the New York case, the phone is a higher-end iPhone than the device used in San Beardino -- a 5S versus a 5C. The 5S has a fingerprint reader, which provides tougher security. But the phone is ruing iOS 7 compared with iOS 9 in San Beardino. The two-year-old software has less-stringent security controls, which should make it easier to get data off the phone.
And in the New York case, the FBI wants Apple to extract data from the iPhone 5S, not help determine the passcode, like in Califoia. Apple would have had to create new software to bypass its own device security for the iPhone used by the San Beardino terrorist. The company argued that doing so would be an undue burden and put all iPhone users at risk. In New York, it wouldn't have to create entirely new software to get information off the device.
The Califoia case tued the previously private dealings between Apple and the FBI into a public battle and started a broader debate over privacy and security. Technology companies and rights groups argue that strong encryption, which scrambles data so it can be read only by the right person, is needed to keep people safe and protect privacy. Law enforcement argues it can't fight crimes unless it has access to information on mobile devices.
Correction at 3 p.m. PT: This story originally misstated the forum for FBI Director James Comey's Idea as quoted in Apple's filings. Comey was speaking at a conference at Kenyon College.
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نویسنده: استخدام کار