Apple can and should maintain the privacy of the information their customers have on Apple devices. But what if the owner is a criminal or terrorist, and the relevant law enforcement agency has a court-ordered warrant? Apple should bend over backwards to help the agency fight crime and terrorism. It can do this without "back doors" or any of the awful things that some people talk about.
The government
The government scares me. I don’t want them anywhere near my private information. They have way too much power. If any little thing goes wrong, someone in government can trample all over me. My fear is equal opportunity. If Republicans are in charge, some of them will be corrupt and will decide to use my private information to trample on my rights. If Democrats are in charge, same thing. And bureaucrats of whatever stripe ... I shudder. I want to be able to have my private information encrypted and secure, so that no one – including the institutions who are supposed to be keeping us safe – has access to it. PERIOD.
Sadly, the government already has whole huge piles of my private information all over the place in their files and computers. Moreover, the government appears to be incompetent at keeping private information private. The IRS has been hacked. The White House itself has been hacked. Even that biggest and baddest of security agencies, the NSA, had a massive insider breach. This is not the sort of thing that’s going to be fixed, because they don’t even have the theory of information security right, much less the practice. Details here.
On the other hand…
There are bad guys out there!
Bad guys are bad. They want to steal things. Some of them want to hurt me. They have all sorts of reasons. Some are crazy, some are sociopaths, some are evil, some are driven by a religious and/or political ideology that leads them to commit acts of violence; sometimes we call them terrorists. People in various institutions have the job of keeping law-biding people safe from the depredations of criminals, crazies and terrorists, and/or tracking them down after they’ve done one of the heinous things they are wont to do. These protectors including various branches of the military and other branches of the government, including the CIA, FBI, NSA and others. Like any normal, sane person, I want to be safe. I want someone to keep me safe from the bad guys, and when bad things happen, I want someone to track down the bad guys to prevent them from doing more bad, and to send a message to other bad guys that they probably won’t get away with whatever bad thing they have in mind.
This means…
The government needs to keep out of the private business of the citizens. We are part of a country ruled by a Constitution. There is a Bill of Rights, the fourth amendment in particular. HOWEVER: The government's job includes keeping us citizens safe while protecting our rights. Part of the job.
The people who keep us safe and dig into crimes when prevention hasn’t prevented need to be able to do their jobs. If the courts agree to issue a subpoena, they need to be able to search for evidence. Under the fourth amendment and codified in long-standing procedure, there is a process for ensuring that the privacy of law-abiding citizens is maintained, while at the same time ensuring that, with proper judicial approval, searches and seizures can be performed to maintain the safety of citizens.
Under the right circumstances and controls, sane people want government law enforcement agents to do their jobs, protect us and catch wrong-doers.
What about Apple?
Prior to iOS 8 and the current brouhaha, Apple responded as it should have to requests of this kind, thousands per year of normal requests and hundreds per year involving national security. See here for details. Suddenly they changed. Here is the choice they made.
Currently Apple has a well-deserved reputation as a criminal’s friend and supporter of terrorists. Do you think the bad guys don't pay attention? They do.
What Apple should do
Apple should become:
- the best friend of law-biding citizens who want to maintain the privacy that is their right under the Fourth Amendment, while at the same time becoming
- the scourge of criminals and terrorists.
Specifically, Apple should strengthen and grow the facility they already operate on their Cupertino campus to receive and crack the devices of criminals and others, under strict subpoena and court order control. As they do today. They can and should extend this valuable, safety-maintaining service to iOS 8 and all future hardware and software.
Would this be expensive? What if it cost, say, $20 million a year? That amounts to less than 0.01% of the CASH that Apple has on hand. It would be a rounding error at ten times the cost.
Apple could brand the center as the scourge of criminals and terrorists, and make their phones something that bad guys actively avoid using. That way, anyone who uses an iPhone is proclaiming that they’re a good guy – and they’re also proclaiming that Apple keeps their private information safe and secure, unlike (I’m sad to say) most government agencies.
Is this possible? Yes. Apple has wisely avoided denying that they are incapable of cracking a phone that is in their physical possession. Which are the only phones they should be cracking anyway. Should they give their tools to anyone else? NO WAY!
What about phones that are in the field? Could Apple remotely hack them? Of course they could! Strictly under court order, strictly from the Cupertino Bat-cave, and solely the identified phone under Warrant.
Apple's ability to crack phones under these strictly limited circumstances has NOTHING to do with creating dangerous "back doors" or somehow defeating amazing encryption. It's about hardware and the software that runs on it, both of which are entirely of Apple's design and under their control.
Apple has the opportunity to protect the privacy of its customers much more effectively than the government does, while at the same time helping law enforcement protect us against criminals and terrorists. I hope they'll step up and do the right thing.
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