Apple Vs. FBI: How To Do Your Part

“This is not a case about one isolated iPhone,” says Apple (AAPL) in the introduction to Apple Inc.’s Motion to Vacate Order Compelling Apple Inc. to Assist Agents in Search, and Opposition to Government’s Motion to Compel Assistance. I’ve just read and reread it. You should do the same.

It reads more like a press release than a motion attempting to vacate a specific judicial order. This may be because we simply don’t have contemporary laws designed to deal with the issue. It is also interesting that the document seems to conflate legal arguments with policy arguments. This is easy to explain, as (1) most of the law is on the government’s side and (2) passions are high:

“If Tim Cook’s kid was kidnapped, you know the data from that iPhone would be at the FBI in five minutes flat!” — Popular rhetorical statement paraphrased from numerous social media sites.

“In short, the government wants to compel Apple to create a crippled and insecure product. Once the process is created, it provides an avenue for criminals and foreign agents to access millions of iPhones. And once developed for our government, it is only a matter of time before foreign governments demand the same tool.” — Apple Inc.’s Motion to Vacate Order Compelling Apple Inc. to Assist Agents in Search, and Opposition to Government’s Motion to Compel Assistance

Apple is surely right about one thing: “This is not a case about one isolated iPhone.” The opinion of every lawyer I’ve asked is that Apple vs. FBI is headed for the Supreme Court. The problem is, I don’t want the Supreme Court (or any court) empowered to make policy – that’s a job for the Legislative branch. Regardless of what you think of Congress, this is their job and they’d better get this one right. What it means to be a digital citizen and identifying the border between security and privacy are two of the most important issues of our time.

Can This iPhone Be Hacked?

Let’s stop talking about whether or not Apple can or cannot hack the phone. It is within the capabilities of several organizations (including Apple) to retrieve the data from this specific iPhone 5c. As my good friend Col. John Fenzel (Ret.) told me, “The NSA most certainly has the expertise to decrypt Farook’s iPhone, and if they don’t, that represents not only a technical security gap, but a virtual chasm of expertise at Fort Meade that needs to be addressed now.” In other words, Apple can do it, the NSA can do it, and so can John McAfee (just ask him).