The implications of the FBI forcing Apple to create a compromised version of iOS to break into an iPhone could be profound, argues Lavabit – an encrypted email company that closed its service rather than comply with an FBI demand to hand over its encryption key. Company founder Ladar Levison (above) was found to be in contempt of court when he refused to hand over the key in 2013.
Lavabit is the latest of more than 40 companies and organizations to file an amicus brief in support of Apple, reports TechCrunch.
It warns that iPhone and iPad users may reject future iOS updates, which would leave security holes unplugged.
If the government is successful, however, many consumers may not be as trustful of these updates because of a fear (actual or imagined) that the updates will contain malware to provide a backdoor into the data on their iPhones. The result is that fewer people will automatically accept the automatic updates and the overall security of iPhones across the country will suffer.
But the effects of a ruling against Apple could go even further, the company suggests …
Such precedence would likely result in many businesses moving their operations offshore, therefore, making it more difficult for law enforcement to obtain even ordinary assistance from such companies
There is evidence for this suggestion, TechCrunch noting that three tech companies whose businesses rely on encryption have already moved out of U.S. jurisdiction – citing the stronger respect for privacy in Europe as the reason.
Secure encrypted comms company Silent Circle, moved its global headquarters from the Caribbean to Switzerland back in May 2014 — citing the latter’s “strong privacy laws” as one of the reasons to headquarter its business in Europe. Various other pro-encryption startups, including ProtonMail and Tutanota, have also chosen to locate their businesses in countries in Europe that have a reputation for protecting privacy.
Lavabit’s court filing echoes Apple’s argument that if the government wants to be able to force tech companies to provide this kind of assistance, Congress should pass a law to that effect.
An amicus brief is an argument intended to help a court reach a decision made by a party not directly involved in the case. Anyone can file one, and it has even been suggested that members of the House Judiciary Committee – the committee that held the Congressional hearing – may file one supporting Apple.
Photo: Motherboard
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Yeah – And that’s going to be good for the Govt PR Machine: “Stupid Govt Rule forces Apple – The Worlds Most Successful Company – to leave the US of A.” Great for the American Economy and our standing in the world!
And we elected these politicians?
:Shakeshead:
lol, yeah, the world is a strange place when there are politicians in it. Anyway, it’d be funny as hell if Apple were to close up shop should they be told to write the BiOS™ (Backdoor iOS)
Lol at putting a “trademark” symbol after BiOS. Bios stands for “basic input/output system” 😂
And Hillary Clinton is promising to severely punish American companies who leave the country with her proposed “exit tax.”
The chances of Apple leaving the US is probably not going to happen. A small hole in the wall company can move a lot easier.
“Lavabit’s court filing echoes Apple’s argument that if the government wants to be able to force tech companies to provide this kind of assistance, Congress should pass a law to that effect.”
But if Congress does pass such a bill the impact would be the same. This isn’t a Courts Bad/Congress Good thing. If the US forces this BY ANY MEANS it will be very very bad.
Indeed, but Apple’s thinking (and mine) is that Congress is less likely to do so than a court is to order Apple to cooperate.
Hopefully Congress (who are elected officials) will see the folly of voting for this when the public gets wind of Apple pulling out of the USA due to privacy issues.
In the politician’s world – Lost Jobs / Lost Revenue equals Lost Votes / Lost re-elections.
It becomes very self-serving for the Politicians whereas all these govt lackeys asking for GovtOS form Apple are APPOINTED positions – they could care less about elections.
Follow The Money!
YMMV
I feel the same way, though the fact that I trust the government to make a rational decision might call into question my sanity. ;)
I have more faith in the SCOUTS getting this right than any lower court or even Congress.
Exactly. This is why Apple raised their voice. They know that a public debate of that magnitude is more easily to influence politicians than to influence a court – which only hears 2-3 “experts” from both sides. I’m pretty confident that Apple will “win” this one. Even the ex NSA head sided with Apple on the matter. The more people come forward to voice their oppinion the more likely this will not pass as a law.
And they wondered! .. why the iPhone was made in China?
Soon enough everything will be offshore because of the stupid politicians.
And the government is forgetting about their rules against helping human rights violations, which means that when those countries try to use the US logic, companies will now be trending very thin water.
I hope their new spaceship campus can fly.
It can if the Warp Drive Firmware is allowed to be Encrypted.
I always wondered why they would stick around California in the first place? High taxes, high regulations. About the old good thing would be the weather and the other tech industries near by. How many would be willing to move out of the country?
Would it make sense for Apple to have some offshoot company out of the U.S. where the Encryption software is done, and when you buy your new iPhone it’s encryption free, but during the setup process, you can download and install the encryption software needed out of the U.S. to lock your iphone down.
I always wondered why they would stick around California in the first place? High taxes ….
Apple paying high taxes ?
You are joking aren’t you ?
… and the oceans will boil and the air will turn to fire and we all will die.
So far unlocking a mobile phone has been described as like cancer, now it will apparently be the end of America.
Lets just be clear we just went through the first 6-7 years with iPhones routinely accessed by law enforcement (but not by hackers) and the pubic buying them by the million.
The great majority of ordinary people have no need for their phone to be proof against the FBI and will not care the slightest if it is – just so long as someone who steals it (or more likely one of their family) can’t get in. We already know that the majority of normal people fully understand the need for law enforcement to access the phones of killers, drug dealers and child molesters – and are fully in favour of it.
One positive side to this alarmist nonsense … it does reinforce the view that this is all about marketing/sales/profit – not privacy. Tech corporations could care less about privacy – they worry they might lose sales.
It was the government that pushed Apple into providing more security with the threat of legal action wasn’t it…? And now they have it, they want it the other way… Haha.
I would expect Apple to use no encryption if ordered so that they would not have to comply. But then they would provide you, the user, the very easy steps to download and install your own certificates to support device to device level encryption as a part of the setup process. This would make it a user action and not the responsibility of Apple to respond to or comply with these types of orders or rulings. Then the FBI would have to make it illegal for citizens to use encryption. Good luck with that.
That’s what I was thinking, and that’s what it would take to prevent my jumping ship. At least you can throw Cyanogen or something on other devices even if it means downgrading the experience overall.
Well if it ever does come to that…perfect time to move to Canada lol. I swear i’ve been hearing that thrown around recently.
Somehow I doubt we’d get non-backdoored versions. And if we do, just come buy onE and bring it back to the US.
Encourage all companies to improve the security on all our devices. Protect us from hackers and governments. Join me in signing the petition >>> http://1.usa.gov/1R9A4cM
People without an understanding of the implications in what they are asking should probably listen to those who have.
Please! The government would still need a search warrant as they need today.