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Apple engineers say they could refuse or quit if ordered to unlock iPhone by FBI

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In the ongoing controversy over Apple’s refusal of the FBI’s request to assist in unlocking the iPhone of the San Bernardino gunman, The New York Times reports Apple engineers could refuse the work necessary even if Apple as a company decides to cooperate with authorities.

Citing “more than a half-dozen current and former Apple employees,” the report claims there is already an internal discussion over engineers possibly refusing to do the necessary work or even quitting:

Apple employees are already discussing what they will do if ordered to help law enforcement authorities. Some say they may balk at the work, while others may even quit their high-paying jobs rather than undermine the security of the software they have already created, according to more than a half-dozen current and former Apple employees.

Among those interviewed were Apple engineers who are involved in the development of mobile products and security, as well as former security engineers and executives.

In theory, according to experts NYT spoke to for the piece, that could allow Apple to get around having to do what the FBI wants even if government passes new law or if Apple otherwise agrees to begin the process.

The latest from the company itself came today when CEO Tim Cook was featured on the cover of TIME with an accompanying interview that mostly discussed the FBI case.

Today several supporters continued to come out in support of the company including Harvard Law professor and former special assistant to President Obama Susan Crawford, who penned a piece titled “The FBI Cannot Make Apple Rewrite its OS,” as well as a new joint statement from Access Now, the American Civil Liberties Union, and the Electronic Frontier Foundation.

The report comes ahead of the latest hearing between the FBI and Apple scheduled for March 22 at the U.S. District Courthouse in Riverside, California. That’s just one day after Apple plans to unveil new products at a press event.

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Comments

  1. pdixon1986 - 8 years ago

    Well technically if they do change the law or the courts orders Apple to comply, then they will have to — if Apple then instructs an employee to follow out the action and the employee refuses then they are technically breaking the law and risk going to prison…the reason for this is technically the employee wont be asked to do anything ‘unlawfully’ — currently it’s arguable whether it’s unlawful or not, but if a court order is passed or a law amended or made clear, then Apple and their employees will have to follow the law…
    If employees really don’t want to help unlock the phone or create the means to do so, and think the FBI might get their way – then they should quit now because it could be too late.

    The question is also what Apple as a company would do if the FBI got their way — they could suspend sales of iphones until apple complied — something that was done before in other countries over patent issues in the past.

    Even if steve jobs was around – i think he would be doing the same…

    • Doug Aalseth - 8 years ago

      I don’t agree. If the court were to order my employer to do something I did not agree with they would have to comply by ordering me to do it. If I refused I would be in violation. If OTOH I quit after being ordered by the company, then I would not be in a position to comply. I’m not violating the law and court order because I am no longer in a position to comply. That’s a subtle but significant difference. If I quit, the only way for me to comply would be for the company to hire me back, against my will, and force me to do the work. No court in the US would ever try to go that far. Conscientious objection by removing yourself from the situation is well recognized in US law.

      • pdixon1986 - 8 years ago

        If the order comes from the court and the employer then asks you, but you quit – you are breaking the law… because it is an ongoing criminal case you are supposed to comply — if you are found to be quitting your job for no valid reason before aiding in the case as instructed, then you are obstructing the course of justice.
        The courts often over look this because another person is possible to perform the task.

        worst case would be if all possible employees quit — then this would be classed as boycotting…

    • andrewplacker - 8 years ago

      You are wrong. Any employee could quit in that situation. A court order would have to be obtained specifying employees by name for there to be any legal ramifications for the individuals quitting.

      • flaviosuave - 8 years ago

        Yes, this is correct. Ordering a company to undertake a particular action is different than ordering particular individuals and employees to undertake an action, from a legal perspective.

    • srgmac - 8 years ago

      The court order is for the corporation Apple — if an individual employee quit, so long as they are not named in the warrant, they’re fine.
      I supposed if the feds were really trying to be dicks they could go after individuals for obstruction but I can’t see this happening at a company with thousands of engineers — unless all of them quit…That would be something :)

  2. viciosodiego - 8 years ago

    Why isn’t the FBI going after google.
    Encryption has been present since android 5.0.

    • Wyatt - 8 years ago

      Because the smartphone the FBI has an in hand is an iPhone not an android powered smartphone. And don’t think the Google, Microsoft or any other OS maker isn’t on they’re hit list. iOS simply represents the best target in their eyes right now.

      • givemethedaily - 8 years ago

        Largest target, sure….But they have the perfect…”SQUIRREL” distraction since this was a “Terrorist” phone. After all who is going to defend a terrorist?

    • srgmac - 8 years ago

      AFAIK, Android doesn’t use hardware encryption — it’s software encryption — if you really needed it to be decrypted, you can extract the filesystem and then decrypt it in the cloud with however many virtual machines in parallel that the FBI can afford (which is probably thousands if not hundreds of thousands)\
      .
      The reason why the iPhone’s encryption is so strong is that the hardware AES key lies in a secure chip that can not be read, ever. So in order to brute force, you need the actual device as well, not just the encrypted filesystem. It’s really one of the best possible designs for security purposes in a phone.

  3. 3rdngoal - 8 years ago

    It’s a good thing Janet Reno isn’t in office right now, I could picture the FBI and ATF surrounding Apple campus with military vehicles and fire laden tactics to smoke out Apple engineers.

  4. ninjadude99 - 8 years ago

    … I ran out of all my popcorn. I need more.

  5. I think this is a great plan, and I love that the Apple engineers are standing with Apple, and protecting its values on encryption. If I were an engineer there, I would be doing the same. I would refuse to write the code, and/or quit if necessary. we need better encryption, not weaker encryption

  6. srgmac - 8 years ago

    #IStandWithAppleEngineers
    I’m sure they won’t have a hard time finding new jobs.
    If the government wants a hacked version of iOS so badly, why can’t they just hire their own devs and write it themselves?
    It seriously can not be that hard. Think about it, they have nearly unlimited funds and power to get this done…Why do they even need Apple to do this at all?

    • imattv4 - 8 years ago

      Because all of that time and money wasted on hiring outside hackers to break iOS only to have Apple patch it back up would render ir useless. They are looking for a permament solution, which would be Apple themselves creating a back door that will always be there no matter the iOS version.

    • allthingsbrooklyn - 8 years ago

      If they hacked it, it may not be admissible in court. They are asking for apples help

  7. imattv4 - 8 years ago

    What if Apple made the new iOS version, and decided to make it for the iPhone 7 ONLY (because they packed it with so many useless features), and then sold the iPhone 7 for $200,000 per iPhone?

    Essentially making the “backdoot’d” iPhone, something that nobody can, or would want to, get their hands on?

  8. elilabes - 8 years ago

    Does anyone know what happens if the FBI somehow wins and apple is told by the supreme court that they have to unlock the phone what happens if they still refuse? Do they all get thrown in jail? US politics and laws make no sense to me

  9. yenopblog - 8 years ago

    I am an employee of Apple. I can take this job, but I have three conditions.

    1. I will kill myself after this job. Because I will remember the process how to open a door in every iPhone, if someone force me to do the same job, then the best option is that I do not exist anymore.
    2. Apple should take my family after I died.
    3. All engineers are doing the same job should commit suicide.

    Then FBI can achieve their goal: Just crack this iPhone crack only, and this method can not be used to crack all iPhone.

    I live in China, I understand that the government full control of lifestyle, I do not want this to become all mankind’s lifestyle.

  10. just1n12 - 8 years ago

    I mean that’s not good for Apple if they quit, but I don’t blame them one bit!

  11. matthiasdeuschl - 8 years ago

    I suggest apple use all their cash and buy a small country on an island (like Togo .to or something) and outsource the operating systems to a new company situated there. They could make laws that make complying with foreign court orders illegal unless ordered by a local judge.

    Apple USA would only import binaries, no source code.

    🖕🏻

    • Brian Hughes - 8 years ago

      This is similar to what Proton has done with their encrypted email environment. They have moved lock stock and barrel to Switzerland in order to operate under Swiss law. They also have their hardware located there as well. Which makes the point that if the US Government takes this too far, we’ll all just have to use Apps sourced from outside the USA. And if they outlaw that, well, then things get interesting… Welcome to the Great Firewall of USA.

  12. 89p13 - 8 years ago

    Start a GoFundMe Page for Engineers who quit rather than write the GovtOS!

  13. 89p13 - 8 years ago

    The other possible long term,solution, moving forward, is to actually “bake” the encryption / AutoWipe into the chip itself, not the firmware. Can’t reprogram what’s “hard coded” in silicon.

    Law Enforcement: “We want a GovtOS for these new phones.”

    Apple: “Sure – but it won’t modify the encryption routines. It’ll still AutoWipe after XX attempts.” In other words – UP YOURS!

  14. jsmallz - 8 years ago

    I saw it in a movie once, just recently… The FBI told apple to make the code and started killing everyone after it was made. Only the FBI now knows how to break the code! This is the ultimate security… NOT!!

  15. carpetbomberz - 8 years ago

    Why doesn’t Apple pull a Lavabit and just say to the World, EFF-IT! Stop making phones, shutdown ALL the factories at Foxconn post haste. Shutdown iCloud, give everyone refunds and say no phone for you. NO PHONE FOR YOU! That’s where this needs to go, to show the authorities what happens when Atlas shrugs.

  16. John Smith - 8 years ago

    Does it name these alleged employees who will give up their well paid jobs?

    I’m going to make something up now.

    If Apple doesn’t comply with the court order then 23 (unnamed) judges have said they will set themselves on fire on their courthouse steps.

    See, we can all join in with this.

  17. juicecowboy - 8 years ago

    The engineer should quit but not out of some moral or ethical question.

    If a “hack” is created foreign governments won’t target Apple for the keys, they’ll target the individual who created the keys. And they’ll find out who that individual is one way or another. And when they do, heaven help them and their families.

  18. Duke Woodson - 8 years ago

    Unlock the damn phone. The guy who carried it is a dead terrorist, and it was owned by the State of California. The vapors and pearl clutching over this is request is ridiculous.

Author

Avatar for Jordan Kahn Jordan Kahn

Jordan writes about all things Apple as Senior Editor of 9to5Mac, & contributes to 9to5Google, 9to5Toys, & Electrek.co. He also co-authors 9to5Mac’s Logic Pros series.