Tuesday, March 1, 2016

Apple vs FBI: release of a non-taxable for iPhone judge in New York – PianetaCellulare.it

In the process of the ‘quarrel’ between Apple and the FBI regarding a request by law enforcement to have Apple software that is able to unlock the iPhone terrorist in San Bernardino, the case ruling a drug dealer accused in Queens, New York, would help solve the growing battle between personal privacy and national security. A judge of the US District Court in New York ruled that the US government had no right to use the law ‘All Writs Act’ which dates back to 227 years ago and which regulates the decrees that a court may issue forcing Apple to unlock a specific device, thus giving full rights to the Cupertino giant to decide whether to help the FBI. It stresses, however, that the Government’s request on the case of the drug dealer was filed in October of 2015 and is separate from the discussions between Apple and the FBI on the iPhone 5C content of one of the terrorists involved in the shootout last December in San Bernardino. However, although the case of several cases, the ruling could set a precedent for strengthening the argument that Apple is not obligated to meet the request of the FBI of violating the iPhone terrorist. Apple claims that create a software to unlock the device and satisfy the request of the FBI will create a “back door” in any iPhone thus leaving customers vulnerable to hackers.

Apple needs to help the FBI to enter into an iPhone belonging to one of the bombers in the massacre of San Bernardino , in California, in December 2015 that killed 14 people along with your partner. The couple died in a gun battle with police that day, but the FBI has recovered the iPhone a bomber from their vehicle after the attack. A US federal judge ordered now that the Cupertino company has to work together.

Federal prosecutors told the court that they can not access the phone used dall’attentatore because do not know his access code . The ruling of the US Magistrate Sheri Pym requires Apple to provide “reasonable technical assistance” to the FBI, so it must develop a software (which no longer exists) can disable the security feature that erases the iPhone data after ten attempts failed to unlock. With the disabled protection function, the FBI will have more opportunity to groped ‘combinations to unlock the iPhone.

The iPhone in question – an iPhone 5c – even though it was in possession of the aggressor actually it was owned by his employer, who has consented to the police using it as evidence and search for information that could be useful for the resolution of the case.

Apple has already announced that it intends to oppose the order: “ Force the code would be a dangerous precedent .” The decision to “oppose this order is not something we take lightly,” said the CEO of Apple, Tim Cook. “We believe that we must make our voices heard in the face of what we see as excessive by the US government.”

Big Silicon Valley from the Apple . Through social, leaders of major hi-tech companies (Google, Facebook, Twitter and Whatsapp) have expressed support to Apple.

Bill Gates by the FBI part . The co-founder of Microsoft Bill Gates was on the side of the police, stating in an interview with Financial Times you do not share the fear of Apple that unlocking an iPhone means having to put in force at risk the security of all. “This is a case-specific, not general, in which the government asks for information.” Gates in the interview compared the FBI’s request to that made on a particular bank account, hoping that in the future there are strict rules for these cases.

Microsoft from Apple . The Redmond company has filed a petition in court to support Apple’s battle with the FBI, and more ‘in general against the request of the US government. According to rumors, Google, Facebook and Twitter in the coming days will present petitions in court to support Apple.

the first time that Apple has no such request is made : the Department of Justice has asked Apple to unlock at least nine other iPhone in addition to the San Bernardino killer. It ‘as reported in a letter Marc J. Zwillinger, one of Apple’s legal, filed in a federal court and reported by the New York Times. This would explain why Apple does not want to help the FBI, because if you accept this time will be just the first of many more.

The Electronic Frontier Foundation (an international non-profit organization of lawyers and law intended to protect digital rights and freedom of speech in the context of today’s digital age) is considering filing a support to Apple’s Amicus curiae and expects other groups that support the digital rights will do same, said Kurt Opsahl, general counsel for the EFF.

“If the US government may force Apple to do this, why not the Chinese or Russian governments? Other countries will ask to do the same for other similar cases. We want to have this earlier? ” Opsahl said, as reported by USA Today .

If Apple develops a software can disable the security feature that erases the iPhone’s data after ten failed attempts to unlock it software that could be used for other iPhone, and if it gets in the wrong hands could be used for different purposes.

Cook argues that agree to cooperate with the FBI could “threaten the safety of our customers .

<'p> in an open letter, Cook said that Apple will cooperate with the FBI by providing “the data that are in our possession,” but will not develop a “backdoor” for its software: “We have great respect for the FBI professionals, and we believe that their intentions are good. So far, we have done everything that is in our power to comply with the law to help them. But now the uS government has asked us anything we simply do not have, and something that we consider too dangerous to create. They asked us to build a backdoor for the iPhone. “

In particular,” the FBI wants a software able to circumvent several important safety features on the iPhone, and install it on an iPhone recovered during ‘investigation. In the wrong hands, this software – which does not exist today – would have the potential to unlock any iPhone in possession of someone physically. “

The implications of government demands are” chilling “Cook “the government could have the power to reach the device to anyone and steal data. The government may extend this breach of privacy and ask Apple to develop a surveillance software to intercept messages, access to the medical records or financial data, track your location, or access the phone’s microphone or camera without you you know it. “

in an exclusive interview with ABC News , Cook described his fear in allowing the ‘access to an iPhone via backdoor, which he described as “the equivalent of cancer to” software, and it would be a dangerous precedent both for privacy that the “public security” of hundreds of millions of Apple customers worldwide.

“we have no sympathy for the terrorists,” Cook said. “in my view they let their rights when they decided to do the terrible things … we are not protecting their privacy, we are protecting … the rights and public safety of all others. “explains the CEO of Apple.

the creation of a software to access the data on the iPhone locked as required by the FBI” exposes all other “explains Cook. “The development of such software would have the ability to unlock other iPhone. That’s the problem.”

Cook said he has received thousands of e-mails in support of Apple’s position, with the majority of voices from men and women of the American authorities that “fighting for our freedom.”

Cook said that you have a key to unlock an iPhone could be used to violate the public security and the potential to expose the intimate details and private people keeps on their phone – such as bank details, reports and photos of the children.

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