Medical and Hospital News  
CYBER WARS
Judge sides with Apple in NY drug probe iPhone case
By Glenn CHAPMAN
San Francisco (AFP) March 1, 2016


FBI defends stand against Apple on encryption
Washington (AFP) March 1, 2016 - FBI chief James Comey on Tuesday defended his agency's efforts to force Apple to help unlock an iPhone in the San Bernardino attacks probe.

Testifying at a congressional hearing on encryption and privacy where lawmakers voiced concerns about a harmful precedent, Comey said law enforcement's job may be crippled by "warrant-proof spaces" that become inaccessible to investigators.

Addressing a case that has set off a fierce public debate, Comey said Americans need to know the safety implications if encryption makes it impossible to access data on smartphones and other devices.

"It's our job to tell the American people the tools we use to keep you safe are becoming less effective," Comey told the House Judiciary Committee hearing.

"If there are warrant-proof spaces in American life, what does it mean? What are the costs?"

But Comey also acknowledged that forcing Apple to help unlock the San Bernardino shooter's iPhone could set a precedent for other investigations.

"It is going to be potentially precedential, that's just the way the law works," he said in response to a question from Representative John Conyers, Democrat of Michigan.

The hearing comes amid an intense legal and political battle after Apple said it would challenge a court order to provide the FBI technical assistance to help break into the San Bernardino iPhone.

Apple has argued the FBI is effectively asking the company to "hack" its own devices and create a "back door" that could be exploited by malicious actors.

Comey told the hearing that in his view, "it's not about back doors... there's already a door on that phone, we're asking Apple to take away the vicious guard dog."

Citizens' rights are protected by an independent judiciary, he added, citing a longstanding principle that "if an independent judge finds reason to believe that certain private communications contain evidence of a crime, then the government can conduct a limited search."

Lawmakers from both parties appeared skeptical of the FBI efforts, questioning whether they could lead to weaker overall security in the future for new technologies.

"It won't really be a one-time request? It will set a precedent for the FBI and other law enforcement agencies?" the committee chairman, Virginia Republican Bob Goodlatte, asked.

He also questioned whether Apple's creation of new software would "fall into the wrong hands and make everyone less secure."

Conyers said meanwhile that the FBI's legal efforts could be seen as "an end run" around the legislative process to step up its access to encrypted devices.

"I would be deeply disappointed if it turns out that the government is exploiting a national tragedy to pursue a change in the law," he said.

"This committee and not the courts is the place to consider the appropriate consequences."

In remarks prepared for the same hearing, Apple general counsel Bruce Sewell said the public should understand that "encryption is a good thing, a necessary thing" even if it makes the work of law enforcement more difficult.

A US magistrate judge in New York ruled Monday that police overstepped the law when they called on Apple to unlock the iPhone of a suspected drug dealer.

The ruling could signal Apple is on sound footing in a separate but similar battle with the US government over being forced to help crack into an iPhone used by one of the shooters in December's San Bernardino attacks.

US Magistrate Judge James Orenstein in New York said in a 50-page opinion that law enforcement lacked the authority to compel Apple to comply.

"The relief the government seeks is unavailable because Congress has considered legislation that would achieve the same result but has not adopted it," he wrote.

The US Drug Enforcement Agency and the FBI went to court to compel Apple to help it break into an iPhone confiscated in June of 2014 from a suspected methamphetamine trafficker, according to court documents.

The US government sought to get Apple to help break into the iPhone under the auspices of the All Writs Act, which is what is being relied on in the San Bernardino case -- a 1789 law that gives wide latitude to law enforcement.

Orenstein refused to issue the order in the case, saying it undermined Constitutional principles and was a matter to be dealt with by Congress.

"This is precisely on point in the San Bernardino case," a senior Apple executive said during a telephone briefing with reporters after the New York ruling was issued.

Apple and FBI are locked in battle over a warrant seeking to force the technology company to help unlock the iPhone used by one of the shooters in December's San Bernardino attacks.

Apple's refusal has set off an intense political debate about encrypted devices that provide "keys" only to users.

- Non-binding precedent -

Orenstein's ruling was a precedent, but the judge presiding over matters in the San Bernardino case is not bound by his decision.

Conflicting rulings on the same points of law would increase the chances of the US Supreme Court being called upon to make the final call.

Oral arguments in the San Bernardino case are to be made in federal court in Southern California on March 22.

The Apple executive said that while the magistrate judge in California is free to rule differently, the iPhone maker hoped that she would be persuaded by Orenstein's "thoughtful and masterful" reasoning in his decision.

Apple argued that it is being asked to go further in the California case by creating software that doesn't exist to essentially "hack our own phones."

Apple wants a "conversation" to help settle a standoff with US law enforcement over accessing an encrypted iPhone, according to testimony prepared for a congressional hearing.

In a statement prepared for the Tuesday hearing, Apple general counsel Bruce Sewell said the public should understand that "encryption is a good thing, a necessary thing" even if it makes the work of law enforcement more difficult.

In his remarks, Sewell said Apple has been stepping up its encryption over the past few years.

"As attacks on our customers' data become increasingly sophisticated, the tools we use to defend against them must get stronger too," he said.

"Weakening encryption will only hurt consumers and other well-meaning users who rely on companies like Apple to protect their personal information."

Encryption helps preserve privacy around the world, he added, "and it keeps people safe."

Lawmakers and the public should decide the question of access to the locked iPhone, Sewell said, renewing Apple's criticism of the government's use of the broad 1789 All Writs Act, which offers broad authority to law enforcers.

Sewell repeated comments by Apple chief Tim Cook that the FBI is asking the company "to create an operating system that does not exist" that would open "a backdoor into the iPhone."

But New York District Attorney Cyrus Vance argued in his own prepared testimony that the current level of encryption "cripples even the most basic steps of a criminal investigation."


Thanks for being here;
We need your help. The SpaceDaily news network continues to grow but revenues have never been harder to maintain.

With the rise of Ad Blockers, and Facebook - our traditional revenue sources via quality network advertising continues to decline. And unlike so many other news sites, we don't have a paywall - with those annoying usernames and passwords.

Our news coverage takes time and effort to publish 365 days a year.

If you find our news sites informative and useful then please consider becoming a regular supporter or for now make a one off contribution.
SpaceDaily Contributor
$5 Billed Once


credit card or paypal
SpaceDaily Monthly Supporter
$5 Billed Monthly


paypal only


.


Related Links
Cyberwar - Internet Security News - Systems and Policy Issues






Comment on this article via your Facebook, Yahoo, AOL, Hotmail login.

Share this article via these popular social media networks
del.icio.usdel.icio.us DiggDigg RedditReddit GoogleGoogle

Previous Report
CYBER WARS
WikiLeaks list did not lead to attacks
Dallas TX (SPX) Mar 01, 2016
The WikiLeaks organization was criticized for providing a target list for terrorists when it published a secret memo in 2010 with 200 international sites that the U.S. Department of State considered critical to national security. Was there any truth to that claim? Dr. Daniel G. Arce, Ashbel Smith Professor and program head of economics in the UT Dallas School of Economic, Political a ... read more


CYBER WARS
Former TEPCO bosses indicted over Fukushima disaster

Aid finally getting to Fiji cyclone victims

Nuclear water: Fukushima still faces contamination crisis

Screening truffles for radioactivity 30 years from Chernobyl

CYBER WARS
Europe speeds up launches for sat-nav system

NASA Contributes to Global Navigation Standard Update

Sea level mapped from space with GPS reflections

Wirepas launches a dedicated connectivity product for beacons

CYBER WARS
ONR Global sponsors research to improve memory through electricity

Easter Island not destroyed by war, analysis of 'spear points' shows

Neanderthals and modern H. sapiens crossbred over 100,000 years ago

Neanderthals mated with modern humans much earlier than previously thought

CYBER WARS
The UN guardians of biodiversity

Watching new species evolve in real time

Turtles' vulnerable start to life on Philippine coast

Ancient chimpanzee 'Adam' lived over 1 million years ago, research reveals

CYBER WARS
Single antibody from human survivor protects nonhuman primates against Ebola virus

Brazil military fight mosquitoes, flower pot to flower pot

What does turbulence have in common with an epidemic?

New study highlights effectiveness of a herpesvirus CMV-based vaccine against Ebola

CYBER WARS
Missing Hong Kong bookseller says on TV he was 'not abducted'

China jails Christian pastor for 14 years: official

'Localists' gain foothold as democracy camp wins key Hong Kong vote

China muzzles 'The Cannon' for criticising media controls

CYBER WARS
Two Mexican marines, suspect killed in shootout

CYBER WARS
G20 nations pledge all tools to lift growth

G20 nations face slowing global growth in China meeting

China cuts reserve requirements in bid to boost economy

China central bank chief seeks to reassure on yuan, growth









The content herein, unless otherwise known to be public domain, are Copyright 1995-2024 - Space Media Network. All websites are published in Australia and are solely subject to Australian law and governed by Fair Use principals for news reporting and research purposes. AFP, UPI and IANS news wire stories are copyright Agence France-Presse, United Press International and Indo-Asia News Service. ESA news reports are copyright European Space Agency. All NASA sourced material is public domain. Additional copyrights may apply in whole or part to other bona fide parties. All articles labeled "by Staff Writers" include reports supplied to Space Media Network by industry news wires, PR agencies, corporate press officers and the like. Such articles are individually curated and edited by Space Media Network staff on the basis of the report's information value to our industry and professional readership. Advertising does not imply endorsement, agreement or approval of any opinions, statements or information provided by Space Media Network on any Web page published or hosted by Space Media Network. General Data Protection Regulation (GDPR) Statement Our advertisers use various cookies and the like to deliver the best ad banner available at one time. All network advertising suppliers have GDPR policies (Legitimate Interest) that conform with EU regulations for data collection. By using our websites you consent to cookie based advertising. If you do not agree with this then you must stop using the websites from May 25, 2018. Privacy Statement. Additional information can be found here at About Us.