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privacy Tag

Posted by Sarah Rumpf on March 18, 2016 32 Comments
In the latest round of legal battles between Apple and the FBI over accessing data in an iPhone used by one of the San Bernardino terrorists, Apple has fired back at the FBI with a scathing brief accusing the government of massive overreach in their efforts to get Apple's assistance in unlocking the phone. As Legal Insurrection reported last month, the iPhone 5C belonging to one of the shooters was seized as evidence by the FBI. The FBI obtained a warrant to search the contents of the iPhone, but ran into trouble with its passcode. The government wanted Apple to help them bypass the iPhone's security measures, but Apple refused, arguing that doing so would unacceptably put the privacy of other customers' iPhones at risk. The District Court of Central California issued an order for Apple to assist the FBI in unlocking the iPhone, and Apple objected. This set of several rounds of jousting, both in court and in the arena of public opinion. How a law from more than two centuries ago is governing a case about iPhone security

Posted by Sarah Rumpf on February 18, 2016 42 Comments
A legal fight between Apple and the FBI is highlighting some critically important issues in the debate between privacy and security. After the San Bernardino attacks, an iPhone 5C belonging to one of the two shooters, Syed Rizwan Farook, was among the evidence gathered by the FBI. The FBI obtained a warrant to search the contents of the iPhone, but Farook's iPhone, like most people's, is protected by a passcode that encrypts the data on the phone and prevents anyone without the code from accessing it. Apple's security systems are designed to prevent hacking attempts like "brute-force attacks" by requiring delays after wrong passcode guesses and an auto-delete function that is activated after ten incorrect attempts. The FBI went to court to obtain an order to get Apple to help them get around these security features and access the data on Farook's phone. Court orders Apple to help the FBI; Apple refuses to comply

Posted by Amy Miller on October 22, 2015 3 Comments
Today, a controversial cybersecurity bill aimed at making it easier for corporations to prevent hacking attacks advanced in the Senate with bipartisan support. The Cybersecurity Information Sharing Act (CISA) in its current form would make it possible for corporations to share information about cyberattacks with each other---or the goverment---without having to worry about fielding privacy-based lawsuits. The bill enjoys bipartisan support in the Senate---and has languished under bipartisan opposition, led by Kentucky Senator and Presidential hopeful Rand Paul. From Reuters:
But many privacy activists and a few lawmakers, including Republican Senator Rand Paul and Democratic Senator Ron Wyden, vehemently oppose it. Several big tech companies also have come out against the measure, arguing that it fails to protect users' privacy and does too little to prevent cyber attacks.

Posted by Amy Miller on June 02, 2015 19 Comments
Today the Senate voted 67-32 to pass the USA-FREEDOM Act, a piece of surveillance (read: privacy!) reform legislation meant to extend key provisions of the PATRIOT Act, which expired Sunday night. The USA-FA passed the House with supermajority, bipartisan support, but found a more hostile crowd waiting when it arrived in the Senate chamber. Rand Paul opposed it, and on Sunday night (the same night the PATRIOT Act expired) blocked a vote that most certainly would have ended with the Act's approval. Senate leadership opposed an immediate clean passage of the Act, but for different reasons entirely---they wanted the opportunity to amend and return to the House, a tactic that was met with opposition in both chambers. From earlier today:
One amendment would extend the timeframe for transferring data collection responsibilities from the NSA to the phone companies, allowing 12 months for that handover rather than six, as the House bill stipulates. Another would force phone companies to give Congress six months' advance notice if they change the procedures they use to collect and retain data. A third would allow the Director of National Intelligence to sign off on any procedural changes by the phone companies before they go into effect. "The House's bill is not holy writ. It's not something we have to accept in its entirety without any changes...and I think where the policy debae should go would be toe embrace these amendments," explained Senate Majority Whip John Cornyn, R-Texas, during a floor speech on Tuesday. "We sure need to know that the new system would actually work. Doesn't that just make sense?"

Posted by Amy Miller on December 03, 2014 13 Comments
Privacy advocates cheered when Apple announced last month that an updated encryption scheme would disallow Apple from bypassing user passcodes at the request of law enforcement officials armed with search warrants. Now, the Justice Department is fighting back against these updates, and they're using an ancient tactic to do it. The Wall Street Journal explains:
That technological shift prompted tense private meetings this fall between Apple and Justice Department lawyers... Amid that standoff, the government on Oct. 10 obtained a search warrant to examine the contents of the phone in the credit-card case. The phone was locked, so prosecutors asked U.S. Magistrate Judge Gabriel Gorenstein to order the manufacturer to unlock it. They cited the All Writs Act, originally part of a 1789 law that gives courts broad authority to carry out their duties. Judge Gorenstein agreed. “It is appropriate to order the manufacturer here to attempt to unlock the cellphone so that the warrant may be executed as originally contemplated,” he wrote on Oct. 31. The judge gave the manufacturer, referred to only as “[XXX], Inc.,” five business days after receiving the order to protest. Much remains unknown, including the maker of the phone, and what happened next. The language of the opinion suggests it could apply to a company like Apple. The order is directed at the “manufacturer of the cellphone,” and Apple is one of the few companies that produce both the phone itself and the software that would manage the encryption.
The order (full embed at bottom of post) was signed and published by a federal magistrate; this is significant because, as the article above explains, these types of decisions don't normally come down in a published opinion. (Magistrates usually just sign an order granting or denying a request.) The fact that this decision is now published is a signal to other judges who may examine it that we could be looking at the development of a new legal precedent to answer evolving technology.

Posted by Amy Miller on November 30, 2014 24 Comments
A Texas appeals court has struck down a law allowing police officers to conduct warrantless blood tests on suspected drunk drivers. The law borrows concepts from the Texas Transportation Code and other statutes, and has both attorneys and Fourth Amendment advocates up in arms over what it means to conduct an "unreasonable search and seizure." In 2013, the Supreme Court ruled in Missouri v. McNeely that the natural dissipation of alcohol in the bloodstream does not constitute an exigent circumstance justifying blanket authorization for warrantless searches. Texas' "No Refusal" periods, however, throw a wrench in an easy hypo by injecting statutorily-based "implied consent" into the mix. ("No Refusal" periods are exactly what they sound like.) What happens if you refuse to provide a sample and/or perform sobriety tests in the field? Up until last week, the authorities would haul you into jail and forcibly extract the evidence from the crook of your right arm---without a warrant. The convenience of this level of "implied consent" was too much for the Texas Criminal Court of Appeals, however, and last week they ruled this type of search unconstitutional. Via the Houston Chronicle:
"We hold that a nonconsensual search of a DWI suspect's blood conducted pursuant to the mandatory-blood-draw and implied-consent provisions in the Transportation Code, when undertaken in the absence of a warrant or any applicable exception to the warrant requirement, violates the Fourth Amendment," Judge Elsa Alcala of the Texas Court of Criminal Appeals wrote on behalf of the five majority opinion judges. Four members of the nine-judge court dissented.
Constitution trumps statute, and it feels so right.

Posted by Amy Miller on September 18, 2014 20 Comments
Apple's latest update to its OS includes a lot of neat bells and whistles, but one key upgrade has privacy advocates cheering. This latest reboot has eliminated Apple's longstanding capability to access users' iPhone and iPad passcodes; in the past, this allowed Apple to both help users remember forgotten passcodes---and comply with search warrants. iOS 8, however, will actually prevent Apple from accessing user passcodes. Via the Washington Post:
“Unlike our competitors, Apple cannot bypass your passcode and therefore cannot access this data,” Apple said on its Web site. “So it’s not technically feasible for us to respond to government warrants for the extraction of this data from devices in their possession running iOS 8.” As the new operating system becomes widely deployed over the next several weeks, the number of iPhones and iPads that Apple is capable of breaking into for police will steadily dwindle to the point where only devices several years old — and incapable of running iOS 8 — can be unlocked by Apple.
This update, however, does not prevent Apple from accessing data via iCloud. Apple will still have a legal obligation to give police access to any data (pictures, music, e-mails, text messages, etc.) that is backed up to the cloud. (You can turn off this setting on your individual device.) Surprising absolutely no one, law enforcement agencies have put on their "concerned face" over the new changes:
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