A San Bernardino couple launched a deadly attack at a government
rehabilitation center on December 2, 2015 that resulted in 14 deaths and more
than 21 injuries. Aside from the firearms used, the cell phones of the suspects
were the subject of intense law enforcement scrutiny. In order to determine a
motive, investigators sifted through shipping records; interviewed co-workers,
neighbors, and family; and even combed the suspects’ social media posts.
To date, federal investigators have been unable to get their hands
on any information contained in the smartphone of suspect Syed Rizwan Farook
due to Apple’s refusal to allow access to the server. The FBI issued a warrant
for the data contained in Farook’s phone, but received a flat-out refusal from
Apple. Apple cites privacy concerns that go beyond individual users and asserts
that accessing data cannot be accomplished without potentially compromising the
data security of millions of iPhone users.
How Apple Approaches User Privacy
In addition to the built-in encryption software, Apple has gone to
great lengths to increase privacy from the user’s end. There is a two-step
verification process that requires users to enter their Apple ID credentials
for functions like making purchases, making account changes, or setting up a
new device. In the event that an iPhone is lost or stolen, a user can access
their iCloud account from another device and remotely lock the device to
prevent information from being accessed. Remote Wipe allows users to completely
erase data from the iPhone should it end up in the wrong hands.
Apple uses what are called tokens to transmit and store encrypted
data on its iPhones. Tokens store information on the phone itself and on
Apple’s servers, as well as in the cloud (Apple’s proprietary cloud software is
called iCloud). The data is subject to high-level encryption that obscures
credit cards stored in Apple Pay and passwords stored in Apple’s Keychain and
emails, just to name a few.
These privacy features are so secure that Apple asserts that it
cannot directly access the information stored on a user’s iPhone. While this
eases fears of prying eyes accessing sensitive information, it presents a huge
problem when law enforcement has a legitimate need to access phone data during
an investigation.
Apple’s Encryption Software
Apple devices have been praised for their high level of security
and the encryption in its devices. Although no device is 100% safe from
unauthorized data access, Apple has gone to great lengths to protect user
information. In fact, Apple’s encryption software is at the heart of the
conflict with the FBI.
As details began to emerge about the San Bernardino shooters,
officials attempted to access the data in Farook’s iPhone but thanks to
encryption software it proved impossible. Apple’s software ensured that the
phone’s data would be permanently erased after several unsuccessful password
attempts. Once the FBI was made aware of how the data encryption software
functions, it was compelled to request the data from Apple directly.
Apple CEO Tim Cook insists that the encryption software is so
secure that the company itself cannot even access the information. Cook stated
that in order to access data from any user’s phone, the code for the company’s
encryption software would have to be completely rewritten. This would not only
be a major undertaking for Apple, but it would essentially open the door to
every iPhone owner’s personal information.
While this is certainly not the first time that Apple has been
ordered by a court to unlock an iPhone, it is one of the first instances since
the company rolled out the iOS 8 update in 2014. The update included encryption
software that cannot be accessed by a third party or Apple. Previous iOS
versions could be accessed in certain circumstances, especially when law
enforcement requested the information. The update came on the heels of widely
publicized iPhone data leaks – some of which involved celebrity photos – so
Apple had a lot at stake and sought to quell criticism of its privacy
protection efforts.
Current Issues
Although the company has cooperated with law enforcement in the
past, Apple does not make it easy to access information, and each request is
reviewed on a case-by-case basis, even if a search warrant is issued. According
to the Apple website, “National security-related requests are not considered
Device Requests or Account Requests and are reported in a separate category,”
which may change the way that Apple handles requests similar to the ones
related to the San Bernardino case.
Going forward, it’s
uncertain if Apple will find a way to comply with the federal government’s
request for information. The FBI is losing patience with Apple and has accused
it of sympathizing with terrorists. In 2014, Cook said "[We] have never worked with any government agency from any country
to create a backdoor in any of our products or services. We have also never
allowed access to our servers. And we never will."
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