Court says FBI doesn't have to reveal who helped unlock the San Bernardino iPhone

midian182

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In early 2016, the security vs. privacy debate entered a new phase after Apple refused to help the FBI unlock the iPhone 5C belonging to Syed Rizwan Farook — one of the San Bernardino shooters. Eventually, the feds used a third-party to access the device. Now, a federal court has ruled that the agency doesn’t have to reveal who helped it, or how much it paid for the assistance.

As reported by Politico, three news publications — USA Today, the Associated Press and Vice Media — were all suing the FBI under the Freedom of Information act to try and force it to reveal details about the anonymous company and how much it charged to break Apple’s older security features.

But U.S. District Court Judge Tanya Chutkan ruled that the information is properly classified national security secrets and therefore exempt from disclosure under the FOIA. She also warned that releasing the company’s name would likely make it a target for attack.

“It is logical and plausible that the vendor may be less capable than the FBI of protecting its proprietary information in the face of a cyberattack,” the court said. “The FBI's conclusion that releasing the name of the vendor to the general public could put the vendor's systems, and thereby crucial information about the technology, at risk of incursion is a reasonable one.”

In April last year, then FBI director James Comey suggested that the FBI paid around $1.3 million to unlock the iPhone, but during a Senate Judiciary Committee hearing in May, California Sen. Dianne Feinstein said: “I was so struck when San Bernardino happened and you made overtures to allow that device to be opened, and then the FBI had to spend $900,000 to hack it open.”

It seems that the official cost will remain a secret. “Releasing the purchase price would designate a finite value for the technology and help adversaries determine whether the FBI can broadly utilize the technology to access their encrypted devices,” said Judge Chutkan

It’s widely suspected that Israeli firm Cellebrite was the one who provided the tools to hack the iPhone, though the method reportedly doesn’t work on newer Apple devices that feature a secure enclave. But some believe it was a team of gray hat hackers who helped crack the device.

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3 dimensional chess: FBI demands Apple unlock the phone. Apple refuses because brand. FBI talks with Cook, who figures Apple can't rely on the court indefinitely. Cook agrees to have the phone unlocked if the FBI makes up a story about who unlocked the device and Apple legal clears it. Apple lawyers conclude that keeping the identity of the unlocking party secret will be supported by the courts. Cook unlocks the phone, FBI says Apple didn't cooperate, nobody is the wiser because the record is classified. The net effect is that Apple gets paid to market their own product with free advertising.

Probable series of events: Apple's security isn't as bulletproof as they'd like their customers to believe and this vendor took full advantage.
 
Guess the fake news had it wrong since the widely distributed report said that a company in Israel first hacked it at the request of the US.
 
Guess the fake news had it wrong since the widely distributed report said that a company in Israel first hacked it at the request of the US.
Well, if you only read DavisLane1's post, then I understand your comments about fake news; however, to me at least, his fantasmic regurgitation appears far-fetched at best.

The simpler explanation is that the information is a properly classified national security issue as stated in the article. Even he should understand that the govt can classify anything it wants, and if properly classified, no FOIA request will get it released. Based on how he has morphed his avatar, it seems than anything he can dream up is something that he thinks reality supports.
 
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Typical worthless government junk... They always love doing shady things and hiding it if it is one of their own or the dirt they do... yawn.
 
Well, if you only read DavisLane1's post, then I understand your comments about fake news; however, to me at least, his fantasmic regurgitation appears far-fetched at best.

The simpler explanation is that the information is a properly classified national security issue as stated in the article. Even he should understand that the govt can classify anything it wants, and if properly classified, no FOIA request will get it released. Based on how he has morphed his avatar, it seems than anything he can dream up is something that he thinks reality supports.

You make a good point. Over 25 years ago it was often quoted that there was a serious issue of "over classification" going on throughout the government. I remember the figure of the time was over 80% of classified documents were unnecessary and more often than not, politically motivated hoping to shield individuals. (Snowdon's released records more than proved that point). So many of these problems seem to feed on each other. There was a time when a person, regardless of their position, released this kind of information could expect to spend a minimum of 20 years in prison; now even the highest levels of government get a slap on the wrist and a free pass. I sometimes wonder, if the laws were actually enforced as written, would there be anyone left on "the outside" ???
 
All government costs should be publicly available. Who hacked it does not matter but does highlight that it's insecure.
 
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