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THE FBI
MGN581
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APPLE V. THE FBI
RUBRICS
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APPLE V. THE FBI
Evaluation Parameters:
Learning Outcomes:
1.
2.
Declaration:
I declare that this Assignment is my individual work. I have not copied it from any other student’s work
or from any other source except where due acknowledgement is made explicitly in the text, nor has any
part been written for me by any other person.
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APPLE V. THE FBI
PEER RATING:
MARKS MARKS TOTAL
ROLL ALLOCATED BY ALLOCATED BY MARKS
NO. NAME STUDENTS LECTURER OBTAINED SIGNATURE
MANAS RAJ
B35 SRIVASTAVA 0
B36 HARSHIT CHANDNA 10
B37 SHIVANI SHARMA 7
B38 ABHINAV TRIVEDI 0
B39 NAUREEN SHABNAM 10
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APPLE V. THE FBI
Content
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APPLE V. THE FBI
Summary
On December 2,2015 Syed Farook and his wife, Tashfeen Malik ,attacked
Farook’s coworkers at a Christmas party in San Berhardino California killing 14
and wounding 22 other. The investigating agency US Federal Bureau of
Investigation (FBI) recover Iphone 5c which was issued by the employer to
Farook phone has IOS 9, 9th version of Apple operating system. Phone was
secured with passcode after 10th attempt the phone automatically delete the data.
After this FBI and the US Attorney’s Office for the Districts of California drafted
a court order under the All Writ Act (AWA) on Apple to provide technical
assistance. Apple has to cooperate with the court orders but argued that the
software will hamper the privacy of the customers. Tim Cook Apple’s (CEO)
faced many challenges he has to determine the policy regarding security system
and what Apple’s relationship was with the US Government. They have to
protect the privacy and also the security of their smartphone data. If they resist
the order the question my arise that they are not helping criminal investigation.
Apple is improving the security of IOS with an intention to create secure devices
for its customers, they are facing difficulties in case of accessing digital evidence
in case of criminal investigation, public safety and national security. AWA
requested Apple to develop a software so that they can get test passcodes on
Farook’s Iphone 5c and donot destruct the data. To follow the order of AWA
Apple should provide the facility rather then providing software to the
government. The security in Iphone is encryption. It is a process of using
computer code to convert digital data so that it could no longer be seen in its
original format without entering the code digitally decrypt it. It convert the data
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in ones and zeros. Good encryption system made discovery of keys nearly
impossible through the use of “brute force method” that simply repeatedly made
guesses at the key. The phone which the FBI wanted to access with its AWA
order was an Iphone 5c. Which was owned by the San Bernardino county
Department of Public Health which was given Farook. The users can set their
own passcode there is a delay in password attempt there is a extra security
measure that delete the data automatically after 10th attempt. Apple is working
on two piece of data i.e. 256-bit advanced encryption standard (AES) secret key
which in built in the phone and the second is user-chosen password. The device
required approximately 80milliseconds to process each password attempt.
FBI request to the Apple is to assist them to erase the auto-erase function and
allow them to submit electronic passcode and remove the delay between the
attempts. There was a confusion for the public they believed that the court had
ordered Apple to unlock the phone. But instead FBI wanted to try password
without the risk that the system will make the data unreadable , and to do so in
reasonable amount of time. Apple need to create a less secure version of
operating system called “crippled” and will install in Farook’s phone. To prevent
malicious parties they have signed its software with a combination of device’s
unique device identifier (UDID) and Apple’s secret, private key which the phone
use to recognize the upgrade. FBI perspective was that this software will modify
the function in Farook’s phone and would ensure that this version of Apple’s
operating system could not modified version of the iOS device other than
Farook’s phone. Apple has to comply with all the legal orders to provide
information. The implication of Government’s demand are chilling. If the
government can use the All Writs Act to make it easier to unlock your iPhone
which will allow them to reach anyone’s phone and capture data. There was unity
among other competing technology firms of Apple such as Amazon, Box,
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Dropbox, Facebook, Google, Snapchat, Whatsapp etc. There were three things
first the US federal government was reliant on AWA and did not have the legal
authority to request Apple, second this request was to reduce the security
safeguards and was beyond the technical assistance, third construction of the
software was prohibited by the First Amendment to the U.S. Constitution. The
Apple has to face many problems such as lost sale to customer who believed the
resulting product was inferior in terms of security. If the product falls in wrong
hands the firm could experience lawsuit, lost customer and danger reputation.
AWA will be applied only on those situations that Congress has not addressed.
Apple argued that Congress had passed Communication Assistance for Law
Enforcement Act (CALEA) to ensure that the telecommunication firms has to
follow the lawful order. CALEA stated that the government could not mandate
any design and will not ask telecommunication companies to decrypt the user
data. A similar case was there in 1977 New York Telephone Co the court found
that the telephone company could not compelled by the government to install
“pen register” to record the phone numbers that were called from the particular
phone. This decision was based on three things first the government could not
compel a third party far removed from the underlying controversy, second the
company could not be unduly burdened to provide assistance and third the
government must have the necessity to obtain the assistance. Apple and other
technology firms said that they will not comply with the court order as it is
violation of First Amendment’s Protection of the freedom of speech.
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government not just with the United States. There is a increasing importance of
electronic devices though it was not surprising that forensic evidence such as that
obtained from cell phone tablets and other electronic has been used by law at
every level, but not just in high profile cases handled by FBI. Law agencies has
labs that examine the content of phone so that they can know where the owners
were, what they were doing, whom they are texting or calling before they were
victims or criminals. Law founded difficult to access data because security for
illegal purposes increased. Experts argued this requirement would make end to
end encryption impossible and this will also weaken the security of America’s
technology, including how the data were transmitted over the internet. The
government position has remained the same as since FBI has sought its court
order against Apple. Company seemed to have no reason to create encryption
that could be breached for search warrant and the public bear the consequences.
Apple firm faced public relation dilemma they said that if you were not against
terrorist and child molesters them you must be for FBI. Apple faced many
practical issues the confluence of technology and public policy cooperating with
the government would allow Apple to mange the public relation issues as well
as defend the country against terrorism. If Apple’s main competitors Google with
its android phone was seen less harmed to such request. Such legislation would
likely to constrain design space for future devices and limit innovation and future
sales.
“ The need for privacy has always been an important principle in the United
States legal system”
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1. FBI faced challenge while unlocking the iPhone 5c of Farook who was
the major accuse of the mass murder case.
2. The new software which will be used by FBI is dangerous for the privacy
of the customers.
4. Apple is developing secure devices for its customers and this will lead to
problem in accessing digital evidence and also in criminal investigation.
10. There was confusion among the public that court has ordered Apple to
unlock the iPhone.
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11.Coming up with the new software will compromise the security of the
personal information can ultimately put personal safety at risk.
12. AWA will be used by the government to easily unlock the iPhone then
they will have the power to reach into anyone’s device and capture the
data.
13.According to U.S. federal government AWA did not had the legal
authority to make request that they have made to Apple.
15.If Apple will comply with the court order they might face problems like
lost sale, customer may think they are selling inferior product this will
lead to damaged reputation.
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3. FBI wanted Apple to bypass or disable the auto-erase function so that FBI
could submit passcodes electronically and remove the delay between the
passcode entries.
4. FBI wanted to try the guessing the passcode without the risk that the risk that
operating system would make the data unreadable and with the reasonable
amount of time.
5. Apple should make a new software called “crippled” to make the operating
system less secure and then install this special software in Farook’s iPhone.
6. To prevent malicious practices the software should have the unique device
identifier and Apple’s secret, private key.
9. Government should remove the security feature and add new functions to the
operating system so that they can input the password electronically.
10.Apple can come up with the newer version of iPhone or they can have a chip
inbuilt as read only memory and secure it with a pin.
11.They can also use two factor authentication log in scheme in the new version
of the iPhone.
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13.U.S government should pass the legislation that would help the government
to access the encrypted data.
15.New legislation will help the technology companies to design their system in
such a way as to be able to provide the government with whatever data they
requested.
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