[Cryptography] EFF amicus brief in support of Apple

Henry Baker hbaker1 at pipeline.com
Fri Mar 4 17:29:01 EST 2016


At 02:01 PM 3/4/2016, John Levine wrote:
>>https://www.apple.com/pr/pdf/Electronic_Frontier_Foundation_and_46_technologists_researchers_and_cryptographers.pdf
>>
>>I think that most people here will find this particular brief to be extremely relevant, as it argues strongly the case
>>that Apple's First Amendment right includes:
>>
>>* the right to decide what code it wants to write (and which code it REFUSES to write); and
>>* the right to choose under what conditions to electronically sign documents & code with its own private crypto key
>>
>>Terrific job, EFF!
>
>I read a comment (which of course I cannot find now) saying that it
>was a bad idea for Apple to make 1st amendment arguments because its
>other arguments were stronger.
>
>But the other arguments all reduce to the same thing, that the FBI
>can't use the All Writs Act because the Congress has never passed a
>law that says they can do so.  The Congress could easily in this
>political environment pass such a law, which voids that line of
>defense.  If the court goes for the 1st amendment argument, that's the
>end, no law can change it.
>
>Having said all that, we crypto weenies still have a serious public
>relations problem: way too many people don't understand or don't
>believe the point that it's not realistic to create a limited back
>door, and no amount of effort will change the mathematics.

https://www.techdirt.com/articles/20160303/23482933802/we-read-all-20-filings-support-apple-against-fbi-here-are-most-interesting-points.shtml

I believe that you may be referring to Techdirt's comments.

Bottom line: if FBI/DoJ can strongarm Apple into electronically
signing malware, then we have entered into a truly new imperial
era, where trillion-dollar companies can be rubber-hosed into
misusing their private crypto keys.

No amount of technology, per se, can prevent this particular
MITM attack.  We're now going to have to have multiple keys
from multiple "trusted" sources prior to accepting a firmware
update.  Forget visiting Switzerland or the Cayman Islands
for access to $$$; you may now have to physically go there to
get your iPhone securely updated.

I'm sure that Microsoft/HP/Dell are looking upon these
proceedings with mixed feelings, as I suspect that they've
*already* provided their code-signing keys to the govt --
perhaps under FISA NSL -- or perhaps out of a misplaced
sense of patriotism.

Remember what James Comey & Loretta Lynch have been saying,
time and time again: all of you guys used to roll over w/o
a whimper a few years ago; how come you suddenly grew a
backbone?  We used to be lovers; now you call "rape".



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