[Cryptography] Apple 3rd Party dilemma

[Watson Ladd]

On Feb 19, 2016 2:49 PM, "Henry Baker" <hbaker1 at pipeline.com> wrote:
>
> Apple got themselves into this mess, because Apple wants to control the
customer's phone.
>
> If Apple gave up the ability to update the customer's phone w/o the
customer's explicit consent, then they'd be out of this mess.

Not really: the owner of the phone has agreed to the search, and the FBI
wants to use physical access for a firmware reset.

>
> (Note that MSFT's Win10 shenanigans make MSFT a much easier target for
DOJ/FBI.)
>
> The elephant in the room is the "Third Party Doctrine", which basically
provides the govt "most favored nation status": if you as a customer
provide your data to *any* third party, then the govt will claim access, as
well.  (I believe that this is the modern version of the old "Lord of the
Manor" privilege, which allowed the Lord of the Manor access to any maid in
his territory who wishes to marry; for this reason, I suggest that the 3rd
Party Doctrine be renamed the "Government Rape Doctrine", which might help
to speed its demise.)

That's not true either. All the 3rd party doctrine holds is that you do not
have a 4th amendment interest in the possessions of another, including
information you gave to them. They can still contest any searches, and the
warrant requirement doesn't go away.  The third party doctrine simply says
that if you give me evidence of a crime, I can hand it over to the
government and you can't stop me.

Comparisons to rape are simply ridiculous.
>
> Either the Supremes have to kill the 3rd party doctrine, or the data has
to remain strongly encrypted in such a way that no 3rd party can gain
access.  (Homomorphic encryption, anyone?)
> ---
>
> Doesn't anyone else think that the "TPM" ("Trusted Platform Module") is
completely insane, since it doesn't trust the computer's own owner?
>
> Computer & phone customers have to DEMAND that they OWN their own devices.
>
> If this means that devices occasionally commit suicide ("apoptosis") in
order to protect the user's information, then so be it.  The good news is
that IoT chips are getting really cheap.
>
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