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Tim Cook's Customer Letter


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is the issue here techology? I assume that any information on an iPhone would be obtainable by warrant if it were in hard copy. And isn't Apply at the forefront of destroying consumer's privacy by c

The iPhone – choice of discerning terrorists around the world.

They're just trying to get some sales from the terrorist contingent by highlighting the advantages of newer models.

To quote the relevant section from splinky's link (which seems to be what Voyager was saying):

 

 

 

It has long been considered within a court's inherent authority to engage the help of an expert advisor. An expert advisor can act as a judicial tutor, providing guidance on complex orspecialized subjects. Patent cases and trade secret cases are two contexts in which the need for an expert advisor occasionally arises. When an advisor is utilized, the trial court conducts the trial with support from the advisor.
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To quote the relevant section from splinky's link (which seems to be what Voyager was saying):

 

 

 

It has long been considered within a court's inherent authority to engage the help of an expert advisor. An expert advisor can act as a judicial tutor, providing guidance on complex orspecialized subjects. Patent cases and trade secret cases are two contexts in which the need for an expert advisor occasionally arises. When an advisor is utilized, the trial court conducts the trial with support from the advisor.

 

This describes her activity. As I said, she is both brilliant and dogged, in almost constant demand.

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"Giving the FBI a key to the safe" is a terrifying prospect. Giving either agency this tool does not in itself make us an iota safer but creates unquantifiable exposure to our personal and financial information.

Federal banking and investment laws insure that they already know all about your checking account and stock holdings. Do you really think the NSA isn't already reading your email and texts? And running your phone calls through a screening program?

 

Scott McNealy famously said "You have zero privacy anyway. Get over it." That was in 1999. History has shown us he was right.

I'm a lot less worried about the NSA being able to read every ssl session than with the FBI being given extremely inexpensive , no warrant, undetectable access to personal data.

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Eh – it looks like Apple merely chose not to implement the Secure Enclave in such a way as to be much, much more resistant to tampering. That part is somewhat surprising, but it doesn't mean that it's not possible for there to be a qualitative difference in security between software and hardware implementations.

 

no secure enclave in the 5c. This would be a different discussion if it were a 5s or 6 or 6s

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Yeah, but Orin Kerr's a dirty Republican. :P

 

Is there no good legal commentary taking an opposite stance?

 

I thought he was more libertarian. anyway, he didn't take a stance. which is the only correct position until we've read the briefs. I haven't actually been able to find any other legal commentary. just lots of pontificating from all sides (there's plenty on arstechnica for example (the legal articles there have always been bad)).

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If you mean, taking the stance that there are serious Fourth Amendment issues here, I don't know how any trained lawyer (who isn't being paid to maintain that position) could seriously come to that conclusion.

 

(The hard issues are the ones Prof. Kerr reserved for the follow-up -- whether there's any legal way for the government to compel Apple to produce the software that'll break the phone.)

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