Wednesday, March 09, 2016

California would ban all default "un-escrowed" encryption of new phones; so might NY; Congress introduces bill to support Apple; more on legal arguments



Andrew Crocker of Electronic Frontier Foundation has an article about a California bill, A. B. 1681, that would prohibit default encryption of all cell phones sold in the state.  This would make the current controversy between Apple the FBI moot in the state.  A similar bill has been proposed in New York State.

As a counter, Representative Ted Lieu (D-CA) has introduced a bill, H..R, 4528, the ENCRYPT ACT of 2016  to pre-empt any such state laws (which are likely to be unconstitutional anyway).

The article explains FDE, or full disk encryption, and the concept of “key escrow”, which the FBI wants now, which Apple maintains would lead to profound vulnerabilities over time.



Ted Olson, Apple’s attorney, has indicated that the FBI-Apple “escrow” decryption case could be headed for the Supreme Court, Time Warner news.

NPR has an article about a 1985 robbery case, where the government tried to order surgery to get evidence, about whether any asset can ever be “warrantless”.
Update: March 22

FBI may be able to decrypt the phone without Apple's help;  see Internet Safety blog today..  More coverage will appear here soon. 

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