Close ad

In the United States, the conflict between Apple, the FBI and the Department of Justice is growing every day. According to Apple, the data security of hundreds of millions of people is at stake, but according to the FBI, the Californian company should step back so that investigators can access the iPhone of the terrorist who shot fourteen people and wounded more than two dozen others in San Bernardino last year.

It all started with a court order that Apple received from the FBI. The American FBI has an iPhone that belonged to 14-year-old Syed Rizwan Farook. At the beginning of last December, he and his partner shot XNUMX people in San Bernardino, California, which was designated as a terrorist act. With the seized iPhone, the FBI would like to find out more details about Farook and the whole case, but they have a problem - the phone is password protected and the FBI can't get into it.

Although Apple cooperated with American investigators from the very beginning, it was not enough for the FBI, and in the end, together with the American government, they are trying to force Apple to break the security in an unprecedented way. The Californian giant objected to this and Tim Cook announced in an open letter that he would fight back. After that, a discussion immediately flared up, after which Cook himself called, solving whether Apple behaved correctly, whether the FBI should request such a thing and, in short, on which side who stands.

We will force him

Cook's open letter sparked a flurry of passions. While some technology companies, Apple's key allies in this fight, and others iPhone makers expressed support, the US government does not like the rejectionist attitude at all. The Californian firm has an extended deadline until Friday, February 26, to officially respond to the court order, but the US Department of Justice has concluded from its rhetoric that it will likely not budge and comply with the order.

“Rather than complying with a court order to assist with the investigation into this murderous terrorist attack, Apple responded by publicly disavowing it. This refusal, although it is within Apple's ability to comply with the order, appears to be based mainly on its business plan and marketing strategy," attacked the US government, which plans, together with the FBI, to make maximum efforts to compel Apple to cooperate.

What the FBI is asking Apple for is simple. The found iPhone 5C, belonging to one of the shot terrorists, is secured with a numerical code, without which the investigators will not be able to get any data from it. That's why the FBI wants Apple to provide it with a tool (actually, a special variant of the operating system) that disables the feature that erases the entire iPhone after XNUMX wrong codes, while allowing its technicians to try different combinations in short order. Otherwise, iOS has a set delay when the password is repeatedly entered incorrectly.

Once these restrictions fell, the FBI could figure out the code with a so-called brute force attack, using a powerful computer to try all possible combinations of numbers to unlock the phone. But Apple considers such a tool a huge security risk. "The United States government wants us to take an unprecedented step that threatens the security of our users. We must defend against this order, as it could have implications far beyond the current case," writes Tim Cook.

It's not the only iPhone

Apple opposes the court order by saying that the FBI more or less wants it to create a backdoor through which it would then be possible to get into any iPhone. Although the investigating agencies claim that they are only concerned with the incriminating phone from the San Bernardino attack, there is no guarantee - as Apple argues - that this tool will not be misused in the future. Or that the US government will not use it again, already without the knowledge of Apple and users.

[su_pullquote align=”right”]We don't feel good about being on the opposite side of the government.[/su_pullquote]Tim Cook unequivocally condemned the terrorist act on behalf of his entire company and added that Apple's current actions certainly do not mean helping terrorists, but simply protecting hundreds of millions of other people who are not terrorists, and the company feels obliged to protect their data.

A relatively important element in the whole debate is also the fact that Farook's iPhone is an older model 5C, which does not yet have key security features in the form of Touch ID and the associated Secure Enclave element. However, according to Apple, the tool requested by the FBI would also be able to "unlock" new iPhones that have a fingerprint reader, so it is not a method that would be limited to older devices.

In addition, the entire case is not built in such a way that Apple refused to assist the investigation, and therefore the Department of Justice and the FBI had to reach for a solution through the courts. On the contrary, Apple has been actively cooperating with the investigative units since the iPhone 5C was seized in the possession of one of the terrorists.

Fundamental investigative misconduct

In the whole investigation, at least from what has become public, we can see some interesting details. From the beginning, the FBI wanted access to the backup data that was automatically stored in iCloud on the acquired iPhone. Apple provided investigators with several possible scenarios for how they could accomplish this. In addition, he himself had previously provided the last deposit available to him. However, this was already done on October 19, i.e. less than two months before the attack, which was not enough for the FBI.

Apple can access iCloud backups even if the device is locked or password protected. Therefore, upon request, Farook's last backup was provided by the FBI without any problems. And in order to download the latest data, the FBI advised that the recovered iPhone be connected to a known Wi-Fi (in Farook's office, since it was a company phone), because once an iPhone with automatic backup turned on is connected to a known Wi-Fi, it is backed up .

But after seizing the iPhone, the investigators made a major mistake. San Bernardino County deputies who were in possession of the iPhone worked with the FBI to reset Farook's Apple ID password within hours of finding the phone (they likely had access to it through the attacker's work email). The FBI initially denied such activity, but later confirmed the California district's announcement. It is not yet clear why the investigators resorted to such a step, but one consequence is quite clear: Apple's instructions for connecting the iPhone to known Wi-Fi became invalid.

As soon as the Apple ID password is changed, the iPhone will refuse to perform an automatic backup to iCloud until a new password is entered. And because the iPhone was protected by a password that investigators didn't know, they couldn't confirm the new password. A new backup was therefore not possible. Apple claims the FBI did the password reset out of impatience, and experts are shaking their heads over it too. According to them, this is a fundamental error in the forensic procedure. If the password had not been changed, the backup would have been made and Apple would have provided the data to the FBI without any problems. In this way, however, the investigators themselves deprived themselves of this possibility, and in addition, such a mistake may come back to them in a possible court investigation.

The argument that the FBI came up with immediately after the above-mentioned error appeared, that it would not actually be able to get enough data from the iCloud backup, as if it were to physically go directly to the iPhone, seems dubious. At the same time, if he managed to find out the password to the iPhone, the data would be obtained from it in practically the same way as backups in iTunes work. And they are the same as on iCloud, and maybe even more detailed thanks to regular backups. And according to Apple, they are sufficient. This raises the question of why the FBI, if it wanted more than just an iCloud backup, didn't tell Apple directly.

No one is going to back down

At least now, it is clear that neither side is going to back down. “In the San Bernardino dispute, we're not trying to set a precedent or send a message. It's about sacrifice and justice. Fourteen people were murdered and the lives and bodies of many more mutilated. We owe them a legal thorough and professional investigation,” he wrote in a brief comment, FBI director James Comey, according to which his agency does not want any backdoors in all iPhones, and therefore Apple should cooperate. Even the victims of the San Bernardino attacks are not united. Some are on the side of the government, others welcome the arrival of Apple.

Apple remains adamant. "We don't feel good about being on the opposite side of the rights and freedoms case to the government that is supposed to protect them," Tim Cook wrote in a letter to staff today, urging the government to withdraw the order and instead create a special a commission composed of experts who would assess the entire case. "Apple would love to be a part of that."

Next to another letter from Apple on its website created a special question and answer page, where he tries to explain the facts so that everyone can understand the whole case correctly.

Further developments in the case can be expected no later than Friday, February 26, when Apple should officially comment on the court order, which it is seeking to overturn.

Source: CNBC, TechCrunch, BuzzFeed (2) (3), lawfare, Reuters
Photos: Kārlis Dambrāns
.