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This Tuesday, Apple and the FBI will meet in court; Apple's top security expert will attend

Posted: , by Alan F.

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This Tuesday, Apple and the FBI will meet in court; Apple's top security expert will attend
The day after Apple is expected to officially bring back the 4-inch iPhone, the company will square off with the FBI in Washington D.C. about its refusal to unlock a dead terrorist's Apple iPhone 5c. The FBI has requested a evidentiary hearing, which means that both sides will be able to present expert witnesses whose testimony will face cross-examination from the other side.

Some legal experts feel that this means that the FBI does not feel comfortable with its legal position. Harvard law professor Susan Crawford said last week that the FBI's case is on "shaky legal ground." The request for the evidentiary hearing apparently caught Apple by surprise. Usually lawyers with a strong case want to avoid expert testimony and want to stick to the facts of the case.

Since experts will be taking the stand, Apple will call on both Lisa Olle, Apple’s Global Law Enforcement Manager, and Erik Neuenschwander, the firm's go-to-guy on matters about cryptography. Neuenschwander previously filed a declaration. He said that creating the so-called Govt.OS required to unlock Syed Farook's iPhone would be a burden on Apple employees. These same employees "if identified, could themselves become targets of retaliation, coercion, or similar threats by bad actors seeking to obtain and use GovtOS for nefarious purposes."

Apple also plans on repeating its position that the All Writs Act (the legislation from the 1700's that the FBI is citing as a reason why Apple should comply with the court order) can't force it to develop Govt. OS.
 
"Thus, as noted in my initial declaration, the initial creation of GovtOS itself creates serious ongoing burdens and risks. This includes the risk that if the ability to install GovtOS got into the wrong hands, it would open a significant new avenue of attack, undermining the security protections that Apple has spent years developing to protect its customers.

There would also be a burden on the Apple employees responsible for designing and implementing GovtOS. Those employees, if identified, could themselves become targets of retaliation, coercion, or similar threats by bad actors seeking to obtain and use GovtOS for nefarious purposes. I understand that such risks are why intelligence agencies often classify the names and employment of individuals with access to highly sensitive data and information, like GovtOS. The government’s dismissive view of the burdens on Apple and its employees seems to ignore these and other practical implications of creating GovtOS."-Erik Neuenschwander, cryptography expert, Apple

The action starts Tuesday at 1pm PDT (4pm in New York) and will run to 5pm PDT (8pm in the Big, uh, Apple). Don't expect to hear a ruling right away. If anything of interest comes out of District Court for the Central District of California, we will pass it along to you.

source:  ComputerWorld via BGR

39 Comments
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posted on 19 Mar 2016, 18:46

1. darkkjedii (Posts: 21292; Member since: 05 Feb 2011)


The bell rings for round one. Ding ding.

posted on 19 Mar 2016, 20:32 2

9. S-R-K (banned) (Posts: 304; Member since: 15 Mar 2016)


Victory to FBI. KO to Apple.

posted on 19 Mar 2016, 22:01 2

11. Unordinary (Posts: 1709; Member since: 04 Nov 2015)


Apple already won around 1. Sorry to inform you. Shouldn't you be pro-privacy, to hide all that child porn you probably have?

posted on 19 Mar 2016, 22:21 2

12. lyndon420 (Posts: 4384; Member since: 11 Jul 2012)


So...you come here to comment and then spew what's really going on in that dark little mind of yours. You should leave...like right now and don't come back. Porn is one thing...no need to bring children into this.

posted on 19 Mar 2016, 23:38 1

15. Unordinary (Posts: 1709; Member since: 04 Nov 2015)


Relax. Another political correctness/sensitive human being.

posted on 20 Mar 2016, 09:17

33. lyndon420 (Posts: 4384; Member since: 11 Jul 2012)


Some things just automatically set me off...pedo's are #1.

posted on 19 Mar 2016, 22:22 1

13. darkkjedii (Posts: 21292; Member since: 05 Feb 2011)


Lol good one. He's probably that creepy type.

posted on 19 Mar 2016, 23:41 2

16. Unordinary (Posts: 1709; Member since: 04 Nov 2015)


Coming up on 20k posts Mr Jedi. Good quality posts too! Unlike me or 90% of this site.

posted on 20 Mar 2016, 00:27 2

18. darkkjedii (Posts: 21292; Member since: 05 Feb 2011)


Bro, I just try to keep it about tech. Some idiots here refuse to let us however.

posted on 20 Mar 2016, 06:28

30. S-R-K (banned) (Posts: 304; Member since: 15 Mar 2016)


Half of them were trolling posts in the past. A sudden miracle of the other half were his speculative thoughts. Nothing was contributive.....

posted on 20 Mar 2016, 12:22 1

38. darkkjedii (Posts: 21292; Member since: 05 Feb 2011)


Arte8800, try not to get this one banned so soon.

posted on 20 Mar 2016, 13:09

39. Unordinary (Posts: 1709; Member since: 04 Nov 2015)


In the past? So, you had another account. In the past. Yet you're on this brand new account. Funny how you know that. What was your banned accounts name?

posted on 19 Mar 2016, 22:27 1

14. Mrinal (Posts: 36; Member since: 28 Feb 2016)


No SRK, Apple will win this battle!

posted on 19 Mar 2016, 20:41 1

10. vincelongman (Posts: 4431; Member since: 10 Feb 2013)


I predict Hunt by TKO in round 2

Oh wait... This is PA

posted on 20 Mar 2016, 00:05 1

17. vincelongman (Posts: 4431; Member since: 10 Feb 2013)


I was wrong
Hunt by KO in round 1!!

posted on 20 Mar 2016, 01:34

19. Adreno (banned) (Posts: 755; Member since: 12 Mar 2016)


You aren't sounding funny, nor contributive to this topic.

posted on 20 Mar 2016, 01:57

20. vincelongman (Posts: 4431; Member since: 10 Feb 2013)


I'm just messing around dude
Anyways its not like anyone else is being contributive

posted on 20 Mar 2016, 03:17

25. Adreno (banned) (Posts: 755; Member since: 12 Mar 2016)


I underatand, man. You're free to, as well.

And I wasn't bashing you at all.

I was just saying... :D

posted on 19 Mar 2016, 18:57 2

2. combatmedic870 (Posts: 627; Member since: 02 Sep 2015)


No meantion of the S7s camera topping dxo?

posted on 19 Mar 2016, 19:12 2

3. canner (Posts: 68; Member since: 29 Feb 2016)


why would there be?

posted on 19 Mar 2016, 19:20 1

4. jellmoo (Posts: 1590; Member since: 31 Oct 2011)


Er... You should probably send the Tip into PA regarding that, rather than posting a comment into an article that has absolutely nothing to do with your note.

posted on 19 Mar 2016, 19:26

6. Adreno (banned) (Posts: 755; Member since: 12 Mar 2016)


*mention. :D

BTW, mentioning S7's camera topping dxo is irrelevant to this article.

posted on 19 Mar 2016, 19:22

5. xondk (Posts: 1402; Member since: 25 Mar 2014)


I am fully expecting them to try to cast doubt on the security experts skills and abilities.

posted on 19 Mar 2016, 19:30 2

7. Adreno (banned) (Posts: 755; Member since: 12 Mar 2016)


The FBI and DOJ should get their heads out of their *****

They think they have absolute power to do whatever the hell they want.

Republicans are worse.

posted on 19 Mar 2016, 20:10 1

8. MrMiyagi (Posts: 40; Member since: 27 Feb 2014)


Apple could actually drag this on for as long as they can and use the momentum for marketing the iPhone 7 & 7 plus...that is if Johnny Ives isn't feeling too lucky bout he's design

posted on 20 Mar 2016, 02:01 1

21. AppleVersusAndroid (unregistered)


They honestly don't need it. Especially since the government is trying to paint Apple as an enemy against America.

posted on 20 Mar 2016, 02:03

22. AppleVersusAndroid (unregistered)


The FBI and the government do not stand a chance and are wasting tax payer dollars on a fruitless effort to undermine our security, considering Google and Microsoft, along with other companies such as Amazon, Facebook, Mozilla, etc ... are backing Apple in this case.

posted on 20 Mar 2016, 06:20

28. S-R-K (banned) (Posts: 304; Member since: 15 Mar 2016)


Lmfao. Apple must be paying billions to these Oems to support rotten Apple.

posted on 20 Mar 2016, 09:21 1

34. lyndon420 (Posts: 4384; Member since: 11 Jul 2012)


I doubt any of these OEM's are wanting the FBI to win this case regardless if they're bring paid or not. Most people consider privacy to be sacred.

posted on 20 Mar 2016, 02:26 2

23. MrElectrifyer (Posts: 2982; Member since: 21 Oct 2014)


I'm with Apple in this case, but I must say, this is really sounding like Karma coming back to bite Apple on the butt big time.

After all their years of hypocritical business practices (bit.ly/1si5DVX) and patent trolling, they now face an even bigger hypocrite. Who threatens to fine them of all that cash (which they've gathered through hypocritical business practice) until they comply, or make them loose ALL their software developers (making their device development stagnant and even less appealing compared to the competition), or make them loose the trust/confidence of their customers (if they give into the pressure). Living by hypocrisy, dying by hypocrisy.

That said, I sure hope the government gets their head out of their behind and back down...

posted on 20 Mar 2016, 02:40

24. AppleVersusAndroid (unregistered)


You're trying to stir a pot with nothing in it. There are many within the government that oppose this case, and entities such as Microsoft and Google have publicly given their support to Apple in this case. There is little chance for the government to win, all they are doing is wasting our taxes in a fruitless pursuit against undermining our privacy yet again.

posted on 20 Mar 2016, 06:22

29. S-R-K (banned) (Posts: 304; Member since: 15 Mar 2016)


I will never ever be with Apple. Everyone's trying to take down Apple. Karma.

God save Fbi and USA.
It's time the government takes Apple to plummet.

posted on 20 Mar 2016, 10:42

36. AppleVersusAndroid (unregistered)


This has nothing to do with Apple and its products and everything to do with the federal government attempting to win a decision which would allow them to obtain any information from any iPhone if they so pleased. The implications would be that the government could then use the judgment in this case to obtain information from Android and Windows devices as well, and not just the US government, but foreign governments would then feel they'd be free to pressure Apple to turn over the same GovOS and use it for their own means. Less blind hate, more logic.

posted on 20 Mar 2016, 03:29

26. RoboticEngi (Posts: 715; Member since: 03 Dec 2014)


Wauw...so apple will bring their specialists. What a surprise, I would have thought they would just bring some of the retards here from these comment sections. They are experts if you ask them....

posted on 20 Mar 2016, 05:32

27. Adreno (banned) (Posts: 755; Member since: 12 Mar 2016)


"I would have thought they would just bring some of the retards fro this comment sections"

Nice sarcasm.

posted on 20 Mar 2016, 06:40 1

31. perry1234 (Posts: 153; Member since: 14 Aug 2012)


I sincerely hope that Apple wins .This is about our privacy and I am shocked that there are people who side with FBI.

posted on 20 Mar 2016, 06:57

32. oozz009 (Posts: 520; Member since: 22 Jun 2015)


Whoever wins, I still don't believe for a second that our phones are extremly secure (not against government or pro hackers at least). NSA was spying on people for years and the government always had the power to get information they want. Now we are supposed to believe that all of this just vanished over night, ya right!

posted on 20 Mar 2016, 10:06

35. Trakker (Posts: 283; Member since: 11 Feb 2016)


Obviously Apple needs to raise their political "donations"

posted on 20 Mar 2016, 11:08

37. newuser1 (Posts: 257; Member since: 10 Dec 2010)


Govt.OS is a freeware for FBI, NSA, and hackers, to spy on iPhone worldwide. Download it from download.com try it now.

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