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."
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
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
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.
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