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by aauchter
3754 days ago
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Would it be possible to build devices that could be unlocked a fixed number of times across all units (say 1,000 times). Devices could be heavily hardware encrypted, but unlockable with an encryption key, a portion of which comes from a publicly monitored blockchain/distributed ledger, that when used reduces the number of future uses. This way, the government could be granted access for extreme cases, but without the potential for abuse or mass surveillance. Once there were 1,000 check-ins, not more keys could be generated. Thoughts? |
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Up to now such changes had to pass through the Congress, the laws had to be voted to solve such issues. This time they just quoted the Act which really just says they "may issue all writs necessary or appropriate." (check: https://en.wikipedia.org/wiki/All_Writs_Act ) Almost like citing the Catch 22.
It sounds too trivial but it's fundamentally dangerous in the powers they obtain if their current interpretation is accepted: the state doesn't have to make laws, the government can just write anything whenever it likes and say it's covered by "All Writs."
In the older cases when Apple cooperated Apple didn't have to change anything, neither their future hardware for retail nor the software of the hardware they produce for retail and the cases when nothing has to be changed but just the accessible data copied can be understood to be actually covered with the specific law, CALEA.
And don't forget how weak the argument of the FBI really is, the phone in question was a business phone of the terrorist, who actually intentionally destroyed his private phone before being chased. For this one he didn't care. Apple gave FBI the backup of the business phone, and was able to give them even the current state of it, but the government changed the backup password themselves. And the FBI can actually without Apple copy the data from the SSD disk of the phone and restore it any time to allow them more password tries. But they really want to make the precedent. Because they don't want that Apple produces the next phone on which FBI can't have more access.