Apple, Italians, and Encryption

In a topic that is evergreen, an Italian man adopted a boy from Ethiopia in 2007.  The boy tragically died of cancer last year at the age of 13.  The boy owned an iPhone 6 which both he and his father accessed by finger print ID.  After his son died, the father lost access to the phone because he claims the phone restarted during an access attempt.  The father has since written to Tim Cook begging him to assist with unlocking the phone so he can see the last two months of his son's photos and life.   Apple has been unable to assist him.  In lieu of unlocking the phone, the guy has said he will accept a donation to an orphanage benefiting Ethiopian children. Three repetitive points and one new one:

1. People should share their passwords if they want loved ones to access their electronic devices after death, especially if they are terminally ill.
2. This guy is delusional if he thinks Apple will assist him with unlocking his son's phone to simply view photos and texts (which likely say "hey",) when they would not assist the FBI  in accessing the phone of a mass murderer.
3.  Am I the only one who thinks that this guy is an FBI/NSA plant testing Apple and its devotion to privacy?
4. Donation to an Ethiopian orphanage?  If Italians feel guilty about Mussolini's invasion of Ethiopia, let them fund orphanages rather than shake down US companies.  

Apple, Jihadi Encryption, and Privacy

Back again to Apple and access to a dead person's iPhone.  A federal court magistrate yesterday ordered Apple to create software to access the work iPhone of one of the San Bernardino terrorists.  The government wants access to the iPhone so they know who the terrorist was calling and texting.  Apple's Tim Cook  has said it will oppose the order.

Many points and additional facts:

1.  With iOs 8, an iPhone is fully encrypted and Apple is no longer able to access the contents of the phone without the lock screen pass code.

2.  The terrorist set up his phone to wipe itself clean (that is without a cloth, Hillary) after 10 unsuccessful tries.

3.  The terrorist destroyed his and his wife's personal iPhones and removed his computer hard drive before massacring his co-workers.  It is unlikely that there is anything valuable on the work iPhone.

4.  The presiding magistrate in this matter is a former prosecutor so she would be inclined to grant the wish of law enforcement.

5.  Apple is concerned that it could always be ordered to provide software to access someone's iPhone, no matter how trivial the matter.

6.  How many world problems could be solved if magistrates simply ordered tech companies to develop software that the magistrate deemed necessary, regardless of whether the software is technologically feasible or not?

7.  It is ironic that the government is relying on a 225 year old law (older by a few years than Bernie Sanders) named the All Writs Act of 1789 to deal with a 21st century encrypted computer.

8.  Apparently the NSA is not collecting as much data about us as we fear if the government needs to see the phone to see who the terrorist was calling and texting.  Or perhaps the FBI has simply not contacted the NSA yet.

A Bitter Apple

A British woman died and left her iPad to her children.  She used it for e-mail and games after being diagnosed with a terminal illness.  Her children  have been unable to access all of the content on it because they do not have her Apple ID and password.  Apple has requested a court order proving that she was the owner of the iPad and the account.  The legal fees for obtaining the court order would exceed the value of the iPad.

Several points:

1.  I advise all of my clients to write down their on-line passwords and store them safely so that heirs can access their digital assets if necessary.

2.  When one is terminally ill, tasks such as making a will, discussing funeral arrangements, sharing passwords, etc.,  that can be done today should be done today.  There is no reason to delay because there might not be a tomorrow.

3.  The iPad will work without the Apple ID so what is likely happening is that the family does not know the iPad's 4 digit lock code.  With 10,000 combinations and a five minute lock after 3 incorrect guesses, the family should be able to crack the code in 11.5 days with methodical guessing.  Their time might be better spent working to buy a new iPad and forgo listening to mom's music and playing her Angry Birds.