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Richard Deeming wrote: If I'm reading the details correctly, yes it is. In recent iPhones, the encryption relies on a hardware key in addition to your passcode, in a system called the "Secure Enclave".
This phone was not one of those.
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Kirk 10389821 wrote: Now, our devices can be searched without our permission
I believe the 'owner' of the phone has given consent.
"Go forth into the source" - Neal Morse
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Isn't one of the upshots of this whole farce that Apple is effectively declared the owner by default of all its phones?
I am not a number. I am a ... no, wait!
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Ummm... not sure where you saw that. I've not seen it even hinted at.
The phone in question was a work phone - owned by a local government agency.
There are two types of people in this world: those that pronounce GIF with a soft G, and those who do not deserve to speak words, ever.
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Kirk 10389821 wrote: Now, our devices can be searched without our permission. Interesting.
There's nothing new in that. A search warrant has always trumped personal permission. Criminal investigations would be effectively impossible otherwise.
I am not a number. I am a ... no, wait!
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Technically, if I handed, as REQUIRED an encrypted file.
I do NOT have to decrypt the file under self-incrimination protection.
But this is an end-around on that.
I think my gut tells me this is a "made up" case. The FBI Mishandled the owners password change, in order to go after this issue and get the court ruling, because they know public opinion is probably on their side. But if you give the government an inch, they are looking for the last mile!
I don't much side with Apple. But this is overreach. The FBI has a useless device. Move on.
Besides I do NOT believe WHAT the messages said are important. In Theory, you only need to identify WHO they were talking to. And who they talked to. Until you have the map.
But this is an interesting case!
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The FBI has not asked for Apple to break into this phone. They have asked Apple to develop an approach that allows them to completely bypass all security, thus making them malleable to a FISA court ruling for any or all phones in the future.
This is nothing more than tyranny for the sake of tyranny. Apple should not cave. If they do, we're all even more screwed than we were before.
".45 ACP - because shooting twice is just silly" - JSOP, 2010
- You can never have too much ammo - unless you're swimming, or on fire. - JSOP, 2010
- When you pry the gun from my cold dead hands, be careful - the barrel will be very hot. - JSOP, 2013
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Kirk 10389821 wrote: 3) The 5th amendment protects us from having to turn over our passwords. Now, our devices can be searched without our permission. Interesting.
As much as I hate to defend the government... They aren't. As mentioned by Mike, the actual owner was the local government, as it was a work phone. They gave the FBI permission to break into and search the phone.
As to the bit about passwords and the 5th Amendment... I am quite certain that the Constitution does not protect the rights of the deceased. You can't try a dead man in court, so the same dead man cannot self-incriminate; it just doesn't make sense.
All that said however, I still side with Apple on this one. Forcing them to create a tool such as they are trying to do would have many and severe consequences.
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Kyle Moyer wrote: the Constitution does not protect the rights of the deceased
Well, that's rather a matter of legal interpretation, I would have thought. It's certainly not the case that the deceased receive no protection under testate law, for example.
Just as a dead man cannot incriminate himself he is also unable to defend himself either in police interview or in court. Even if Apple does cave and evidence is obtained it is very likely to be subject to legal test on admissibility if it leads to trial for other parties.
I am not a number. I am a ... no, wait!
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9082365 wrote: It's certainly not the case that the deceased receive no protection under testate law, for example.
Perhaps also a matter of interpretation. I see it more as the living having the right to say what happens to them and their possessions after death. Once dead, that person has no right to say what is done, rather it is something they arrange while they are still living. There is also the matter of naming an executor (be it next of kin or an attorney,) who is then granted legal rights to carry out your will. Again, rights are assigned to the living.
Of course this is moot, as I was specifically referring to the Constitution, not any of the many laws that stand "under" it. You may well be right about there being laws that defend the rights of the deceased (my knowledge of the area isn't broad enough to say for sure.) I am however quite certain that the Constitution is applicable only to the living.
I read through the Constitution (just now!) trying to find anything to support this, but I can find no specific language that points in either direction. The only argument I can offer is that the majority of the rights granted in the Constitution would require the party to be living in order for them to exercise said rights. If you look at the language of the fifth Amendment, for example, it reads (in part)Quote: nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb One clearly cannot be put into jeopardy of life when one is already dead, can they?
Anyway, this whole thing is above my pay grade, so I'll bow out gracefully. From my perspective it looks like everything is being done by the book. My only concern is that what the FBI is asking for (demanding) is a Really Bad Idea.
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I think the short answer is that Apple currently does not know "how" (that's the point of encryption). And committing resources that "might" is apparently what the FBI wants; sort of like spinning gold out of straw. The news likes to emphasize the dramatic aspects.
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What is this "outside" of which you speak?
There are prophecies of the "Time of Dry Air", but no-one seriously believes it.
It speaks of a time of Yellow And Blue (We assumed that meant the Liberal / Conservative Alliance but alas the yellow there was the liberal principles) in which a Beast will arise in the West, combing its hair over it's head, discarding any but those true-born, and the rains will cease. A Hero rises, gets his own TV series on Amazon, and defeats the Beast in single combat.
Load of b*ll*cks, really.
Bad command or file name. Bad, bad command! Sit! Stay! Staaaay...
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OriginalGriff wrote: What is this "outside" of which you speak? Like you never go outside... That's where the sheep are!
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He has a sheepcat to round them up, he whistles to the cat and it does exactly what it wants to do.
veni bibi saltavi
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Read the news...
Quote: sheep ... in the corner of the living room for entertainment whatever 'entertaimnet' means in Wales...
Skipper: We'll fix it.
Alex: Fix it? How you gonna fix this?
Skipper: Grit, spit and a whole lotta duct tape.
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Did you unset the balance of nature and cut your hair?
New version: WinHeist Version 2.2.2 Beta tomorrow (noun): a mystical land where 99% of all human productivity, motivation and achievement is stored.
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OriginalGriff wrote: a Beast will arise in the West, combing its hair over it's head, discarding any but those true-born From the eternal sea he rises,
Creating armies on either shore,
Turning man against his brother,
'Til man exists no more.
Maybe I should change the title to "AMQOTD"?
"These people looked deep within my soul and assigned me a number based on the order in which I joined."
- Homer
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It hasn't rained here in Devon for two full days. There were three police cars on the high street this morning, presumably to deal with the crowds milling about trying desperately to remember what they do when there's no need to huddle in teashops and cafes staring out the windows in the hope of a break in the downpour long enough to make it back to the car.
I am not a number. I am a ... no, wait!
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All of the forgoing simply confirm that any denizen of the British Isles that didn't migrate to the western side of the Atlantic Ocean when they had a chance are clearly spawned on the shallower end of the gene pool . . .
"The difference between genius and stupidity is that genius has its limits." - Albert Einstein | "As far as we know, our computer has never had an undetected error." - Weisert | "If you are searching for perfection in others, then you seek disappointment. If you are seek perfection in yourself, then you will find failure." - Balboos HaGadol Mar 2010 |
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Sorry forgot so it's a bit sh*t.
1[^]
2[^]
3[^]
4[^]
7 letters.
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anagram?
veni bibi saltavi
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