CompSec Note: DoJ Warrants and Licensed Software

Just a quick note for some of you to ponder. The DoJ is not happy that Apple has made changes so that search warrants to decrypt Apple devices may be impossible to execute. That is, Apple has intentionally made it more difficult by designing things to put full control in the hands of folks who buy Apple stuff. Up to now, nothing in US Law prevented that kind of change. However, the DoJ is now taking an entirely new tack, something privacy watchers say is unprecedented.

The government’s new argument that since Apple owns the software, it is responsible for it, could have far-reaching implications if it is not struck down by later, higher courts. Internet companies which do not allow customers to own their data, in particular, could then be vulnerable to NSA snooping in entirely new ways.

What the FBI can get with a warrant the NSA can simply take when they feel like it, provided they have the technical means. So if the DoJ can demand Apple (and others) maintain some kind of backdoor subject to warrants, the NSA can figure out how to use it regardless of a warrant.

But that’s not the whole issue. It indicates that unless you run Open Source software that you actually own completely — you can change it in any way you like and recompile from source without having to get permission — your data will always be open to government inspection without notice. There is good reason to believe Linux and BSD (for example) can be made quite difficult to crack on purely technical grounds. Plus, if you run Open Source, there is no one to pressure for a back door. The government has to come to you individually and demand decryption, and it’s not too hard to include an auto-wiping element in your operating system. Further, there are recent rulings that bring into question when the government can force you to give up your passwords.

Granted, I have yet to see any use for encryption. It’s inconsistent with my divine calling. However, one thing can lead to another, and if this argument wins out, it means there most certainly will be back doors in your commercially produced operating systems (Windows, Mac, Android, etc.). This guarantees a permanent attack surface for malware and other forms of criminal mischief.

This entry was posted in Uncategorized and tagged , , , , , , . Bookmark the permalink.