The Center for Internet and Society at Stanford Law School is a leader in the study of the law and policy around the Internet and other emerging technologies.
The US war on encryption has quieted down recently. The San Bernardino and Brooklyncourt cases concerning encrypted iPhones both ended this spring not with a bang, but with a whimper. Read more about The Encryption Debate: All Quiet on the Western Front?
If you’ve been paying attention to the fight between Apple and the FBI over the San Bernardino shooter’s iPhone, you’ve probably heard the term “warrant-proof phones” thrown about in an ominous way. Read more about The Feds Are Wrong to Warn of “Warrant-Proof” Phones
By now, the details of Apple’s fight with the FBI are well known: the FBI wants access to an iPhone belonging to the deceased terrorism suspect Syed Farook, who was involved in the San Bernardino, California, attack on December 2, 2015. Read more about Called Out The Global Consequences of Apple's Fight With the FBI
The legal dispute between the FBI and Apple over a locked iPhone is clouded in technical details that are hard for many to understand, an unclear area of law, and a terrible tragedy in San Bernardino that provokes unease and fear. Read more about Outcome of FBI fight with Apple will affect your privacy
It is not often that a legal battle over smartphone firmware captures the national imagination, but such is the case as the FBI tries to access the data contained on suspected San Bernadino shooter Syed Farook’s iPhone. The feds want Apple to help it break into the phone, under the authority of an obscure 1789 law called the All Writs Act. Thus an ancient statute meets an icon of the digital age. This odd pairing is strangely appropriate, as the Apple case, and others like it, will help to determine whether our hard-fought gains in civil liberties will survive today’s technology. Read more about The iPhone Case and the Future of Civil Liberties
Apple’s celebrated fight with the FBI over the security of its encrypted iPhones has shone the spotlight on an old and obscure federal law from 1789 known as the All Writs Act (AWA).
The AWA is a short little statute, giving federal courts the power to “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.” Read more about Apple v the FBI: why the 1789 All Writs Act is the wrong tool
Last week’s big cybersecurity news was that the FBI obtained a court order to force Apple to develop new software that would bypass several iPhone security features so the FBI can attempt to unlock the work phone of one of the San Bernardino shooters. Apple plans to challenge that order. (Full disclosure: I am planning on writing a technologists’ amicus brief on Apple’s side in that challenge.) Read more about Who Sets the Rules of the Privacy and Security Game?
FBI Director James Comey recently told the Senate Judiciary Committee that encryption routinely poses a problem for law enforcement. He stated that encryption has “moved from being available [only] to the sophisticated bad guy to being the default. So it’s now affecting every criminal investigation that folks engage in.” Read more about James Comey’s Default-Encryption Bogeyman
The Obama administration has apparently decided not to support exceptional access proposals that would provide law enforcement with the means to access data on iPhones and other personal devices. Read more about Lawful Hacking After the Encryption Debate