The extraordinary legal fight pitting the Obama administration against technology giant Apple ended unexpectedly after the FBI said it used a mysterious method without Apple’s help to hack into a California mass shooter’s iPhone.
Left unanswered, however, were questions about how the sudden development would affect privacy in the future, and what happens the next time the government is frustrated by digital security lockout features.
Government prosecutors asked a federal judge on Monday to vacate a disputed order forcing Apple to help the FBI break into the iPhone, saying it was no longer necessary.
The FBI used the unspecified technique to access data on an iPhone used by gunman Syed Farook, who died with his wife in a gun battle with police after they killed 14 people in San Bernardino, California, in December. The Justice Department said agents are now reviewing the information on the phone.
But the government’s brief court filing, in US District Court for the Central District of California, provided no details about how the FBI got into the phone. Nor did it identify the non-government “outside party” that showed agents how to get past the phone’s security defenses. Authorities had previously said only Apple had the ability to help them unlock the phone.
Apple responded by saying it will continue to increase the security of its products.
“We will continue to help law enforcement with their investigations, as we have done all along,” the company added in a statement, while reiterating its argument that the government’s demand for Apple’s help was wrong.
“This case should never have been brought,” the company said.
FBI assistant director David Bowdich said Monday that examining the iPhone was part of the authorities’ effort to learn if the San Bernardino shooters had worked with others or had targeted any other victims. “I am satisfied that we have access to more answers than we did before,” he said in a statement.
The dispute had ignited a fierce internet-era national debate that pitted digital privacy rights against national security concerns and reinvigorated discussion over the impact of encryption on law enforcement’s ability to serve the public.
Rep. Darrell Issa, R-California, said in a statement that while it was “preferable” that the government gained access to the iPhone without Apple’s help, the fundamental question of the extent to which the government should be able to access personal information remains unanswered.
Issa, a critic of the administration’s domestic surveillance practices, said the government’s legal action against Apple raised constitutional and privacy questions and that “those worried about our privacy should stay wary” because this doesn’t mean “their quest for a secret key into our devices is over.”
The surprise development punctured the temporary perception that Apple’s security might have been good enough to keep consumers’ personal information safe even from the US government.
And while the Obama administration created a policy for disclosing such security vulnerabilities to companies, the policy allows for a vulnerability to be kept secret if there is a law enforcement or national security rationale for doing so.
The withdrawal of the court process also takes away Apple’s ability to legally request details on the method the FBI used in this case. Apple attorneys said last week that they hoped the government would share that information with them if it proved successful.
The Justice Department wouldn’t comment on any future disclosure of the method to Apple or the public.
Denelle Dixon-Thayer, chief legal and business officer at Mozilla, which makes the Firefox web browser, said in a statement that “fixing vulnerabilities makes for better products and better security for everyone” and the “government needs to take that into account” and disclose the vulnerability to Apple.
Jay Kaplan, a former NSA computer expert who’s now CEO of cybersecurity firm Synack, said it is likely Apple will pursue avenues to further lock down their operating systems and hardware, especially as a result of the public announcement of some new technique to crack their phones.
US magistrate Sheri Pym of California last month ordered Apple to provide the FBI with software to help it hack into Farook’s work-issued iPhone. The Justice Department relied on a 1789 law to argue it had the authority to compel Apple to bypass its security protocols on its phone for government investigators. While Magistrate Judge James Orenstein in New York ruled last month in a separate case that the US was seeking broad powers under that legal argument, the decision wasn’t binding in the California case and the Justice Department is appealing.
Technology and civil liberties organizations say they’re concerned the case is far from settled, with some worrying that smaller companies might not have the resources to fight off similar demands.
Apple CEO Tim Cook had argued that helping the FBI hack the iPhone would set a dangerous precedent, making all iPhone users vulnerable, if Apple complied with the court order. He as well as FBI director James Comey has said that Congress needs to take up the issue.
Apple was headed for a courtroom showdown with the government last week, until federal prosecutors abruptly asked for a postponement so they could test a potential solution brought to them by a party outside of the US government last Sunday.
The encrypted phone was protected by a passcode that included security protocols: a time delay and auto-erase featured that destroyed the phone’s data after 10 tries. The two features made it impossible for the government to repeatedly and continuously test passcodes in what’s known as a brute-force attack. But with those features removed, the FBI said it would take 26 minutes to crack the phone.
A law enforcement official said the FBI would continue to aid its local and state partners with gaining evidence in cases — implying that the method would be shared with them. The official spoke to reporters on condition of anonymity because he wasn’t authorized to publicly comment.
@Agency report.
New Delhi : The government on Tuesday permitted 100 per cent FDI in the market place format of e-commerce retailing with a view to attract more foreign investments.
As per the guidelines issued by the Department of Industrial Policy and Promotion (DIPP) on FDI in e-commerce, foreign direct investment (FDI) has not been allowed in inventory-based model of e-commerce.
At present, global e-tailer giants like Amazon and Ebay are operating online marketplaces in India while homegrown players like Flipkart and Snapdeal have foreign investments even as there were no clear FDI guidelines on various online retail models.
To bring clarity, the DIPP has also come out with the definition of ‘e-commerce’, ‘inventory-based model’ and ‘market place model’.
Market place model of e-commerce means providing of an IT platform by an e-commerce entity on a digital and electronic network to act as a facilitator between buyer and seller.
The inventory-based model of e-commerce means an e-commerce activity where inventory of goods and services is owned by e-commerce entity and is sold to consumers directly, according to the guidelines.
A market place entity will be permitted to enter into transactions with sellers registered on its platform on business-to-business basis, DIPP said.
It said that an e-commerce firm, however, will not be permitted to sell more than 25 per cent of the sales affected through its market place from one vendor or their group companies.
“In order to provide clarity to the extant policy, guidelines for FDI on e-commerce sector have been formulated,” DIPP said.
The government has already allowed 100 per cent FDI in business-to-business (B2B) e-commerce.
@ Agency report.
New Delhi : Members of Indian Council of Historical Research (ICHR) today approved starting a new “Gurukul” fellowship under which young scholars would be associated with eminent persons of learning in various fields.
Sources said the ‘in principle’ nod to these new fellowships was given at a meeting chaired by ICHR chief Y Sudershan Rao.
Rao had earlier resigned as the chief of the history research body, but continued on the post as the HRD ministry did not accept his resignation.
“The proposal for the new fellowships was discussed and got the approval of the members. Its aim is to facilitate young scholars to learn from the expertise of masters in various fields, though modalities will be worked out in the coming days,” an ICHR member said.
Asked if the name “Gurukul” was chosen with an aim to promote ancient Indian studies, the member said it may have been chosen because it is a bit “catchy” but the aim is to allow youngsters to gain knowledge by working closely with people who are revered in their field.
@ Agency report.
Uttarakhand High Court on Tuesday ordered a floor test in the Uttarakhand Assembly on 31 March to resolve the political crisis and determine which party has majority in the House.
News reports also said that all MLAs will take part in the floor test, including the nine disqualified MLAs who will be allowed to participate during the proceedings of the Assembly only during the floor test.
The court also appointed its Registrar to be an observer during the floor test.
Reports further said that the result of the floor test will not be revealed immediately. The result will be enclosed in a sealed envelope by the Speaker and sent to the court.
Directions have also been given to the Uttarakhand DGP to ensure the floor test takes place in a peaceful way.
Addressing reporters after the court’s order, Congress leader Abhishek Manu Singhvi said, “The matter was argued extensively. The high court has passed an order which, according to us, accepts the point that despite President’s Rule, there is enough scope for judicial review to allow floor test. The floor test was asked on the basis of past precedents of the Supreme Court.”
He also said that the charges against Rawat do not justify President’s rule. “Mere horse trading allegations will not justify President’s Rule. The court has implemented what the Governor had thrice said and what the Chief Minister agreed to twice.
“The court has allowed, only for purposed of counting, voting by disqualified and non-disqualified MLAs. Votes of disqualified MLAs will ke kept separately for identification, subject to the outcome,” he said.
Congress on Monday had legally challenged the imposition of President’s Rule in Uttarakhand as it sparred with BJP, accusing the Centre of toppling its government when the Governor had given time to the Chief Minister to prove his majority in the Assembly.
The dislodged Chief Minister had moved the Uttarakhand High Court in Nainital, questioning the Centre’s decision bringing the hill state under President’s Rule.
Rawat’s petition had come up before the single bench of Justice UC Dhyani, who after hearing both sides, had said the matter would be taken up again on Tuesday. It was filed on Rawat’s behalf by senior Supreme Court counsel Abhishek Manu Singhvi.
Singhvi had contended that circumstances were not suitable for invoking Article 356 of the Constitution under which the government was sacked and the Assembly kept under suspended animation.
@ AGENCY REPORT.
India may soon have a single number for all its emergency services along the lines of 911 in the US.
Telecom Commission, an inter-ministerial committee by the central government, has accepted Telecom Regulator of India’s recommendations to use ‘112’ for emergency services such as the fire department, police ambulance services.
Sources in the telecom ministry say the new service could be rolled out within the year.
“Telecom Commission has accepted Trai’s recommendation on single emergency number 112. It will now be drafted by the Department of Telecom and will require Telecom Minister’s (Ravi Shankar Prasad) approval. It will be rolled out within months rather than a year,” the source said.
The service will be available even on landlines and cell phones whose outgoing call facility has been stopped or temporarily suspended.
Emergency contact can also be made through text messages. The system will then trace the sender’s location and relay the information to the nearest help centre.
A call centre-like system will take the emergency calls. Representatives at the centre will have to speak English, Hindi as well as the local language.
The number will replace existing individual numbers.
Currently, emergency response number for police is 100, fire brigade 101, ambulance 102 and Emergency Disaster Management 108. States have their own help line numbers. For instance, Delhi government has its own special numbers, such as Woman in Distress (181), Missing Children and Women (1094) and Crime Against Women (1096).
@ Agency report.
New Delhi : Gujarat was on Monday named the most film friendly state at the 63rd National Film Awards for its effort to ease shooting films.
“Most film friendly state” award has been introduced this year.
Gujarat’s single window clearance facility, presence of a dedicated web portal, international promotions, database of product facilities and hotels and emergency services as well as the friendly approach of the state government were other reasons responsible for its win, the jury said in its citation.
There were two special mentions in the category– Uttar Pradesh and Kerala for the efforts in making their state friendly towards film shooting crews.
@Agency report.
The Indian and the Pakistani probe teams on Monday began talks on the investigation into Pathankot airbase terror attack.
Led by Punjab Counter-Terrorism Department Additional Inspector-General Muhammad Tahir Rai, the Joint Investigation Team (JIT) had left for India on a special plane from Allama Iqbal International Airport on Sunday morning from Lahore.
Intelligence Bureau’s Deputy Director-General Lahore Muhammed Azim Arshad, Military Intelligence’s Lieutenant- Colonel Irfan Mirza, Lieutenant-Colonel Tanvir Ahmad of Inter-Services Intelligence (ISI) and Inspector Shahid Tanveer, a Punjab police officer based in Gujranwala., are the other members of the JIT.
India had blamed JeM militants for the brazen attack.
India plans to provide the Pakistani probe team access to all witnesses in the Pathankot terror attack case but not security personnel from National Security Guard or the BSF.
@Agency report.
New Delhi : Majority of corporates expect to spend more on social welfare activities in the next financial year as CSR increasingly becomes part of strategic decision making process, says a survey.
However, the survey by industry body Ficci also revealed that companies find lack of clarity on laws and tax related regulations along with some other factors as obstacles in implementing Corporate Social Responsibility (CSR) projects.
Under the Companies Act, 2013, certain class of profitable entities are required to shell out at least 2 per cent of their three-year average annual net profit towards CSR activities. The norm came into effect from April 2014.
Ficci said 83 per cent of the participating companies anticipate an increase in their CSR spending in 2016-17.
“While 6 per cent participants expected a decline, another 9 per cent cited no change. The remaining 2 per cent of the companies said that they have made a CSR allocation in their budget for the first time,” it noted.
The findings are based on a survey conducted between January and February covering 150 responses. The respondents include public sector undertakings, private firms and foreign multinational companies, had a turnover ranging between Rs 1.7 crore and Rs 75,000 crore.
As much as 77 per cent of the companies surveyed reported that an increase in their CSR budget in 2014-15 compared with 2013-14 period.
On the other hand, the survey found “inadequate clarity on laws and tax related regulations”, among others, was seen as an obstacle by firms in implementing CSR projects.
When it comes to motivation, majority of the respondents indicated ethical considerations as the primary factor behind adoption of CSR activities.
“Companies are increasingly looking at integrating their businesses with the community to create shared value. About 49 per cent of the respondents stated creation of shared value as a motivation factor, followed by social good compliance,” Ficci said.
Around 95 per cent of the participants said their CSR projects are aligned with the government’s development initiatives, including Swachh Bharat Mission, Skill India and National Health Mission.
“It is encouraging to note that companies have continued to base their CSR programmes according to community needs aligning with the national development agenda, especially those impacting women and children,” said Rajashree Birla, Chairperson, Ficci-Aditya Birla CSR Centre for Excellence.
@Agency report.