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The fight between Apple and the FBI over the security protections on the San Bernadino iPhone has been fierce from a long time. FBI filed a motion to compel Apple to help it bypass security restrictions on the phone. Fear of Apple: If the government can force Apple to assist in unlocking this one iPhone, it can force the company to assist in unlocking every iPhone. And then it can presumably force Apple to assist in loading in all kinds of other shady software. Apple also fear that criminals will just find other tools the government can’t break, and regular people will be more open to attacks. Apple assists in hacking the phone, it won’t be the last time they are asked to do it. Some government, somewhere in the world, will abuse this power — and our own government isn't above the temptation. What FBI wants FBI believes the construction of this "backdoor" tool can be done privately, in Apple’s own labs, with unique code that will only allow it to work on only one phone, and the software will never be used again. The FBI has a valid warrant and this iphone may have information that can lead investigators to other people that helped him commit those crimes. The data may even help prevent future crimes. If the court was asking to search a house, email, or car, this is more than sufficient. Normally, this should be unquestionably enforced. But enforcement here raises many important and far-reaching questions. Legal validity of this issue The government argued that the All Writs Act (AWA) authorized the court to require Apple to provide such technical assistance because the AWA has not been limited by Congress and “there is no statute that specifically addresses the issue of Apple’s assistance. However, Apple argued that US Congress declared via CALEA that the government cannot dictate to providers of electronic communications services or manufacturers of telecommunications equipment any specific equipment design or software configuration. The government acknowledges that CALEA exists, but it says: “Put simply, CALEA is entirely inapplicable to the present dispute because Apple is not acting as a telecommunications carrier, and the Order concerns access to stored data rather than real time interceptions and call-identifying information. But Government stance is not correct. CALEA is not limited in its applicability to telecommunications carriers at all as the government has represented to the court. It applies to manufacturers and providers of telecommunications support services as well. Apple is a manufacturer of telecommunications equipment. Apple is entitled to the protections and limitations of CALEA just as it must comply with manufacturer requirements in the statute CALEA limits the government’s authority to dictate to carriers or manufacturers any specific equipment design or software configuration, including device security. It provides: (1) Design of features and systems configurations. This subchapter does not authorize any law enforcement agency or office: (a) to require any specific design of equipment, facilities, services, features, or system configurations to be adopted by any provider of a wire or electronic communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications support services; (b) to prohibit the adoption of any equipment, facility, service, or feature by any provider of a wire or electronic communication service, any manufacturer of telecommunications equipment, or any provider of telecommunications support services. Lessons for India: India should learn some lesson from ongoing tussle between Apple and FBI. Following are the some suggestions. Finding the right mix The right mix between protecting user data, while allowing law enforcement agencies to retrieve it for investigation has to be found. The U.S. does not have high data protection standards but law enforcement agencies have met with increasingly steep judicial barriers to extract electronic data. So companies like Apple have been encouraged to invest in strong encryption, as the evolution of its operating system iOS shows. But India has low data protection standards as well as low legal thresholds for intercepting information. This stalls the development of indigenous high-security devices like the iPhone. Department of Telecommunications continues to prescribe low encryption standards for Internet Service Providers (ISPs), while subjecting them to liability for attacks on the network. The dangerous mix of low data protection standards and legal barriers against monitoring puts India alongside China Need for cooperation Cooperate with law enforcement agencies on legitimate requests for user data. Popular Internet applications and social media platforms in India today are all based in the U.S. or Europe, and host data in servers abroad. Differential treatment by Data giants Their compliance with government requests has been abysmal. Facebook has 53% compliance rate with India , while Its 81% in the case of U.S. government requests. There is simply no basis or justification for the differential treatment of compliance requests but for the fact that Facebook is a U.S.-based company. Freedom 251 The latest rush towards cheap smartphones like Freedom 251 — whose vendors could not even offer a secure website to process phone bookings — has seriously compromised the integrity of user data.
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