[HN Gopher] Apple takes UK to court over 'backdoor' order
       ___________________________________________________________________
        
       Apple takes UK to court over 'backdoor' order
        
       Author : latexr
       Score  : 615 points
       Date   : 2025-03-05 18:07 UTC (1 days ago)
        
 (HTM) web link (www.theregister.com)
 (TXT) w3m dump (www.theregister.com)
        
       | ohgr wrote:
       | I am very glad they are doing this as a UK based ADP user.
       | Waiting to see how long before they forcibly turn it off for
       | existing users. I will of course just remove everything from
       | iCloud at that point.
        
         | kennysoona wrote:
         | It's not like you can use an alternative without facing jail
         | time if you don't give up the keys.
        
           | ohgr wrote:
           | Indeed. But you can of course say _" show me the court
           | order"_ and defend yourself.
        
             | kennysoona wrote:
             | Is a court order explicitly needed in the UK to demand a
             | key?
        
               | blitzar wrote:
               | A warrant is required - can be issued by the Secretary of
               | State.
        
               | ohgr wrote:
               | Yes there has to be magistrate approval and you can
               | challenge a notice with legal representation.
        
             | OsrsNeedsf2P wrote:
             | Not in the UK. In fact there's precedence they can arrest
             | you for not unlocking your devices, without a warrant[0]
             | 
             | [0] https://www.independent.co.ug/activist-convicted-uk-
             | terror-o...
        
               | ohgr wrote:
               | They can arrest you for anything. I've been arrested
               | twice. And questioned once. And apologised to twice.
        
               | 77pt77 wrote:
               | apologised?!
               | 
               | Surely you're joking!
               | 
               | No way that really happened or it was an empty apology
               | like.
               | 
               | > I'm sorry you made yourself suspicious
        
               | Braxton1980 wrote:
               | He didn't even explain why he was arrested or what he was
               | suspected of
        
               | ohgr wrote:
               | First time I was arrested for being next to a fight until
               | I was cleared of any involvement. This required some
               | explaining and the policeman was an idiot.
               | 
               | Second time some busybody reported to the police that I
               | was carrying a knife. This was a Santoku knife that I'd
               | literally bought and was still in the plastic packaging
               | but you could see it through the plastic bag I was
               | carrying it in. We had a bit of a laugh about it and they
               | apologised for wasting my time. They did however arrest
               | me so that they could do a formal search and had right to
               | as they had reasonable suspicion I was carrying it as a
               | weapon. I'm not bothered they were very reasonable and so
               | was I.
        
               | KennyBlanken wrote:
               | Nothing about either of those is reasonable.
               | 
               | In the US both of those would have been handled with an
               | Investigatory detention - same as being pulled over for a
               | traffic stop. Not even remotely an arrest.
               | 
               | > They did however arrest me so that they could do a
               | formal search and had right to as they had reasonable
               | suspicion I was carrying it as a weapon.
               | 
               | What "reasonable suspicion"? They could see the "weapon"
               | that had been reported and at that point it should have
               | been "have a nice day" and then them trundling themselves
               | over to whoever called it in and charged them with making
               | a false report.
               | 
               | I swear, UK police seem generally nicer than US cops but
               | infinitely dumber and the shit you brittons put up with
               | in terms of having your rights violated is astounding.
        
               | lolinder wrote:
               | > In the US both of those would have been handled with an
               | Investigatory detention - same as being pulled over for a
               | traffic stop. Not even remotely an arrest.
               | 
               | I'm not from the UK, but it seems likely that this is
               | just a question of semantics. Many US traffic stops are
               | far more stressful--and handled in a way that is far less
               | conciliatory--than the "arrest" that OP describes. It
               | doesn't sound like they were taken to a police station or
               | even necessarily handcuffed, more just formally detained.
               | 
               | As for US detentions: It doesn't especially matter if
               | they're not technically "arrests" in US parlance, you're
               | still being stopped by the police and you still can't go
               | anywhere until they let you because there's a too-high
               | probability that they'll find an excuse to make your life
               | miserable if you don't cooperate.
        
               | ohgr wrote:
               | At the same time they don't tend to blow holes in the
               | victim here.
        
               | akimbostrawman wrote:
               | Because of the increase in knife crimes in the last
               | couple of years the UK police have become incredible
               | aggressive towards anybody in possesion of even small
               | purpose knifes in public. I'm honestly surprised OP got
               | away with it.
        
               | michaelt wrote:
               | _> I 'm honestly surprised OP got away with it._
               | 
               | Buying a knife and carrying it home is 100% legal, so
               | there's nothing to "get away with" here.
               | 
               | Carrying a Santoku knife in public is only illegal if
               | it's being carried without a "good reason" and carrying a
               | newly purchased knife home is certainly a good reason.
               | 
               | The police have the power to stop and search people when
               | they have "reasonable grounds" to suspect they're
               | carrying a weapon; if the knife is clearly visible that's
               | certainly reasonable grounds. So the search was not
               | illegal.
               | 
               | A stop-and-search means being "detained" in the sense
               | that you are not free to leave until the search is
               | completed, but it's not an "arrest" that would appear on
               | your arrest record. Perhaps there was a miscommunication
               | about the distinction between being 'detained' and being
               | 'arrested' ?
        
               | akimbostrawman wrote:
               | UK police are nothing more than legal mobster. If they
               | don't like your face they can just decide the good reason
               | is not good enough.
               | 
               | https://professional-troublemaker.com/2018/04/10/u-k-
               | knife-c...
        
               | joshuaissac wrote:
               | > If they don't like your face they can just decide the
               | good reason is not good enough
               | 
               | The article you linked does not support the claim that
               | the UK police not liking someone's face is sufficient for
               | them to be allowed to stop and search someone.
               | 
               | In fact, this goes directly against the PACE guidelines
               | as described at https://www.college.police.uk/app/stop-
               | and-search/fair
               | 
               | > A person's physical appearance [...] cannot be used as
               | the reason for stopping and searching them [...] unless
               | there is information or intelligence giving a specific
               | description of a person suspected of carrying an item for
               | which there is a power to search.
        
               | michaelt wrote:
               | "Reasonable suspicion" is the UK equivalent of what
               | Americans call "probable cause" i.e. jargon for when the
               | police are allowed to search you.
               | 
               | The police have to conduct stops in a certain manner,
               | because of the law that gives them the power to stop
               | people: They are _legally required_ to tell the person
               | they 're being detained for the purposes of a search, the
               | purpose of the search, the grounds for the search, and
               | the legal power used.
               | 
               | Getting a load of jargon thrown at you about "detained"
               | and "offensive weapon" and "Police and Criminal Evidence
               | Act" sound a bit officious, but once they've stopped you
               | they've _got_ to give you the officious jargon, it 's
               | required by law.
               | 
               | Also, while it's rare that the police will have occasion
               | to stop and search a middle class, middle age white guy
               | like myself, when the situation _does_ come up, it 's
               | reasonable for them to do it thoroughly and by the book.
               | They should treat a report of me carrying a knife the
               | same as they'd treat a report of a black teenager in a
               | bad neighbourhood carrying a knife.
        
               | 77pt77 wrote:
               | > In the US both of those would have been handled with
               | 
               | Shooting. They would probably have shot him.
        
               | ethagnawl wrote:
               | I was stopped and questioned twice within a span of about
               | ten minutes while walking around near Parliament in the
               | middle of the night because someone _supposedly_ called
               | in some sort of a threat. I was severely jetlagged and
               | had never been to London before, so I figured it wouldn't
               | be any different than walking around NYC but that may
               | have been naive on my part.
        
               | Reason077 wrote:
               | You can walk around 99.9% of central London at any time
               | of night and nobody is going to raise any eyebrows no
               | matter how jet-lagged you look. But there's always a
               | chance you're going to attract some attention outside
               | Parliament, or certain embassies, especially if there's
               | an "elevated threat level" or whatever.
        
             | gambiting wrote:
             | If you are stopped at the border then you don't have such a
             | right. British border force can just demand you give them
             | keys to all your devices and hold them for 7 days, no court
             | order needed.
             | 
             | Watch this if you're curious how that looks like:
             | 
             | https://www.youtube.com/watch?v=991kRp8KUmo
        
               | lucb1e wrote:
               | The part that stood out to me, copying from the automatic
               | transcript:
               | 
               | > they're sitting there with these like blank A4 Bits of
               | Paper writing down everything I'm telling them like you
               | know bits of interest and it's exactly the same thing the
               | Russians did when they interrogated me [...] to be honest
               | interactions with the Russians have been pretty much the
               | same as inter with the British government
               | 
               | I didn't do my research before going to the UK for the
               | first time two months ago and just went with my gut
               | feeling, that is, deleting files from my phone that I
               | don't want to end up in a government system through
               | Cellebrite's "accelerated justice" or whatnot. Never done
               | this for any other country before (I cross borders on a
               | weekly basis). Seeing this video and the Ugandan article
               | from the sibling comment, that was definitely the right
               | move
        
               | Marsymars wrote:
               | I don't know of any country where border guards _don't_
               | have the authority to seize your device if you're trying
               | to cross.
               | 
               | I just use devices with ephemeral storage for crossing
               | borders to save myself from having to do any research on
               | any particular country's device privacy practices.
        
               | lucb1e wrote:
               | Then I'm not sure what we're criticizing China for, if no
               | country has such fundamental rights for the people under
               | its control. The warrant system exists for a reason. I'm
               | not more likely to be carrying something illegal when
               | going between countries than within the jurisdiction
               | where my registered place of residence is; _less_ if
               | anything because there might be spot checking indeed
        
               | ohgr wrote:
               | I get bagged and tagged at least once a week when I go
               | shopping in the UK in the last 50 years. You don't want
               | to come here at all. I'd rather hang around in Russia
               | these days.
               | 
               | Facetious comment aside the only time I've had problems
               | with border security anywhere is getting a large carpet
               | back home from Azerbaijan. This was very interesting and
               | required them to examine every square centimetre of it.
               | China, US, UK, Europe all really boring. Russia was
               | incompetent. They didn't even check anything at all
               | (2012)
        
               | 77pt77 wrote:
               | Imagine you're a citizen and say no.
               | 
               | Are they arresting you?
               | 
               | Because they have to let you in.
        
               | gambiting wrote:
               | You don't have the right to say no or even stay silent.
               | If you refuse to give up your passwords they will charge
               | you with the whatever the legislation around it is, it's
               | 2 years behind bars for refusing.
        
               | UberFly wrote:
               | God this is scary. What if this "authority" figure is
               | abusing their position? Do you have any recourse?
        
               | johnisgood wrote:
               | Probably not, just a waste of money and time, but
               | hopefully someone can provide a reasonable recourse.
               | 
               | What if you say you forgot? I actually had times (after
               | not having used my phone for a month or two) that I (& my
               | muscles) forgot my PIN (not for the SIM card) and I had
               | to do a factory reset.
        
               | gambiting wrote:
               | Well it's not automatic 2 year prison sentence. The state
               | charges you with a crime, it goes to trial, and then you
               | have to defend yourself - if your argument is that you
               | forgot, then it would be an interesting case - ultimately
               | the prosecutor would need to prove that it's unlikely you
               | forgot, say if they had proof (say CCTV recording at the
               | airport) showing you using your phone 5 minutes before it
               | was confiscated - it would be pretty hard to argue that
               | in the space of those 5 minutes you forgot the password.
               | But if you had a device in your suitcase and could
               | successfully argue that you haven't used it in ages and
               | the password was long and complex then yeah, I guess
               | you'd be found not guilty - up to the judge/magister/jury
               | depending on where exactly in the justice system you end
               | up. But yeah, while stopped at the border saying "I
               | forgot" is not a good card to play.
        
               | Lanolderen wrote:
               | It probably won't end well but I'm curious what would
               | happen if you give them a password that resets the
               | device. Theoretically it unlocks it, it's just that it
               | takes a minute and it's factory new at that point.
        
               | gambiting wrote:
               | They'd charge you with destroying evidence, or
               | "perverting the course of justice". They aren't stupid,
               | they would know that you gave them a password that wiped
               | the device.
        
               | joshuaissac wrote:
               | They would image the device and try the password against
               | the image, if possible.
        
               | gsnedders wrote:
               | This depends on who the Border Agency officer is:
               | 
               | An Immigration Officer may search you until they are
               | satisfied you are a citizen. As long as you have a
               | passport (or emergency travel document) listing you a
               | citizen, this should be straightforward and they're
               | unlikely to have grounds for any further search. At that
               | point, you have been let into the country.
               | 
               | Customs Officers are much more likely to have grounds for
               | a search -- if they believe you are bringing prohibited
               | material on the electronic device into the country (and
               | "reasonable grounds" is low, as it typically is for
               | customs -- "you're acting kinda sus" is a reasonable
               | ground), they can search your device. It is an offence to
               | refuse a search, so while you've been admitted to the UK,
               | you could be arrested for that offence.
               | 
               | This is all broadly comparable to most other countries
               | immigration and customs laws; the UK is not an outlier
               | here.
               | 
               | The problems with the UK are primarily things that apply
               | to everyone, not just at the border -- for example the
               | Terrorism Act 2000 and Regulation of Investigatory Powers
               | Act 2000. But again, in the border case -- that's
               | basically all going to be _after_ you are admitted to the
               | UK.
        
               | inopinatus wrote:
               | Some firms routinely forbid carrying company data
               | (including encrypted data) across five-eyes and PRC
               | borders, this is why.
        
           | ben_w wrote:
           | That's still a big improvement. A backdoor can be exploited
           | by criminals who want personal gain, not just used as
           | intended by police.
        
           | cpressland wrote:
           | This is correct - but I'd rather my law enforcement had a
           | pre-existing reason to investigate me rather than just
           | stumbling upon something in random hidden searches. Innocent
           | until proven guilty is key here.
           | 
           | I have nothing to hide, but I'm still not giving you access
           | to my photo library.
        
             | paxys wrote:
             | Whether the data is encrypted or not, they still need a
             | warrant.
        
               | KennyBlanken wrote:
               | Those warrants are secret. We don't even know if they're
               | following the rules they lay out.
               | 
               | In the US, the secret FISA court hasn't turned down a
               | single warrant. Either the government is only coming to
               | them with completely justified cases or they're just a
               | rubber stamp. Either way, there's no oversight so we have
               | no way of knowing.
        
               | account42 wrote:
               | For now. Once the means are there it's only a matter of
               | time until everything is scanned automatically.
        
           | PaulRobinson wrote:
           | The penalty for not giving up keys is max 2 years in prison.
           | Most offences that they're trying to use the encrypted data
           | to use as prosecution evidence (for example, child
           | pornography), have penalties that are way more than 2 years
           | in prison.
           | 
           | If you're genuinely innocent, the 2 years is horrid. If
           | you're actually guilty, it's a cheap way to serve your time.
           | 
           | It's a weird and perverse law that shouldn't exist, but it's
           | likely in time the government will need to move the needle
           | one way or the other, as habitual criminals are getting used
           | to doing the maths.
        
             | llm_trw wrote:
             | This comes up every time someone wants to give the death
             | penalty for rape.
             | 
             | If the punishment for rape is harsher than the punishment
             | for murder than anyone committing it may as well remove the
             | evidence by using a blender.
        
               | robocat wrote:
               | Is there a academic study of the heuristic of choosing
               | between option A versus option B?
               | 
               | People (even criminals) are not perfectly economic
               | thinkers. That's probably a good thing. I have this
               | terrible thought of a quant rapist: juggling their risk
               | that the victim stays quiet or otherwise acts (police or
               | revenge). Deciding on the Kelly Criterion for losing 20
               | years in prison.
               | 
               | I'd watch a movie about a killer using statistics
               | properly. It is annoying when muderers are cast as being
               | idiots. I imagine the protagonist runs a hedge fund and
               | gets bored of getting away with white collar crime.
        
               | chii wrote:
               | > People (even criminals) are not perfectly economic
               | thinkers. That's probably a good thing.
               | 
               | why is that a good thing?
               | 
               | Perfect economic thinkers are good, because they'd be
               | predictable and can be reasoned with. Providing economic
               | incentives to such means you can direct behaviour in an
               | easy and efficient way.
               | 
               | Irrational thinkers cannot be reasoned with via economic
               | rationality. Therefore, either you have to stack the
               | incentives so high that the cost becomes overbearing, or
               | you use some other means of control that's less nice.
        
               | contravariant wrote:
               | Perfect economic thinkers will kill one guy so his organs
               | can save three others.
               | 
               | Utility is a flawed way to capture ethics.
        
               | chii wrote:
               | Being perfect economic thinkers doesn't mean they are all
               | powerful. How does one go kill one guy without
               | consequence? The only person this perfect economic
               | thinker has access to is himself, and surely, he values
               | his own life at infinity.
               | 
               | Ethics is an agreement between people in society, which
               | cannot be captured via economic rationalism alone, but
               | economic rationalism can take into account current
               | ethics, as well as other actors' propensity for more or
               | less ethics.
        
               | CobrastanJorji wrote:
               | But if criminals are not perfectly rational economic
               | thinkers, harsher prison sentences may not be morally
               | justified!
        
               | johnisgood wrote:
               | A behaviorist perspective on justice, punishment, and
               | rehabilitation does not require morality.
               | 
               | 1. Pragmatism - Justice can be effectively framed around
               | practical outcomes and societal safety, it requires no
               | moral framework.
               | 
               | 2. Remorse and Emotional Response - Feelings of remorse
               | can be understood as conditioned responses shaped by
               | environmental influences rather than as reflections of
               | moral responsibility; remorse does not necessitate moral
               | weight as they can arise from societal conditioning and
               | past experiences.
               | 
               | 3. CBT - Cognitive Behavioral Approaches demonstrate that
               | behavioral and emotional changes can occur without
               | delving into moral implications, and requires no moral
               | reflection.
               | 
               | 4. Behavioral Accountability - Individuals can be held
               | accountable for their actions based solely on their
               | observable behavior and its consequences, without the
               | need for moral judgments. The focus is on modifying
               | harmful behaviors through interventions and
               | reinforcements rather than assigning moral blame.
               | 
               | So, this framework provides a rational and effective
               | approach to understanding and managing human behavior,
               | focusing on the pragmatic aspects of justice,
               | rehabilitation, and accountability, it does not require
               | an already shaky and subjective moral judgment or moral
               | accountability, and as thus, need not be morally
               | justified.
               | 
               | If you want me to elaborate (with examples, too), I am
               | willing to as my time allows.
        
               | lupusreal wrote:
               | I know a woman who was raped by her father. The state is
               | going to release him in a few years, so now her family
               | lives in terror of that day. Where is the justice in
               | that, and what does the rapist bastard being or or not
               | being a ""rational economic actor"" have to do with any
               | of it?
        
               | shadowgovt wrote:
               | Indeed, a big part of a society's system of justice is
               | "letting most people sleep at night."
               | 
               | Whether there's justice or not in a rapist serving their
               | sentence and going free (given that, one assumes, the
               | sentencing guidelines were decided by dispassionate
               | thinkers trying to reason about society as a whole)... It
               | goes out the window if a family lives in so much fear
               | they decide to "fix" the issue by taking the law into
               | their own hands.
               | 
               | Then the society has to decide whether to jail the
               | family, and so on.
               | 
               | Hammurabi's code seems harsh by modern standards, but at
               | the time it was positively progressive. It was attempting
               | to replace a retaliatory tradition so bloody it could
               | wipe out entire bloodlines. He was trying to impose an
               | _upper limit_ on consequence to allow a society of semi-
               | strangers to reach some meta-stability.
        
               | drdaeman wrote:
               | In this modern age, I'm rather interested in the inverse:
               | lawmakers doing proper scientific research, and
               | legislating based on that; attempting to discover the
               | sociological or economical truths rather than chasing
               | slogans and acting on beliefs and agendas.
        
               | danielscrubs wrote:
               | They do that in many countries. Basically they check the
               | likelihood of being a repeat offender and try to minimize
               | that. Tax crimes become harsher than violent crimes
               | because of it, for example... it is not popular amongst
               | the population though.
        
               | genewitch wrote:
               | I've only heard rumors that Scandy countries do this, do
               | you have any references?
        
               | matwood wrote:
               | > I'd watch a movie about a killer using statistics
               | properly.
               | 
               | At the start of the movie Heat, one of the hot head
               | robbers kills one of the guards. De Niro, the leader of
               | the robbers, immediately kills the other guard and says
               | something along the lines of 'it's capital murder either
               | way so may as well not leave any witnesses'. Ultimately,
               | it's Di Nero being non-rational and driven by emotion
               | that leads to the final scene in the movie.
        
               | dspillett wrote:
               | _> People (even criminals) are not perfectly economic
               | thinkers._
               | 
               | This imperfection feeds into the argument for not
               | punishing rape as harshly as murder: the rapist is likely
               | to misjudge the chances of the murder being discovered
               | and traced back to them, when doing the risk math to
               | decide how to proceed. If their imperfect thinking leads
               | them to overestimate their chance of pulling off the
               | perfect murder (or the perfect coverup after one) then
               | that pushes the chance of equal punishment leading to
               | more murders higher.
               | 
               | "Doing risk math" oversells it for crimes of opportunity,
               | where decisions about how to keep the action quiet after
               | it has happened is going to be very emotion/panic (rather
               | than facts/stats) driven, but for premeditated attacks I
               | suspect things will flip the other way.
        
               | opo wrote:
               | >Is there a academic study of the heuristic of choosing
               | between option A versus option B?
               | 
               | I don't know of a paper on that specific question, but
               | for example, Gary Becker got his Nobel prize because he
               | applied economics to a wide range of human behavior
               | including crime and punishment. Here is a famous paper of
               | his on crime:
               | 
               | https://www.nber.org/system/files/chapters/c3625/c3625.pd
               | f
        
               | kennysoona wrote:
               | Except that rape and murder are separate offenses and
               | both would be charged, not one or the other.
        
               | bryanrasmussen wrote:
               | they can't execute a criminal more than one time.
        
               | kennysoona wrote:
               | Not everywhere has the death penalty. Some countries are
               | civilized.
        
               | cloud-ranger wrote:
               | Like Germany and the UK? However, it's no problem at all
               | for them to supply Israel with support in their murder of
               | 18,000+ children. Remote killing good, local killing bad?
        
               | bryanrasmussen wrote:
               | this subthread was about how if rape has the death
               | penalty then s rapist may decide to commit murder to
               | lessen the chance of being identified.
        
               | kennysoona wrote:
               | Right, and my point was that if rape doesn't have the
               | death penalty, then murder is less likely.
        
               | lupusreal wrote:
               | Would be rapists and murderers simultaneously aren't
               | deterred from committing their crime in the first place
               | by the threat of execution, but also will escalate their
               | crime in response to the threat of execution. Very
               | curious.
               | 
               | Liberal Europeans and Americans like to say that no
               | civilized country executes criminals, but in fact several
               | developed democratic countries in Asia do, and to say
               | they aren't civilized seems absurd. Executing criminals
               | seems to work well for them. Very curious.
        
               | wezdog1 wrote:
               | I lost some braincells reading this one
        
               | lupusreal wrote:
               | Thank you.
        
               | regularfry wrote:
               | > no civilized country executes criminals, but in fact
               | several developed democratic countries in Asia do, and to
               | say they aren't civilized seems absurd.
               | 
               | If you're saying the first bit, you're saying that it's a
               | disqualifier from the second.
        
               | lupusreal wrote:
               | And I'm saying that anybody who claims Japan, South Korea
               | or even Singapore isn't civilized is being absurd. Their
               | own country is almost certainly more dangerous than
               | those, there are _very_ few countries with lower
               | intentional homicide rates than those three.
        
               | shadowgovt wrote:
               | It is, perhaps, worth observing that one of the stories
               | told about how English law pulled back from death-
               | penalty-for-thievery was that if a thief had their life
               | on the line already, they may as well murder too.
               | 
               | It's an interesting story, but the historical record of
               | how English law changed is, I think, a bit more
               | interesting. Kids in London would steal. They'd go on
               | trial. A jury of Londoners would see what looked like a
               | twelve-year-old in the docket and just flat-out refuse to
               | find them guilty because they couldn't sleep with
               | themselves thinking they'd sent some kid to the gallows.
               | This pattern became such an issue that merchants
               | petitioned the King to pull back the penalties because as
               | the system was implemented, _it was going to stop
               | protecting their property from thievery._
        
               | stevetron wrote:
               | Blender? A 3-d drawing program? How would that remove
               | evidence?
        
             | cortic wrote:
             | When you are released from prison, they can simple ask you
             | to decrypt the data again, and if you refuse or can't, you
             | have broken a law with another 2 years in prison (5 if they
             | think you could have anything to do with 'terrorism').. Its
             | theoretically an infinite prison sentence for forgetting
             | your passwords.
        
               | oxcidized wrote:
               | I believe double-jeopardy laws wouldn't allow this, but I
               | could be wrong.
        
               | ninalanyon wrote:
               | Double jeopardy was abolished in England and Wales almost
               | twenty years ago:
               | 
               | http://news.bbc.co.uk/2/hi/uk_news/4406129.stm
        
           | teekert wrote:
           | Really? So you can have your own Nextcloud server, connect
           | over Tailscale and you'd face jail-time? I can't imagine
           | that.
        
             | kennysoona wrote:
             | The law is about making sure the UK government has access
             | to your encrypted data if they want it. It doesn't only
             | apply to big corporate solutions.
        
               | teekert wrote:
               | Wtf. What is next, my thoughts? Who are these people?
               | Thinking they can outlaw basic maths operations.
        
               | DeepSeaTortoise wrote:
               | Look up "decolonize math" or "critical mathematics".
        
           | jackjeff wrote:
           | That's not necessarily true.
           | 
           | RIPA notices do indeed assume you're in possession of the
           | keys of anything encrypted and you must disclose when asked
           | nicely.
           | 
           | You just need an airtight provable way of showing you have a
           | way to destroy that key when you push a button and do that
           | before the notice arrive. I suspect that's after they seize
           | your stuff.
        
           | volemo wrote:
           | I can be criminally charged for encrypting my data (and
           | keeping it encrypted)? That's mental!
           | 
           | Guess, I better delete that big file of random numbers from
           | my computer.
        
             | kennysoona wrote:
             | > I can be criminally charged for encrypting my data (and
             | keeping it encrypted)? That's mental!
             | 
             | That's the UK.
        
           | v3xro wrote:
           | Yes, and they have the resources to go after every (former)
           | user of ADP. </s>
        
           | like_any_other wrote:
           | But then you will know they are spying on you - they won't be
           | able to do it secretly.
        
         | justinclift wrote:
         | > I will of course just remove everything from iCloud at that
         | point.
         | 
         | The iPhone's backup utility doesn't seem to support _anything_
         | other than iCloud, so you 'd probably have to individually set
         | up some kind of automated scheduling that (no idea how) for
         | your main apps.
         | 
         | Not sure if you'd be able to backup system stuff though. :(
        
           | ohgr wrote:
           | I don't backup my phone anyway. There's nothing I can't
           | replace in about 30 minutes work.
        
             | lang4d wrote:
             | Do you save photos and messages somewhere?
        
           | treesknees wrote:
           | It's not automated but you can certainly still use iTunes to
           | create a local encrypted backup of the entire phone, apps,
           | and data. Works over USB and Wirelessly on the same network.
           | People who decide not to use iCloud can certainly still keep
           | their data safe.
        
           | GeekyBear wrote:
           | On a Mac, creating encrypted local backups of your iOS device
           | is built into MacOS.
           | 
           | On Windows, you create an encrypted local backup of your iOS
           | device using iTunes.
           | 
           | It backs up everything. OS, Apps, and data.
        
             | volemo wrote:
             | > It backs up everything. OS, Apps, and data.
             | 
             | I'm not claiming you're wrong, but I think the backup
             | includes the list of apps and versions and excludes data
             | that can be easily downloaded from AppStore.
        
           | ninalanyon wrote:
           | Doesn't Syncthing work on Apple machines?
        
         | Obscurity4340 wrote:
         | I wonder how the metadata comes into play here. Metadata is
         | fair game even with ADP. Apple retains it and could probably be
         | compelled to pass that along
        
         | HexPhantom wrote:
         | Yet I don't have much faith that the UK government will back
         | down
        
       | aryan14 wrote:
       | As they should. You can't throw an ultimatum for something that
       | benefits nobody but the govt. and kick everyone around.
       | 
       | Would like to see other companies who were affected by similar
       | situations also take this to court
        
         | aryan14 wrote:
         | How well it'll do in court is debatable, could go for either
         | side, but regardless of the outcome it's always good to see
         | resistance and pushback
        
         | immibis wrote:
         | Apple will lose, because the government didn't break any law.
        
           | joshuaissac wrote:
           | I don't know what they are arguing in this case, but there is
           | a chance that the government violated the US-UK Bilateral
           | Data Access Agreement 2019, which governs data access
           | requests from either country's government to technology
           | companies based in the other country.
        
           | Tagbert wrote:
           | If the British government insists on this applying to non-
           | british citizens in other jurisdictions, they are likely to
           | be in conflict with privacy laws in those countries and that
           | will trigger an international court case.
        
       | basisword wrote:
       | Can't see much coming of this. At the very least the largest two
       | parties are all for this kind of encryption backdoor and
       | regardless of what the 'court' decides parliament can just
       | legislate around it.
        
         | Defletter wrote:
         | Yup, the Courts are ultimately there to fulfil the will of
         | Parliament: if there's a clear power granted by Parliament to
         | do this sort of thing, and there's no compelling objection from
         | other areas of law, then this is more just a delaying tactic.
        
           | drcongo wrote:
           | I'm not sure that's entirely true, the UK government gets
           | sued regularly and loses a fair amount.
        
             | Defletter wrote:
             | Sure, but that's because the government acted in ways
             | contrary to what Parliament willed.
        
           | krona wrote:
           | Essentially true however judicial review can expose legal
           | flaws, incompatibilities, or breaches of higher legal
           | principles (e.g. the Human Rights Act 1998) essentially
           | compelling (not forcing) the government to amend or adjust
           | legislation.
           | 
           | A notable example being section 23 of the Anti-terrorism,
           | Crime and Security Act 2001.
        
             | Defletter wrote:
             | There's an interesting talk involving Baroness Hale, who'd
             | later go on to be President of the Supreme Court, where she
             | mentions the Belmarsh case:
             | https://www.youtube.com/watch?v=pYR414Q8v6A&t=2605s
        
           | switch007 wrote:
           | Fun facts about the UK supreme court:
           | 
           | - It was created by an Act of Parliament
           | 
           | - It is a government department
           | 
           | - It can not overturn primary legislation
           | 
           | - Parliament could dissolve the court if it so wished
        
             | Defletter wrote:
             | Yup. What Parliament giveth, Parliament can taketh away. It
             | is scary to think what Parliament can do with a simple
             | majority.
        
               | throwaway2037 wrote:
               | > It is scary to think what Parliament can do with a
               | simple majority.
               | 
               | If so, why don't we see parliaments misbehave more often
               | and do crazy shit?
        
               | switch007 wrote:
               | Good question.
               | 
               | Mostly self preservation I guess. It's not unheard of for
               | a party to get wiped out.
               | 
               | I feel the Queen made moves behind the scenes to keep the
               | government in check too. As much as she could. Not sure
               | about Charles
               | 
               | I'm sure they're looking at Trump and realising they can
               | get away with anything if they want to.
               | 
               | Ministers used to resign in disgrace over far less severe
               | things than we've seen the past 2 decades. Now you can
               | just easily distract the public with scandal after
               | scandal or issue after issue. Then they can re-enter
               | politics
        
               | Lanolderen wrote:
               | Probably the pitchfork risk. Governments have gotten good
               | at keeping safe distance from the point where things
               | might get violent.
        
               | Defletter wrote:
               | Well, we _are_ unfortunately seeing more of this with the
               | rise of populism. However, I feel as if certain factors
               | come together to provide a pretty effective stop-gap:
               | 
               | 1. Members of Parliament (MPs) represent roughly 70k
               | people. And while that's still a significant number, it's
               | small enough for them to know and be known by their
               | constituents. It's more difficult to vote against your
               | constituents when you know them.
               | 
               | 2. The House of Lords (HoL) can revise and delay, but not
               | block, which means we are functionally immune from cross-
               | chamber games of chicken that result in US-style
               | government shutdowns, or European-style budget bills as
               | confidence motions. We _did_ come pretty close to this
               | with Brexit in 2019, but this was all within the House of
               | Commons given that the ruling party did not command a
               | majority.
               | 
               | 3. Parliamentarians usually respect the inertia of
               | institution. As in, the idea that it's right to continue
               | things as they've always been done, unless there's a
               | compelling reason. It's why we're still a Monarchy, why
               | there's still bishops and hereditaries in the House of
               | Lords, etc. Basically, there's a culture of
               | incrementalism. Because if you don't have the inertia,
               | you appear to lack legitimacy, it's just a gimmick.
               | 
               | 4. And on the heels of that, I think Parliamentarians
               | have an occupational understanding of the adage "With
               | great power comes great responsibility."
               | 
               | 5. The Civil Service, while ostensibly neutral, tends to
               | resign when asked to do anything believed to be damaging
               | to the country.
               | 
               | All of this put together (and probably more than I
               | haven't thought of) means that MPs understand that they
               | could do great damage, and so they restrain themselves.
               | 
               | Contrast this with other countries with difficult systems
               | where politicians stir up the passions of their
               | constituents by naming their systemic limitations, "I
               | would love to do X, but I can't because Y prevents me." A
               | somewhat related example would be abortion in the US,
               | where after Roe v Wade was decided, many states became
               | soapboxes for anti-abortion rhetoric. It's a safe
               | rhetorical position: you can say what you like and then
               | blame the federal government for not being able to do it.
               | But then Roe v Wade was overturned and many of these
               | politicians and states have changed their tune, because
               | the power is now in their hands, they are now answerable
               | to their constituents on this matter. Not that it matters
               | given how much gerrymandering there is, but still, the
               | effect was noticeable.
        
             | OJFord wrote:
             | I see from your comment history you're British, so I don't
             | get why you describe this as surprising. There's the
             | Commons, Lords, and the King. Who or what else would be
             | creating or dissolving the court? Why would it be able to
             | overturn primary legislation that's received royal assent?
             | That would just be swapping things around so you'd be
             | saying 'fun fact about parliament, supreme court can...'
             | anyway, surely?
        
               | dmix wrote:
               | Not having a judicial body that is fully independent of
               | the legislative branch (parliament) and not being able to
               | strike down laws is interesting/surprising to me _shrug_.
               | I 've always liked the idea of strong judicial oversight.
               | But I guess without a strong constitution, where
               | parliaments laws can't be ruled unconstitutional, it
               | doesn't matter much... the public will be fully at the
               | whims of parliament.
        
               | throwaway2037 wrote:
               | > But I guess without a strong constitution
               | 
               | The UK doesn't have a written constitution. This is rare
               | amongst highly developed democracies. Also, to my
               | knowledge, most parliamentary systems don't have a final
               | court that can overturn laws passed by the parliament.
        
               | OJFord wrote:
               | Aren't US SC judges picked by the president? Can't he
               | override everything with pardons and executive orders
               | anyway? Can't the US constitution be, uh, amended?
        
               | dagw wrote:
               | _Aren 't US SC judges picked by the president?_
               | 
               | They're nominated by the president, but approved by the
               | Senate. There have been cases throughout history where a
               | nominated judge doesn't get through the approval process.
               | Of course when the president and the Senate are aligned
               | and in agreement this approval process is largely a
               | rubber stamp.
               | 
               |  _Can 't he override everything with pardons and
               | executive orders anyway?_
               | 
               | Not at all. Despite what it sometimes looks like, the
               | president's executive order powers are quite limited. But
               | again, if congress isn't willing to challenge the order
               | and the Supreme Court isn't willing to rule on it, these
               | limits are more theoretical.
               | 
               |  _Can 't the US constitution be, uh, amended?_
               | 
               | It can, but it is a slow and difficult process, requiring
               | 2/3 support of both the house and the senate, plus
               | support from 3/4 of the States. There have apparently
               | been over 10000 attempts to amend the constitution since
               | the founding, of which 27 have passed. Furthermore the
               | president has no power to suggest or approve
               | constitutional amendments.
               | 
               | Basically a president that doesn't have the support of
               | Congress and the Supreme Court has surprisingly little
               | power.
        
               | basisword wrote:
               | UK judicial oversight is actually pretty good. The
               | government at the time lost numerous important cases when
               | trying to implement Brexit. While Parliament can create
               | legislation to overrule the courts decisions it's not
               | typical and in the case of EU legislation they were stuck
               | because they couldn't easily change that. The UK does
               | have a strong constitution despite the fact it's not
               | codified. In my opinion the US Supreme Court is farcical
               | compared with the UK one. The fact it has lifetime
               | appointments and is accepted as politically biased
               | astounds me. NB: I know you didn't mention the US but
               | it's my only point of comparison.
        
               | Defletter wrote:
               | Well, the British system is particularly unique because
               | there is no formal Constitution, and thus we have no
               | Judicial Review for Constitutionality. There's a pretty
               | interesting talk about this here:
               | https://www.youtube.com/watch?v=YIlkY90Cck8
        
               | hnfong wrote:
               | This is basically a "the Emperor's new clothes" situation
               | where the UK's constitution can only be seen by smart and
               | educated people. (Yes, you have QCs [now KCs] saying
               | otherwise, but that's exactly my point.)
               | 
               | Face it, if the constitution is "whatever the prevailing
               | political elite class says it is", then you don't have a
               | constitution.
        
               | _benedict wrote:
               | I'm not sure how a written constitution that is anyway
               | interpreted by "the prevailing political elite class" is
               | functionally much different?
        
               | hnfong wrote:
               | At least there are words.
               | 
               | The Brits have nothing.
        
               | joshuaissac wrote:
               | > At least there are words.
               | 
               | > The Brits have nothing.
               | 
               | There are words in the British constitution as well. Acts
               | of Parliament that define how the Parliament and the
               | courts function are constitutional laws, such as the
               | Parliament Acts of 1911 & 1949 and the Constitutional
               | Reform Act 2005. If we are going by words, there are a
               | lot more words in these multiple constitutional documents
               | than in the constitutional documents of many countries
               | that only have one such document.
        
               | switch007 wrote:
               | I was speaking to the wider audience here
               | 
               | Our supreme court is different to the US supreme court
               | for example
        
         | ohgr wrote:
         | Apple will do it for the attention, PR and to hurt the idea
         | generally even if they lose. Mindshare and ire towards the
         | government are as strong as any legal judgement over time.
        
           | thaumasiotes wrote:
           | > Mindshare and ire towards the government are as strong as
           | any legal judgement over time.
           | 
           | Much stronger.
        
         | blitzar wrote:
         | It will be good to have a test of the legislation, the last
         | government spat out some horrifically written legislation, so
         | it might not even say what they think it says.
        
         | aeim wrote:
         | I wonder if this case will be dropped by the uk, now that it's
         | more clear that trump/ us gov serves (or is aligned with...)
         | russia
         | 
         | The global landscape has changed significantly since (last
         | week) this case began
        
       | Frederation wrote:
       | If Apple had the wherewithall, theyd give up on the UK and be
       | done with it. Should they not prevail legally. Pipe dream, I
       | know.
        
         | surgical_fire wrote:
         | I hope for the same. Likely not for the same reason as you, but
         | we are together in hoping.
        
         | nickthegreek wrote:
         | Isnt that their soft plan? They plan on just removing the
         | encryption for all UK users to make the point moot domestically
         | if this gambit doesnt bare fruit. If they want to continue to
         | push that they want it for all users globally, Apple can
         | attempt to leave the market fully.
         | 
         | Apple pulls data protection tool after UK government security
         | row (bbc.com) - 1769 points , 1105 comments
         | https://news.ycombinator.com/item?id=43128253
        
         | ohgr wrote:
         | I never get this perspective. Firstly we do give them a crap
         | load of revenue. Secondly it'd probably trash any of their non
         | US business almost immediately as people start looking for
         | contingency in case they pull out of other countries. Thirdly
         | they didn't pull out of China. And fourthly there are a lot of
         | Apple engineering staff here in the UK - it'd cripple them
         | because they won't move to the US.
         | 
         | They will comply with the law and make a lot of noise and not a
         | lot else.
        
           | wil421 wrote:
           | How can a company the size of Apple be crippled by employees
           | in the UK?
        
             | ohgr wrote:
             | Literally a large chunk of the ARM core team are in
             | Cambridge including most of the GPU folk and there are a
             | ton of infra and software team in a couple of other UK
             | locations.
             | 
             | On top of that, a big chunk of the follow the sun on call
             | engineering (SRE) are here that look after global infra and
             | most of the European support operation are in Northern
             | Ireland.
        
               | sureIy wrote:
               | Fruit Engineering Ltd. hires brits and contracts with
               | offshore Apple Inc. The former does not have the keys and
               | cannot be forced to do anything iCloud-side.
               | 
               | It's not like corporate doesn't know all the tricks
               | already. The only reason they need is whether the UK
               | market is worth the hassle. That's all.
        
           | theshackleford wrote:
           | Define a "crapload." My understanding is that it's actually a
           | number that could be walked away from.
        
             | ohgr wrote:
             | 8000 staff including very high level engineering and
             | technical.
        
               | theshackleford wrote:
               | Isn't that potentially devastating to the UK, not Apple
               | in the long run? Choosing to walk away from the market in
               | terms of supplying goods does not mean needing to walk
               | away from high level engineering staff.
               | 
               | Of course, you may mean these staff are only required to
               | service the UK market...but it sounds like you mean they
               | are valuable to Apple, at which point I am unsure as to
               | why they would not be retained/shifted as appropriate.
               | 
               | Also my apologies, I assumed revenue here. Also thank
               | you, I had not considered staffing, but it makes sense.
        
               | ohgr wrote:
               | Yes it's more critical staff. And it's more a cultural
               | thing. I know a couple of Apple folk and they will
               | definitely not relocate to retain the job. Especially in
               | the current political climate.
               | 
               | You don't actually need as much money to survive in the
               | UK as the US for example. So there isn't the motivator to
               | retain high level salaries other than luxury.
               | 
               | It would be "no thanks" and take a 30% cut to go and work
               | somewhere else.
        
           | pertymcpert wrote:
           | The Apple engineer staff can keep their jobs.
        
           | Lanolderen wrote:
           | The perspective is that if Apple bricks its devices for a
           | couple days in the UK the pitchforks will come out
           | considering they have the moral high ground and the better
           | marketing team to pitch it to the general population.
           | 
           | Whether it's good for a US corpo to interfere with the stable
           | 1984 progression of the UK is another issue. If I were in a
           | decision making position at Apple I wouldn't want to bother
           | with this either. Just take the easy marketing W and move on.
           | Maybe prepare a plan for market exit just in case they're not
           | satisfied with disabling encryption and demand a global
           | backdoor.
        
         | madeofpalk wrote:
         | What happens when Australia blocks this next? Then Japan? Then
         | Brazil? Then Sweden? Then the US?
        
           | autoexec wrote:
           | "What if every country on Earth violated everyone's rights"
           | isn't really much of an argument against standing up to
           | countries that try. If that actually happens then we're all
           | screwed anyway. Until it does actually happen, why roll over
           | and allow it to happen without even trying?
        
             | matthewdgreen wrote:
             | If Apple gives in, it will certainly happen in dozens of
             | countries. China alone would be a dealbreaker.
        
               | madeofpalk wrote:
               | Apple gave in to China years ago. Apple gave operation of
               | iCloud servers to a chinese company.
        
               | matthewdgreen wrote:
               | According to Apple, everything in their system still
               | works the same and they still have control of their own
               | hardware, even if it's in a Chinese data center. Systems
               | like iMessage are still fully end-to-end encrypted even
               | in China. Maybe they're lying but it would be a huge
               | opportunity for devastating leaks if that's true.
        
               | throwaway2037 wrote:
               | > Systems like iMessage are still fully end-to-end
               | encrypted even in China.
               | 
               | I do wonder about this. How can an authoritarian state
               | allow a (very!) large foreign corporation to operate an
               | important communications network without data
               | transparency to their domestic spy agency? I am not
               | normally a tin-foil-hatter, but I just assume that the
               | domestic spy agency has a copy of the private encryption
               | keys used for HTTPS/TLS. Then, Apple can continue to
               | advertise "end-to-end encrypted" (in Mainland China), but
               | the local spies can read the comms.
        
               | momo_hn2025 wrote:
               | The simplest answer to your question is "it exists" and
               | "iMessage isn't important," but instead, you chose to
               | write a whole fiction for your brain. If that's critical
               | thinking, I'd call it hallucination.
        
             | madeofpalk wrote:
             | See, I don't see just withdrawing from the country as
             | 'standing up to'. It's just giving up in a more disruptive
             | way, especially when It seems very likely to me that other
             | countries will start demanding the same.
             | 
             | Actually taking them to court and objecting seems more
             | productive to me.
        
               | autoexec wrote:
               | > I don't see just withdrawing from the country as
               | 'standing up to'. It's just giving up in a more
               | disruptive way...actually taking them to court and
               | objecting seems more productive to me.
               | 
               | "objecting" alone does nothing. Objecting + lawsuits or
               | objecting + withdrawing might accomplish something.
               | 
               | I'd agree that lawsuits are a good idea but they are also
               | entirely dependent on the courts (of the same country
               | that already wants to violate people's rights) to do the
               | right thing. If the lawsuit works and the government
               | forces the government to back off it's a good thing, but
               | if not a company keeps the power to take their technology
               | and leave. They can choose to do that regardless of what
               | the laws or courts of another country thinks.
               | 
               | Walking away might be seen as a company "giving up" on
               | the corrupt country that wants to violate people's
               | rights, but it's certainly not a company giving up on
               | their principles. A nation full of people angry that they
               | won't be able to get highly sought after products and
               | services can change policy too.
        
           | bigfatkitten wrote:
           | I wish this issue were playing out in Australia right now,
           | rather than the UK. It would be _hilarious_ to see Apple walk
           | out of the Australian market right before a federal election.
        
         | inglor_cz wrote:
         | I wish they placed a red warning on every phone instead: "Your
         | government is forcing us to weaken your security because it
         | wants to snoop on you."
         | 
         | One of the problems of digital surveillance is that is doesn't
         | feel intrusive, indeed it can be fully hidden from the users.
         | With a message like this displayed every time you unlock your
         | phone, plenty of people would start asking questions.
        
           | cakealert wrote:
           | > red warning on every phone instead
           | 
           | This is silly. The average consumer will just avoid Apple
           | products.
        
           | zimpenfish wrote:
           | > "Your government is forcing us to weaken your security
           | because it wants to snoop on you."
           | 
           | They're not allowed to actually tell you about the UKGOV
           | order. That's the point of it being a secret order.
        
             | genewitch wrote:
             | And yet
        
           | bigfatkitten wrote:
           | Apple can't discuss any of the details, but I'm sure they
           | could point their customers to a person who can.
           | 
           | "This feature is no longer available in the UK.
           | 
           | For further information, contact:
           | 
           | Mr Xxxxx Yyyyyy
           | 
           | UK Home Office
           | 
           | 02070 xxx xxx
           | 
           | xxxxx.yyyy@homeoffice.gsi.gov.uk"
        
             | jodrellblank wrote:
             | > Mr Xxxxx Yyyyyy
             | 
             | *Mrs
             | 
             | https://en.wikipedia.org/wiki/Home_Secretary
        
       | zzo38computer wrote:
       | I think that the people who want to use encryption should use
       | their own software for encryption, which is separate from the
       | cloud service. (This alone might not do, because you also need to
       | implement other security, but it will be one thing to do.)
        
         | tonetegeatinst wrote:
         | Remember software can be banned or regulated via export
         | control.
        
           | 14 wrote:
           | Exactly. Just like the pirate bay.
        
             | akimbostrawman wrote:
             | That ban seems to be incredibly toothless considering a
             | simple DNS/IP change can bypass it.
        
         | kjsingh wrote:
         | at least Apple should provide a way of inserting a module to
         | encrypt decrypt files. and say, we just store the bytes user
         | provide us.
        
           | dylan604 wrote:
           | This is the issue. If you encrypt your own, then the software
           | will not be able to use it as it's not a file it expects. So
           | all of the software that you want to use your encrypted files
           | will need to have this type of module.
           | 
           | At that point, I feel like we've opened pandora's box. If
           | every single app had to be able to decrypt/encrypt with your
           | personal key, we just know someone will roll their own and
           | fuck it up for everyone else.
        
             | hnlmorg wrote:
             | It depends on where you put that module.
             | 
             | In NT you can have modules that sit between various
             | operations on the file system. It's how AV works without
             | having to hook into every single application that reads and
             | writes from storage.
             | 
             | There's no technical reason why this kind of approach
             | couldn't be applied by Apple for encryption. But it would
             | require relinquishing some control over their platform, so
             | it would never happen.
        
           | immibis wrote:
           | Microsoft gets that excuse, because it lets you run anything
           | at all on your computer. Apple doesn't, because it only lets
           | you run things approved by Apple. Instead of "why did you
           | make this encryption system we can't break into? Trillion
           | dollar fine!" it'd be "why did you let XYZ Corp install this
           | encryption system we can't break into? Trillion dollar fine!"
        
         | Nevermark wrote:
         | You are suggesting people be able to insert an encryption
         | module into other services?
         | 
         | Or that everyone has to constantly manage a non-default set of
         | tools, and deal with all the interoperability issues of all the
         | mish-mashes of choices others make?
         | 
         | Or, ...?
         | 
         | Personally, I cannot see a safe online world that doesn't have
         | hard privacy.
         | 
         | Why not give people easy ways to report "very bad behavior"
         | online, to authorities that build up a reputation of responding
         | responsibly. Including bounties for the most egregious stuff.
         | 
         | Then every recipient of anything rotten becomes a honeypot for
         | the criminals.
         | 
         | Breaking everyone's privacy is going to attract every nefarious
         | and security conscious actor in the world to the buffet. Every
         | state actor, "good" or "bad" is going to want to have access to
         | everything that can theoretically be accessed. Worst possible
         | kind of honeypot.
        
         | HexPhantom wrote:
         | And this whole situation just reinforces the fact that relying
         | on a provider's encryption means trusting that they won't be
         | forced to weaken it later
        
       | 5kg wrote:
       | "In 2021: No (IPT) cases were found in favour of the
       | complainant":
       | https://en.wikipedia.org/wiki/Investigatory_Powers_Tribunal#...
        
         | bsimpson wrote:
         | This sounds like something Douglas Adams would have written
         | about.
        
       | gred wrote:
       | Good. Even if they lose, they should make as much noise as
       | possible before giving up on the UK market. Maybe it will start
       | to turn the tide of public perception.
        
         | HexPhantom wrote:
         | The more awareness there is, the harder it becomes for
         | governments to quietly erode encryption without pushback. If
         | nothing else, it might make other companies think twice before
         | rolling over.
        
       | 2-3-7-43-1807 wrote:
       | any qualified opinions here on tresorit? i'm using them now for
       | about three years and the service is alright and reliable afaiac.
       | supposedly they don't have the private key. that makes using it
       | sometimes a little slow compared to other options. but i decided
       | to go with them after reading numerous horror stories about
       | dropbox et al.
        
         | cantrecallmypwd wrote:
         | Was Tarsnap evaluated? Those behind it are well known and the
         | construction is simple and explained clearly. My general rule:
         | never make technology recommendations without throughly
         | vetting/testing multiple candidates and digging deep into
         | support, the company, and demoing close to intended use.
        
       | krunck wrote:
       | How do we know there are not back-doors already in Apple's cloud
       | storage (that the 5-eyes cult has access to)? This fight may just
       | be theater the goal of which is to legitimize the view that
       | Apple's cloud storage is secure and free from government
       | snooping.
       | 
       | Trust, then verify. No ability to verify? No trust.
        
         | matthewdgreen wrote:
         | This fight is about providing encryption to the masses. If you
         | want to use your own open source security solution, you should
         | definitely do that (really!). But you will be one of a small
         | number of people doing so. And a society where only a small
         | number of "wizards" have freedom isn't a free society at all.
         | 
         | I am very sympathetic to the idea that more components should
         | be open source, and Apple's systems should be much more open
         | (particularly backup.) But at the end of the day _if Apple is
         | compromised_ there is no open source solution that can save
         | you. They design the silicon.
        
           | seanw444 wrote:
           | Is the society that relies on everyone else to make the
           | decisions that serve their best interests free either?
        
             | knowknow wrote:
             | It's impossible to live without depending on other people's
             | decisions unless you live completely isolated. It's not
             | "free" but most people are fine sacrificing some freedom
             | for other gains. This has already been discussed for
             | centuries, see Thomas Hobbes and the social contract.
        
           | TheDong wrote:
           | > This fight is about providing encryption to the masses
           | 
           | If apple cared about providing encryption to the masses, ADP
           | would be enabled by default and you'd have to opt out of it.
           | 
           | As-is, all your messages, photos, and so on are backed up
           | unencrypted to apple's servers where they can read them at
           | will. End-to-end encryption is opt-in, and I doubt most "the
           | masses" even know a setting for that exists.
        
             | HnUser12 wrote:
             | >If apple cared about providing encryption to the masses,
             | ADP would be enabled by default and you'd have to opt out
             | of it.
             | 
             | Apple is also a company that needs to cater to its
             | customers. If they enabled ADP by default and customer
             | locks themselves out and goes to Apple, they want to be
             | able to help. ADP is intended for people who understand
             | what it is but nit savvy enough to run their own system.
        
               | protocolture wrote:
               | This is correct, apple has a very customer first support
               | culture which has a famous history of blowing up in their
               | faces.
               | 
               | Internal metrics for support teams are almost entirely
               | customer satisfaction focused, which built a culture of
               | getting a result for the customer at all costs, which was
               | very exploitable by social engineering.
               | 
               | It doesnt surprise me that they dont want to let
               | customers encrypt and lose all their baby photos by
               | default.
        
               | TheDong wrote:
               | You can't have it both ways. Either you're providing
               | encryption to the masses, or you're not.
               | 
               | Providing encryption to the masses would in fact be
               | telling people who lost their phone, or forgot their
               | password "no, all your photos are gone forever, tough
               | luck. Also, you have to make a new apple account and re-
               | purchase all your apps".
        
               | sadeshmukh wrote:
               | You must have a different definition of "providing"
               | because offering a service is definitely providing it.
               | Apple makes "smart" devices that do what people want them
               | to, and encryption is second to that. I think it's a fair
               | compromise to have it easily available but not default.
        
             | matthewdgreen wrote:
             | I didn't say it was Apple fighting. I'm referring to the
             | broader fight. Getting Apple to deploy encryption by
             | default is one outcome I'd like us to fight for. But if we
             | give up and start poo-pooing Apple's encryption because
             | it's not pure enough, that fight is over.
        
         | cpa wrote:
         | I understand that's not your point, but the government is a
         | massive entity: it's entirely possible that the intelligence
         | community has capabilities that wouldn't be admissible in court
         | and therefore are of limited use to law enforcement. Or that
         | they might be unwilling to share them with law enforcement.
        
         | makeitdouble wrote:
         | "Trust but verify" was political double speak from the start,
         | it's fascinating how it still lives on for so long.
         | 
         | And yes, we shouldn't put trust in corporations in the first
         | place.
        
           | wizzwizz4 wrote:
           | "Trust but verify" is a description of speculative execution.
        
         | protocolture wrote:
         | Yeah its a concern of mine.
         | 
         | Australia introduced the concept of these laws with the Access
         | and Assistance bill. The politicians were adamant it was
         | necessary, however there were so many potential users of the
         | system (Politicians, police, spy agencies) it never made a lot
         | of sense.
         | 
         | Fast forward a few years and ASIO gave a press conference where
         | they admitted to only having used the powers under the bill
         | twice. Which makes me concerned about who the bill was for and
         | what it has been used for. Unlike the British version, any
         | public information release leads to instant jail time, and it
         | was unclear whether this extended to briefing legal counsel.
         | 
         | I feel like, if the 5 eyes wanted to breach iCloud they would
         | use Australia rather than Britain where it can be publicly
         | contested like this.
        
         | dwaite wrote:
         | Partly because they document the doors which are there for LE :
         | https://www.apple.com/legal/privacy/law-enforcement-guidelin...
         | 
         | They also switched a few years back to provide signed firmwares
         | rather than encrypted firmwares to ease independent
         | verification, and have the Apple Security Research Device
         | program to do runtime exploration with certain security walls
         | turned off. (Supposedly creating these devices requires a
         | partial factory retooling)
         | 
         | Apple also only has per-device global builds, rather than
         | regional builds which might obscure requested features. My
         | understanding is that they take transparency measures to make
         | sure it can be detected if a firmware was released out-of-
         | stream, and anonymity measures to prevent targeting a specific
         | device with a custom firmware.
         | 
         | The Secure Enclave also requires the device passcode as part of
         | an approval process for installing new device/enclave firmware;
         | the underlying OS and security enclave are not meant to have
         | the capability of being transparently updated/modified.
        
         | willtemperley wrote:
         | We can never truly verify, because there is no such thing as
         | perfect security [1].
         | 
         | However there is "Deterrence through Accountability. We can
         | attempt to legally prosecute the attackers" [1].
         | 
         | That is what is happening here. The attackers are being
         | prosecuted.
         | 
         | [1]
         | https://www.cs.cornell.edu/courses/cs5430/2017sp/l/03-princi...
        
         | cantrecallmypwd wrote:
         | We more need FOSS (and supply chain) hardware, software, and
         | (distributed) cloud platforms with encrypted all at rest and
         | in-flight with zero knowledge storage (minus specific private
         | keys and offline authoritative key locations, of course). The
         | problem, of course, is the main platforms are ultimately owned
         | by single point-of-failure (SPoF) corporations that can be
         | leaned on, banned, or raided. This would require immense,
         | deliberate investment to avoid compromise/slowly replace closed
         | choices and to avoid supply chain attacks. And then,
         | ultimately, it requires a socio-political bargain to decide
         | whom to trust and why, such as, based on interests and
         | leadership team.
        
         | HexPhantom wrote:
         | Agree, blind trust in any big tech company is naive. But if
         | Apple already had hidden backdoors, why would the UK government
         | be pushing so hard for one now?
        
       | Cypher wrote:
       | Apple should be celebrating Stammer for his proud tradition of
       | freespeech not taking him to court.
        
       | muscomposter wrote:
       | smells like PR/marketing
        
         | volemo wrote:
         | Sure, but it's the only thing they really can do in the
         | situation, i.e. cause as much stir as they can to hopefully
         | draw public attention to the matter.
        
       | sebastianconcpt wrote:
       | It's completely disgraceful what the U.K. is doing to freedom of
       | expression. Very happy to see Apple like this.
        
       | aucisson_masque wrote:
       | Until people start to really feel what losing privacy mean,
       | nothing much will happen.
       | 
       | Right now, there is still a strong support in the UK for the
       | gouvernement crusade against encryption and overall ending of
       | privacy.
       | 
       | Because "why should I care, i have nothing to hide". It takes
       | time and tragedy for populationd to educate themselves on matter,
       | maybe in a few years or a decade the trend will invert.
       | 
       | Until then, there isn't much apple can do. They haven't the law
       | with them, they haven't the population with them, they got the
       | money but they aren't going to spend it on educating people.
       | 
       | Taking UK gouvernement to court is just the best they can do
       | right now, a big pr stunt, like a giant ad to say to the rest of
       | the world 'we care about your privacy, buy iphone'.
        
       | Brajeshwar wrote:
       | From a leadership personality angle, who do you think initiated
       | this brilliant marketing/messaging campaign -- sue a country
       | because "it infringes on human rights and Apple upholds it."
       | 
       | Do you think this kinds thing comes from someone in Marketing,
       | Legal, a C-Suite, or is this kind of thing a thing by community
       | at Apple? If it is the last, it would be brilliant to read that
       | protocol/process/flow.
        
         | relistan wrote:
         | I don't know, but it feels like the UK gave them the softest
         | pitch, straight over the plate, and all they had to do was hit
         | it. (Maybe a cricket metaphor would have been better)
        
           | relistan wrote:
           | People seem to be misinterpreting the above post. I was
           | referring to the UK giving Apple a great marketing
           | opportunity for their privacy stance.
        
       | mproud wrote:
       | Fuck the UK government
        
       | ipv6ipv4 wrote:
       | I've been wondering. What would happen if Tim Cook personally
       | 'leaked' the notice on twitter?
       | 
       | How would the UK government reasonably sanction Apple?
        
         | genewitch wrote:
         | Force cell carriers to block imei of apple handsets
        
           | volemo wrote:
           | That surely wouldn't sit well with the public?
        
             | ForTheKidz wrote:
             | I'm fairly certain this would impact a large part of the
             | government itself.
        
         | harry8 wrote:
         | Why would the UK government limit itself to being reasonable?
         | 
         | I can imagine most CEOs pausing before picking a fight with the
         | intelligence services.
        
       | okasaki wrote:
       | Imagine a Chinese company sued a Westoid nation over some
       | national security feature.
       | 
       | HN would be calling for world war.
        
       | HexPhantom wrote:
       | The "only used in exceptional cases" argument is the same tired
       | line every government uses before mass surveillance becomes the
       | norm. Once a backdoor exists, it's not just "good guys" using it;
       | it's an open invitation for abuse.
        
         | cedilla wrote:
         | It also always lead to the same downward spiral of prosecutors
         | complaining that the data they need to investigate drug trade
         | is right there, but they can only access it for terrorism
         | reasons, so why not add drug trade to the list of exceptions.
         | Repeat with homicide, then fraud, all the way down to traffic
         | infractions.
        
         | Cu3PO42 wrote:
         | Indeed. During the pandemic, restaurants in Germany were
         | required to track customer's information including addresses,
         | so people could be informed in case of a confirmed CoViD
         | infection of another customer who was there at the same time.
         | Of course, this information was never to be used for any other
         | purpose whatsoever.
         | 
         | In one case, however, there was a capital crime near a
         | restaurant (or similar venue) and police and prosecutor used
         | this information illegally to track down witnesses. They were
         | sued after the fact and lost, but got nothing more than a slap
         | on the wrist.
         | 
         | Once information is available, it will be used for purposes
         | other than the intended one, even by the "good guys".
        
           | HPsquared wrote:
           | Better to simply not collect the data in the first place.
           | It's like the hierarchy of controls used in risk management,
           | from most to least effective:
           | 
           | - Elimination - physically remove the hazard
           | 
           | - Substitution - replace the hazard
           | 
           | - Engineering controls - isolate people from the hazard
           | 
           | - Administrative controls - change the way people work
           | 
           | - PPE - protect the worker with equipment
           | 
           | Only with hazardous data, or things like moral hazards rather
           | than physical hazards.
        
             | moring wrote:
             | Offtopic, but do you know some good sources to read on that
             | matter?
        
               | 3D30497420 wrote:
               | Here's a nice OSHA doc on this: https://www.osha.gov/site
               | s/default/files/Hierarchy_of_Contro...
               | 
               | Might want to save it locally though.
        
               | Y_Y wrote:
               | > Might want to save it locally though.
               | 
               | The real hazard is the infohazard of knowing how to deal
               | with hazards. Hopefully some genius will eliminate it and
               | increase efficiency.
        
               | DrillShopper wrote:
               | Oh is it being done by the same genius that built
               | electric cars with no way to get out of the back when the
               | power is out so if there's a fire and you're in the back
               | you'll burn to death?
        
               | sitkack wrote:
               | I used the following query in your favorite ai powered
               | search engine, "what knowledge would I need to able to
               | make an intelligent post similar to <insert above
               | comment>, please give me some high quality reading
               | sources"
               | 
               | https://en.wikipedia.org/wiki/Hierarchy_of_hazard_control
               | s
               | 
               | https://en.wikipedia.org/wiki/Data_minimization
               | 
               | https://www.ccohs.ca/oshanswers/hsprograms/hazard/hierarc
               | hy_...
               | 
               | https://epic.org/data-minimization-is-the-key-to-a-
               | meaningfu...
               | 
               | I won't shovel the rest in here, but this is a good
               | start.
        
               | andrepd wrote:
               | Damn, you used an LLM to tell you that to learn more
               | about "hierarchy of hazard controls" you should google
               | "hierarchy if hazard controls" :) Truly a revolutionary
               | technology!
        
               | sitkack wrote:
               | You don't know what you don't know! Did I open myself to
               | a sweet hindsight bias attack, luckily my saving throw
               | worked. I used a search engine in a high dimensional
               | space, not a fax machine.
        
           | FirmwareBurner wrote:
           | _> restaurants in Germany were required to track customer's
           | information including addresses_
           | 
           | Ironic they went along with this considering how chest-
           | pumping Germans are about their government being all about
           | protecting their citizens' "privacy".
           | 
           |  _> They were sued after the fact and lost, but got nothing
           | more than a slap on the wrist._
           | 
           | Government workers don't care about doing a good job since if
           | they break the rules they won't get fired and the fines are
           | not paid from their pockets but from the taxpayers pockets
           | anyway so there's no incentive to be competent at your job.
        
             | brookst wrote:
             | It's always a mistake to generalize about a population as
             | large as "employees of the German government".
             | 
             | Some people are meticulous about their jobs. Some are not.
             | Both types are present in any large organization.
        
             | Cu3PO42 wrote:
             | I'm not really all that surprised. Public opinion is easily
             | swayed with good marketing.
             | 
             | The government mandated contact tracing, but not how it was
             | to be implemented. There was a publicly developed open-
             | source app for contact tracing that was perfectly privacy
             | preserving.
             | 
             | Unfortunately, many restaurants instead used a commercial
             | solution that was none of these things. What it did have
             | was support from a mildly famous German musician and great
             | lobbying. Most people didn't care, they just wanted to go
             | to the restaurant.
        
           | calmoo wrote:
           | I remember reading a similar story in Ireland on Reddit,
           | where a guy started receiving newsletters and advertising
           | texts that he only ate at once during the pandemic. Turns out
           | the restaurant were using the contact details for Covid
           | tracking for advertising purposes... diabolical stuff.
        
             | bayindirh wrote:
             | I visited US once, for a week. I went through an E-ZPass
             | controlled interstate once _as a passenger_ , and gave no
             | e-mails to anyone.
             | 
             | Yet, I received "Pending E-ZPass payment" scam _for a
             | year_.
             | 
             | I have no further comments.
        
               | c0wb0yc0d3r wrote:
               | So how do you think the connection was made?
               | 
               | The best I can think was your location data was sold by a
               | company behind one of the apps on your phone.
        
               | bayindirh wrote:
               | They might have correlated my shopping data plus with my
               | location (the state/shop I'm in), and possibly went from
               | there.
               | 
               | Some of my phone apps might have betrayed to me, too, but
               | I have no idea what I had installed at that time.
        
               | ctrlp wrote:
               | Possibly sold by an insider through unofficial channels?
        
               | gruez wrote:
               | >I went through an E-ZPass controlled interstate once as
               | a passenger
               | 
               | >Yet, I received "Pending E-ZPass payment" scam for a
               | year.
               | 
               | I think you're overestimating how precise scammers'
               | targeting are. They're playing a numbers game, so they're
               | going to spam every who might have used ezpass, not
               | carefully curate their spam list by buying real time
               | location data from data brokers. I received phishing
               | texts for banks that I don't have accounts for, so next
               | time I get a phishing text for a bank that I do use, I'm
               | not going to think my bank got breached.
        
               | bayindirh wrote:
               | I think it's in the middle.
               | 
               | I travel a lot due to work. Generally the destinations
               | are the same, but a new country is added now and then.
               | When I go there and come back, I also start to get spam
               | in that country's language.
               | 
               | I currently have English, Spanish, Dutch and Italian spam
               | regularly in my mailboxes. They all started after I
               | visited respected countries, and continue since I still
               | visit them semi-regularly.
               | 
               | That E-ZPass spam started right after I returned from US,
               | continued for a year, ceased and didn't return.
               | 
               | Spammers have better targeting tools than we know.
        
               | gruez wrote:
               | >I currently have English, Spanish, Dutch and Italian
               | spam regularly in my mailboxes. They all started after I
               | visited respected countries, and continue since I still
               | visit them semi-regularly.
               | 
               | It's far more likely your email addresses are getting
               | leaked by airlines/hotels (or basically anyone you gave
               | your email to during your travel) than random apps
               | selling your location to data brokers, data brokers being
               | competent enough link those locations back to your email,
               | but somehow too incompetent to know that being in France
               | for a month doesn't mean you're interested in buying
               | French car insurance. The latter isn't impossible, but
               | occam's razor says we should favor the more
               | straightforward explanation.
        
               | bayindirh wrote:
               | The kicker? The e-mail address I give to the hotels
               | doesn't get that spam. My other, personal, e-mail address
               | gets them. A specific one.
               | 
               | And no, I don't get car insurance scam. I get generally
               | faster ones, like "you have a package" types...
               | 
               | The rabbit hole is _a bit_ deeper to summarize with a #8,
               | Solingen made Occam 's razor.
        
           | manojlds wrote:
           | > was a capital crime
           | 
           | > track down witnesses
           | 
           | Am I too naive that I think that's a worthy use of that
           | information?
        
             | quest88 wrote:
             | I'd agree that is a good case. But I'd still object to this
             | tracking. It's a slippery slope. Who determines what is
             | worthy?
             | 
             | We might like one government administration and highly
             | expect them to respect the privacy. But what about the next
             | administration? We've just seen Trump say he will withhold
             | funding for universities with "illegal protests". I'd fully
             | expect his administration to abuse this tracking, in the
             | name of law and order.
        
               | andrepd wrote:
               | > It's a slippery slope. Who determines what is worthy?
               | 
               | Who determines if a wiretap is worthy? Or a search and
               | seizure? Or a simple arrest?
               | 
               | We have an answer for this, it's called Law and an
               | independent judiciary.
        
               | quest88 wrote:
               | You're right in theory but history shows us it's not
               | black and white and rarely has an effect after the fact.
        
             | Cu3PO42 wrote:
             | It probably was. It was also illegal. As much as you, I, or
             | even public opinion may agree that something is right, we
             | can't have public servants knowingly violate the law when
             | it is convenient. To accept that would be to forfeit many
             | of your liberties.
        
             | andrewinardeer wrote:
             | In my state the law said that this checking information
             | could only be used for contact tracing. So when the law
             | says this and the cops drive over it in in a bulldozer,
             | it's a bit shit.
             | 
             | That said, in my state the cops recruited and flipped a
             | criminal lawyer who then back doored her high profile
             | clients and gave confidential and privileged information to
             | them them in order to build cases.
        
           | andrepd wrote:
           | Well. That's actually a good example. Because contact tracing
           | can (and was) implemented in a completely anonymous way, at a
           | technical level, storing no personally identifiable
           | information.
           | 
           | You can do this, just like you can do e.g. video
           | surveillance, in a secure and privacy-respecting way. There
           | is just no political will.
        
         | zombot wrote:
         | > it's an open invitation for abuse.
         | 
         | And I refuse to believe that the politicians behind that
         | travesty don't know that.
         | 
         | Also, if you already go to prison for not handing over your
         | decryption keys when asked, the one purpose left for a backdoor
         | can only be criminal abuse.
        
         | glonq wrote:
         | I once naively believed that us "good guys" have little to fear
         | or to lose by yielding a little privacy for the greater good.
         | Then I grew up and realized that governments routinely fail to
         | wield such power responsibly.
        
           | 3D30497420 wrote:
           | And even if the current government does wield such power
           | more-or-less responsibly, the next one may not.
        
         | BiteCode_dev wrote:
         | The patriot act stayed in place 3 times longer than initially
         | said.
         | 
         | It removed the habeas corpus for 15 years.
        
       | lucasRW wrote:
       | How do you guys interpret the fact that the UK hasn't requested
       | such backdoors for Android-based stuff ? Ie. is this an
       | indication that they already have such thing ?
       | 
       | The UK "laws" are extremely evil when it comes to violating basic
       | rights, they can essentially force companies to shut up, "gagging
       | orders", etc...
        
         | miav wrote:
         | This is about end-to-end encryption. Google doesn't do that.
        
           | hu3 wrote:
           | Where did you hear that?
           | 
           | A quick search tells me google does end-to-end encryption
           | since at least 2021 [1].
           | 
           | https://www.androidcentral.com/how-googles-backup-
           | encryption...
        
       | neycoda wrote:
       | Government backdoors to devices not only allow governments to
       | manipulate their people in domineering ways, but make it easier
       | for hackers to steal form users. This will always be true.
        
       | whywhywhywhy wrote:
       | Honestly think they should just disable all iPhone functionality
       | but phone calls and the politicians will fold within hours.
       | 
       | End of the day people love their devices more than their rulers
       | and it's a tangible way to action citizens who would normally
       | sleep though this into having their privacy protected.
        
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