
Google, Microsoft, and other tech giants file legal briefs in support of Apple - github-cat
http://www.theverge.com/2016/3/3/11156704/apple-fbi-amicus-briefs-iphone-encryption-fight
======
dang
[https://news.ycombinator.com/item?id=11217752](https://news.ycombinator.com/item?id=11217752)

------
revscat
At this moment, it appears that the politics of the situation are shifting
away from the FBI seeing a victory. Apple, Google, and other tech companies
(AT&T excluded) are strongly opposed to the DOJ's interpretation of All Writs.
Based on last week's hearings, Congress is either opposed or lukewarm (at
best) to broadly interpreting it. And last week saw Ornstein's ruling come
down pretty strongly against the government.

There may be new laws that eventually come out as a result of this, but for
now I think smart money would be on betting against the FBI coming out on top
in their current attempts to force Apple to unlock the San Bernadino
murderer's iPhone 5.

It's a pleasant surprise to note that on this matter the system seems to be
working.

~~~
WhoBeI
In Brooklyn US Magistrate Judge James Orenstein was asked to issue an AWA to
force Apple to break an iPhone password. He writes:

"It is thus clear that the government is relying on the AWA as a source of
authority that is legislative in every meaningful way: something that can be
cited as a basis for getting the relief it seeks in case after case without
any need for adjudication of the particular circumstances of an individual
case."[1][2]

Hopefully the Californian courts will agree.

[1] [http://uk.businessinsider.com/brooklyn-judge-shreds-all-
writ...](http://uk.businessinsider.com/brooklyn-judge-shreds-all-writs-
act-2016-3?r=US&IR=T)

[2]
[https://www.eff.org/files/2016/02/29/applebrooklyn-2.29.16or...](https://www.eff.org/files/2016/02/29/applebrooklyn-2.29.16order.pdf)

------
Eingyi
I'm disappointed that BlackBerry isn't part of this but I think John Chen made
it clear where he stands in this debate.

From a December article:

"Chen insinuated that if a Blackberry phone was at issue in the case Ars wrote
about, he would comply with the search warrant."

[http://arstechnica.com/tech-policy/2015/12/blackberry-ceo-
sa...](http://arstechnica.com/tech-policy/2015/12/blackberry-ceo-says-apple-
has-gone-to-dark-place-with-pro-privacy-stance/)

~~~
Gorbzel
Research in (Moral) Bankruptcy.

------
github-cat
Have you noticed that IBM is missing here. Here is a question posted as well
at [http://www.pixelstech.net/topic/140-Why-doesn-t-IBM-file-
leg...](http://www.pixelstech.net/topic/140-Why-doesn-t-IBM-file-legal-brief-
in-support-of-Apple)

~~~
dogma1138
Probably because IBM isn't really in the consumer market, they focus on
research and enterprise so they don't have as much skin in the game.

This isn't about what's right or wrong, Google, MSFT, and Facebook have the
most to lose if the USG can compel them to intentionally reverse any security
improvements they implement both in terms of operational overhead costs and in
actual loss of customers as they would be more likely to migrate to other
services that are either non-US based or those who haven't been squeezed yet
by the USG.

This is going to be a game of domino's the 1st one to fall will set a
precedent that then could be easily used in any court and if Apple falls,
MSFT, Google and Facebook will quite likely be affected while IBM probably
wont.

------
at-fates-hands
the ironic part is Google's well documented relationships with the CIA and the
NSA.

This is a little like them agreeing with Apple while making backroom deals
with the government. Not exactly a vote of confidence in my mind.

~~~
hellbanner
Yes, this is for show. I've seen a number of HN posts say things like "But
they wouldn't dare co-operate in secret, think of the snafu -- someone would
leak it!"

...

when that "someone" inside a big tech company is making 6 figure salaries and
living comfortably and potential legal destruction from publicising even
further "secret cooperation"

Money talks, no one wants to be a martyr.

~~~
mfoy_
>Money talks, no one wants to be a martyr.

Snowden

~~~
CaptSpify
He was pretty rare. How many people have a cushy job doing what he did, and
knew what he knew, yet didn't follow in his footsteps?

------
Grishnakh
Well crap, I guess I have to support the FBI here, since Microsoft opposes
their stance.

~~~
Grishnakh
Geez, this site seems to be full of humorless people (or Microsoft fanboys).
This is supposed to be a joke, people.

