Read The Times Australia

Daily Bulletin

Technolog: Lawyers argue phone encryption helps criminals and blame Apple and Google

  • Written by: The Conversation
imagePrivacystevepb/pixabay

Three lawyers and a police commissioner from the US, France, England and Spain have used an opinion piece in the NY Times to hold Apple and Google to account for providing their customers with unbreakable encryption of their mobile devices.

Cyrus R. Vance Jr. (Manhattan District Attorney), François Molins (Paris Chief Prosecutor), Adrian Leppard (Commissioner of the City of London Police) and Javier Zaragoza (Chief Prosecutor of the High Court of Spain) have argued that the inability of law enforcement to access a user’s phone has, in their view, been directly responsible for disrupting investigations. They cite that in the 9 months to June of this year, 74 iPhones running iOS 8 could not be accessed by investigators in Manhattan and that this affected investigations that included “the attempted murder of three individuals, the repeated sexual abuse of a child, a continuing sex trafficking ring and numerous assaults and robberies”.

They claim that encrypting the phones provides no security for the customer against the type of wide-net surveillance carried out by the NSA, nor would it prevent “institutional data breaches or malware”.

How the authors of this piece could be so confident that the investigations they give as examples would have had different outcomes with access to the phones is not clear.

What is abundantly clear however, is that the encryption of these devices did exactly what it was supposed to do, it stopped someone other than the owner of the phone from gaining access to the contents. The authors didn’t mention the fact that this alone prevents criminals from accessing the content of the phone if it is stolen or lost. Given that 3 million phones were stolen in the US in 2013 and that the majority of people would go to extreme lengths to recover the data on their lost devices.

The opinion piece goes on to declare the benefits “marginal” and the consequences to law enforcement is the inability to guarantee the “safety of our communities”.

The lobbying by senior law enforcement officials in the press against the use of encryption is becoming a common occurrence. The NY Times piece follows FBI Director James Comey’s declaration that unstoppable terrorism was the consequence of allowing encryption to be used by consumers.

All of the rhetoric used in these arguments make so many leaps of faith as to undermine any credibility in their claims. The suggestion for example that criminals/terrorists would not seek to cover their tracks in their phone use, or execute care over what incriminating evidence they kept on their phones is not realistic. The further suggestion that any evidence that the phone itself revealed would be critical in an investigation is likewise, suspect.

Remember that police still have access to phone records, and also to all data communication carried out through the device. Both France and the UK have enacted extensive data retention laws. The police can also continue to get access to cloud services used by the phone’s owner, also social media and location data, and a host of other information leaked through the use of the device that continues to be unprotected in the same way as the device itself.

Perhaps this is really what is being fought over? The obvious next step in consumer privacy which is putting the encryption of all cloud-based resources in the hands of the consumer so that companies like Google, Apple and Microsoft are unable to hand over information to Government security and law enforcement agencies.

The Internet Architecture Board, a committee of industry, academic and government specialists concerned with the functioning of the Internet has declared that they “strongly encourage developers to include encryption in their implementations, and to make them encrypted by default.”

Ultimately, it will be society as a whole that determines the appropriate balance of privacy against the wishes of governments and agencies to surveil-at-will. The rights to privacy are stated in the Universal Declaration of Human Rights and it will take more than the alleged inconvenience it causes legal officials to give up those rights.

Authors: The Conversation

Read more http://theconversation.com/technolog-lawyers-argue-phone-encryption-helps-criminals-and-blame-apple-and-google-46114

Business News

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Why Every Workplace Should Take Emergency Preparedness Seriously

Emergency planning is one of those things many workplaces know they should think about, but it oft...

Why Clearer Communication Still Matters in a Digital-First Business

It’s never been easier for businesses to communicate, but that doesn’t mean they’re always communica...

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...