Hey, let's link to the actual document in question! What a novel concept!
http://www.apple.com/legal/mor...
Good news:
- Apple cannot track a phone via GPS, nor forcibly enable Find My Friends/Find my iPhone
- Apple cannot monitor FaceTime or iMessage conversations since they are end-to-end encrypted
- Apple cannot provide third-party app data that is encrypted since the files are encrypted with the user's passcode.
- It appears if the user does a remote wipe before law enforcement can get a warrant and ship the phone to Apple (or fly it there), then there is nothing that can be done. I wonder if they power up the device in an anechoic chamber so it can't receive the remote wipe signal? I would guess no because most people aren't smart enough to do an immediate wipe.
- We already knew the only trick they have as far as encrypted files goes is a custom firmware that bypasses the max attempt auto-erase and rate limit feature, so it can attempt to brute-force passcodes quickly. However it requires the attempt be made on-device, since the keys are stored in the secure storage with no facility to get them off-device. So even a moderately complex passcode is effectively unbreakable, let alone a good strong password.
Questionable:
- user generated active files (this is what SMS/call logs/photos/etc are listed under). Normally if a device is powered off and rebooted, I was under the impression that these things were not available because the files are encrypted. It seems that iMessage is at least encrypted here, but I would be curious to find out what the situation is. Everything except photos, videos, and recordings is a moot point because you can get stuff like SMS history and call logs from the carrier anyway so those are the only ones I'd be concerned about.
There are some definite good points here - Apple has chosen not to build themselves backdoors or workarounds, presumably because they can't be ordered to disclose information they don't have access to... same reason they built iMessage the way they did. A court would have to order them to refactor their software before it could order them to intercept messages, and at least in the US there is no precedent or law that can compel them to do so.
However I would expect the âoeuser generated active filesâ to be encrypted after a device reboot until the passcode is entered. If that is not the case, Apple should fix it pronto.
I would also expect Apple to refactor the storage of those things to be segmented, given the NSA revelations and increasingly authoritarian behavior of law enforcement; for example, photos pending background upload could be kept unencrypted, but once uploaded they should be rewritten as encrypted so they require the passcode to access. They already have the ephemeral key tech and per-file key support so you can generate a key for the unencrypted file while the device is unlocked, then toss the passcode key when the device locks and only hold onto the file key until the upload is finished, then toss it. Thus no risk to the main key but you can still encrypt the file in the background.
I won't bother discussing Android phones - they are almost all trivial to break and access all the user's data, when people like Samsung aren't coding back doors directly into the firmware.