Legal

Recording an iPhone call

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This is a simple way to record a call. Are there laws against recording a call without someone’s knowledge? Now updated with a link to a legal guide.

Legally forcing someone to use their finger to unlock their phone

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The LA Times:

Authorities obtained a search warrant compelling the girlfriend of an alleged Armenian gang member to press her finger against an iPhone that had been seized from a Glendale home. The phone contained Apple’s fingerprint identification system for unlocking, and prosecutors wanted access to the data inside it.

Google accused of enabling photography piracy

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Time:

Photography company Getty Images is accusing Google of scraping images from third party websites and encouraging piracy, adding a new wrinkle to the Mountain View, Calif.’s ongoing legal battles in Europe.

FBI agrees to unlock iPhone, iPod in Arkansas homicide case

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Claudia Lauer, writing for the Associated Press:

The FBI agreed Wednesday to help an Arkansas prosecutor unlock an iPhone and iPod belonging to two teenagers accused of killing a couple, just days after the federal agency announced it had gained access to an iPhone linked to the gunman in a mass shooting in California.

Official: Justice Department to withdraw legal action against Apple

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Kevin Johnson, USA Today:

The Justice Department is expected to withdraw from its legal action against Apple Inc., as soon as today, as an outside method to bypass the locking function of a San Bernardino terrorist’s phone has proved successful, a federal law enforcement official said Monday.

Bipartisan encryption back-door legislation proposal starts circulating in the Senate

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The rumored back-door legislation from the Senate Intelligence Committee has now surfaced. From Reuters:

A bipartisan group of U.S. senators has begun circulating long-awaited draft legislation that would give federal judges clear authority to order technology companies like Apple to help law enforcement officials access encrypted data, according to sources familiar with the discussions.

The law is clear: The FBI cannot make Apple rewrite its OS

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Susan Crawford is a Harvard Law Professor and was President Barack Obama’s Special Assistant for Science, Technology, and Innovation Policy. She lays out exactly why the FBI is wrong in its full court press against Apple.

The rules for Tuesday’s Apple, FBI court hearing are posted

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To address the limited space available in the Riverside federal courthouse, as well as other logistical issues, the court has posted a set of what they call Order Setting Procedures.

The main rules are listed in the post, including the one about recording devices.

Apple’s reply to the FBI

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Technically, the brief Apple filed yesterday is in support of their motion to vacate the FBI’s requested court order. It’s the latest salvo in the back and forth. The post contains some important highlights from the brief as well as a brilliant quote from the conclusion.

Apple celeb photo hacking case: Pennsylvania man charged

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From the Department of Justice web site:

A Pennsylvania man was charged today with felony computer hacking related to a phishing scheme that gave him illegal access to over 100 Apple and Google e-mail accounts, including those belonging to members of the entertainment industry in Los Angeles.

Now we know the cost of that particular type of crime.

Apple vs FBI has become a national debate

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The New York Times:

“It’s an in-your-face proposition for lots more Americans than the Snowden revelation was,” said Lee Rainie, director of Internet, science and technology research at Pew Research Center.

Terrific piece. This is a rare policy story that is emerging as national water cooler conversation.

Manhattan DA Cyrus Vance lays out his side of the FBI vs Apple argument

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Manhattan DA Cyrus Vance was one of the witnesses who testified before the House Judiciary Committee last week (you can read details of that hearing, taking the side of the FBI.

Yesterday, Vance went on TV to lay out his case on Fox News’ Mornings with Maria. Vance does a solid job laying out his argument and is well worth watching.

Some thoughts on this.

Apple and the UK’s Investigatory Powers Bill

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The Eclectic Light Company:

The UK government, ignoring almost all the expert technical and legal advice put to it, is pressing ahead with its draconian Investigatory Powers Bill, due to undergo its second reading in the House of Commons in a week’s time. Let us suppose that this Bill, as currently before Parliament, were to come into force as it stands, becoming the Investigatory Powers Act 2016 (IPA).

Read on to see how this affects everyone, even those beyond the borders of the United Kingdom.

Apple lawyer: “There is no middle ground”

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Tedd Olson, a partner at Gibson, Dunn, and Crutcher, a primary outside counsel in Apple’s battle with the FBI, spoke with Bloomberg Business about the hearings and comments made by the ex-head of the NSA. A fascinating take.

France could fine Apple €1m unless it hacks smartphones

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The Local France:

On Monday, French Socialist MP Yann Galut proposed an amendment to French law that – if passed – would see the US companies punished if they didn’t give French officials backdoor access to terrorists’ phones.

They miss the point. Read the post.