WEBVTT - TechStuff Classic: Apple vs the FBI

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<v Speaker 1>Welcome to tech Stuff, a production from iHeartRadio. Hey there,

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<v Speaker 1>and welcome to tech Stuff. I'm your host, Jonathan Strickland.

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<v Speaker 1>I'm an executive producer with iHeartRadio and How the tech

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<v Speaker 1>Are Yet it is a Friday, which means it's time

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<v Speaker 1>for a classic episode of tech Stuff. This one is

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<v Speaker 1>titled Apple versus the FBI, and originally it published on

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<v Speaker 1>March second, twenty sixteen. This is sort of an ongoing

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<v Speaker 1>struggle between companies like Apple and various agencies because, as

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<v Speaker 1>we will hear in this episode, the FBI wanted ways

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<v Speaker 1>to be able to access locked iPhones that had been

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<v Speaker 1>recovered from say a suspect, and Apple is trying to

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<v Speaker 1>do its best to maintain consumer confidence by tecting their

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<v Speaker 1>data and their devices. We've heard similar things, which I'll

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<v Speaker 1>talk about more at the end of this episode, that

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<v Speaker 1>have involved other law enforcement agencies and investigative agencies here

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<v Speaker 1>in the United States. But first let's listen to this

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<v Speaker 1>classic episode from twenty sixteen. So we're gonna talk about

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<v Speaker 1>something that's actually we're gonna have to work very hard

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<v Speaker 1>for multiple reasons because we're talking about Apple versus the FBI.

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<v Speaker 1>The whole story that's unfolding as we record this, and

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<v Speaker 1>to talk about what is behind that case, what are

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<v Speaker 1>the implications, what is the FBI's argument, what is Apple's argument?

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<v Speaker 1>And in addition to that, we have, of course the

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<v Speaker 1>added responsibility of remembering that this is all centered around

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<v Speaker 1>a truly awful crime. Yes, absolutely so. The what we're

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<v Speaker 1>what we're talking about specifically hit inanstream news when Apple

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<v Speaker 1>did something that a lot of tech companies have never done.

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<v Speaker 1>They issued a blanket statement letter and went public. Yeah,

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<v Speaker 1>with they went public with a response to an FBI request.

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<v Speaker 1>But I guess I'm getting ahead of it. What was

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<v Speaker 1>the crime? Well, let's yeah, let's I'll give you the

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<v Speaker 1>background on what's happened and we'll build from there. So

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<v Speaker 1>first we have to look back on December second, twenty

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<v Speaker 1>fifteen in San Bernardino, California. That's in southern California, and

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<v Speaker 1>that's when two well an American citizen and a legal

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<v Speaker 1>resident husband wife team, both of Pakistani descent, committed a

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<v Speaker 1>mass shooting. It was a Sayed Rizwantharouk and tash Fen

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<v Speaker 1>Malik who committed this act, and it happened at the

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<v Speaker 1>Department of Public Health. They were having an event that

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<v Speaker 1>was starting off as a training event and then it

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<v Speaker 1>was supposed to transition into a holiday event. And after

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<v Speaker 1>the training element, Farouk, who was actually at the event,

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<v Speaker 1>he was in the employee of the Department of Public Health,

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<v Speaker 1>he was a food inspector, left, came back with his wife.

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<v Speaker 1>They were both heavily armed and they both started firing

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<v Speaker 1>into the crowd of people at the Department of Public Health.

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<v Speaker 1>Fourteen people were killed, twenty two injured. Very serious crime.

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<v Speaker 1>Then far and Malik left. They fled the scene. Turned

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<v Speaker 1>out they had also left behind an explosive device, which

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<v Speaker 1>thankfully did not detonate. Failed to detonate, and they fled

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<v Speaker 1>in a vehicle that they had rented a few days before,

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<v Speaker 1>and several hours later law enforcement tracked them down. There

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<v Speaker 1>was a confrontation, there was a shootout, and then both

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<v Speaker 1>of the shooters died as a result of that shootout.

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<v Speaker 1>The FBI has stated that they believed, based upon the

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<v Speaker 1>evidence they were able to find that the two were

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<v Speaker 1>acting on their own, that they were not part of

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<v Speaker 1>some sort of terrorist cell in the United States. However,

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<v Speaker 1>they can't be absolutely certain of that. That's where the

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<v Speaker 1>crux of this issue with Apple is going to come

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<v Speaker 1>into play, and the big part of it is they

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<v Speaker 1>can't account for it's just less than twenty minutes of

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<v Speaker 1>the activity that happened between the shooting or leading up

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<v Speaker 1>to the shooting, and around the shooting, because they're thinking

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<v Speaker 1>that there's a possibility that something that happened within that

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<v Speaker 1>time could give them more information and at least allow

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<v Speaker 1>them to confirm whether or not they truly acted on

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<v Speaker 1>their own or if they were under the direction of

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<v Speaker 1>some other group, which could potentially and this is an

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<v Speaker 1>FBI argument, which could potentially give the government the ability

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<v Speaker 1>to prevent a future attack. And more to that point,

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<v Speaker 1>neither of them had been listed in any database as

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<v Speaker 1>a potential threat, So that puts extra pressure on the government,

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<v Speaker 1>right because citizens say, well, why did this happen? The

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<v Speaker 1>government says, we followed procedure and neither of them registered

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<v Speaker 1>on any of our There were no red flags, so

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<v Speaker 1>we had no way of knowing. And that means there's

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<v Speaker 1>actual extra pressure on the FBI to investigate this thoroughly,

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<v Speaker 1>partially to show that in fact, everything that could be

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<v Speaker 1>done had been done short of taking some extreme step

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<v Speaker 1>that none of us want to see, right, the idea

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<v Speaker 1>of like, Okay, everyone of Pakistani descent has to leave

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<v Speaker 1>the country. That's ridiculous. We would that's that's returning to

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<v Speaker 1>an era of the United States history that we do

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<v Speaker 1>not want to revisit, a World War two internment camp situation. Yeah,

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<v Speaker 1>we don't want that. We don't want that because it

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<v Speaker 1>is never fair to lump innocent people in for or

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<v Speaker 1>that one of them might be guilty. That's not cool, right,

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<v Speaker 1>this is I'm already getting angry and i haven't even

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<v Speaker 1>gotten to the part about the apple stuff yet. I'm

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<v Speaker 1>going for a slow burned thing myself. That's fair. So

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<v Speaker 1>one of the thing that's that all of this is about,

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<v Speaker 1>ostensibly any at any rate, is an iPhone. It's specifically

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<v Speaker 1>an iPhone five C probably running iOS nine. That's based

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<v Speaker 1>upon the various public filings we've seen about this. And

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<v Speaker 1>it was county owned. It was owned by the Department

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<v Speaker 1>of Public Health and then issued to Farouk who worked

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<v Speaker 1>for the department Department of Public Health, so it was

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<v Speaker 1>county owned. The FBI went to the county and said,

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<v Speaker 1>we want your permission to access the contents on this phone.

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<v Speaker 1>The county said, of course, you have our permission, you

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<v Speaker 1>can access it. Now, if that's all their worked to it,

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<v Speaker 1>it'd be fine. Sure, I would just access the phone.

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<v Speaker 1>They've already received permission from the phone's owner, and they

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<v Speaker 1>could cull through it to look for any evidence that

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<v Speaker 1>would lead them to more information about this crime. But

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<v Speaker 1>there is a security measure on the phone, and it's

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<v Speaker 1>a very simple one. It's on lots of smartphones. It's

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<v Speaker 1>a little password. In this case, it's a four or

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<v Speaker 1>six digit pin which can be alpha numeric if you

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<v Speaker 1>activate that option on the six digit. So it's one

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<v Speaker 1>of the two, we don't know which, and without that pen,

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<v Speaker 1>you cannot access the information because the way the pen works.

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<v Speaker 1>This is where we get into the tech stuff. Been right.

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<v Speaker 1>There are two levels of encryption, or two keys to

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<v Speaker 1>this encryption. One of the keys is the pen. The

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<v Speaker 1>other key is hard coded onto the device itself. All right,

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<v Speaker 1>It's only it's if you think about movies like those

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<v Speaker 1>nineteen eighties movies with the nuclear power, where you have

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<v Speaker 1>to have two generals put their keys into the same

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<v Speaker 1>sort of thing. So if you don't have the pin,

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<v Speaker 1>it can't combine with the hardware key, and therefore you

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<v Speaker 1>cannot unlock the information. The idea here is that Apple

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<v Speaker 1>doesn't have the pen right, which is cool because it

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<v Speaker 1>means that if you or I or you listeners have

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<v Speaker 1>an iPhone, it means you can trust Apple. Because they

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<v Speaker 1>don't know your pin right, they can't access your phone.

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<v Speaker 1>You know, that was the whole point, right, Two points one.

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<v Speaker 1>Apple wanted to make its secure enough so that consumers

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<v Speaker 1>would say, I feel good about buying an iPhone because

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<v Speaker 1>I know whatever I store on it, whether it's something

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<v Speaker 1>that's personal or it's just you know, it's no one

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<v Speaker 1>else's business, whatever it may be, sure no one else

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<v Speaker 1>is going to have access to that unless I give

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<v Speaker 1>them my pen. It's good for Apple, not just because

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<v Speaker 1>consumers are happy, but because Apple then has an out.

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<v Speaker 1>If the government comes to Apple and says, hey, we

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<v Speaker 1>want you to break into this phone, they can literally

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<v Speaker 1>say we cannot do that. It's not that we will not,

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<v Speaker 1>it's that we literally physically cannot grant your request because

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<v Speaker 1>it's impossible. And there's also I would just to expound

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<v Speaker 1>that point a little bit further. This I'm not suggesting

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<v Speaker 1>as their conscious will or intention, but this also removes

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<v Speaker 1>possible culpability. Yes, yes, so all of these are very

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<v Speaker 1>important points, right, So let's get into a little bit

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<v Speaker 1>more of why the FBI is coming to Apple. So

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<v Speaker 1>let's say that it's a four digit pin. Okay, all right,

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<v Speaker 1>all numeric, all numeric, simplest version. That means there are

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<v Speaker 1>ten thousand combinations that are possible for that pen. That's it.

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<v Speaker 1>That's you're limited to ten thousand, okay, which is that's

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<v Speaker 1>a lot, but it's not that much if you're going

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<v Speaker 1>to do something like a brute force attack. Right. So,

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<v Speaker 1>if you do a brute force attack on a normal system,

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<v Speaker 1>and there are only ten thousand variations, it's with a

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<v Speaker 1>fast enough computer, it's just a matter of minutes, right,

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<v Speaker 1>But there are some limitations on the iPhone that make

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<v Speaker 1>this harder. Does it freeze if you enter the incorrect pin? Oh?

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<v Speaker 1>It does more than freeze, all right. So first of all,

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<v Speaker 1>there is an eighty millisecond delay when you enter a

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<v Speaker 1>pin and when it gets verified that it is or

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<v Speaker 1>is not the correct one when the key turns right.

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<v Speaker 1>So with that eighty millisecond delay, that doesn't sound like much,

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<v Speaker 1>but it means you can't just blast a whole bunch

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<v Speaker 1>of numbers through. Also, you have to type it in

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<v Speaker 1>on a screen. You can't hook it up to a

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<v Speaker 1>computer and just digitally send the various pin combinations to

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<v Speaker 1>try and get through. You have to actually tap them

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<v Speaker 1>on the screen to do it over and over. So

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<v Speaker 1>that means you tap in the number eighty milliseconds pass,

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<v Speaker 1>you get the confirmation or denial. Tap in a number next.

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<v Speaker 1>If you hit ten consecutive incorrect pen entries, the phone

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<v Speaker 1>interprets that as saying someone else who is not the

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<v Speaker 1>owner has gotten possession of this phone. So in order

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<v Speaker 1>to protect the owner's information, we're scrambling everything and you

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<v Speaker 1>lose all the metadata. Everything is useless. So even if

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<v Speaker 1>you got the pen afterward, you would not be able

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<v Speaker 1>to access the stuff you were looking for in the

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<v Speaker 1>first place. You would maybe be able to turn on

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<v Speaker 1>the phone, but there wouldn't be anything there to find. Yeah,

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<v Speaker 1>you would have just you would have just it would

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<v Speaker 1>be like you just accidentally set fire to the file room,

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<v Speaker 1>Like you know, like you can't get into the file

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<v Speaker 1>room door, and whatever you try and do accidentally sets

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<v Speaker 1>a fire inside the file room. You then get the

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<v Speaker 1>key to the file room, and then you think, well,

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<v Speaker 1>what's the point lady lost everything, and it's it's virtually assured.

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<v Speaker 1>Yeah that out of those thousand, yeah, out of those

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<v Speaker 1>ten thousand tries, your first ten are going to be wrong. Yeah,

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<v Speaker 1>I mean just the odds are pretty much against you,

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<v Speaker 1>unless you're ridiculously lucky. So there's that, and of course

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<v Speaker 1>they don't they also if it were an actual later iPhone,

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<v Speaker 1>if it weren't the iPhone five C, they would have

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<v Speaker 1>an added problem, which is that with the later models

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<v Speaker 1>there's an additional delay after four failed tries. So if

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<v Speaker 1>you try four times and fail, it will then give

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<v Speaker 1>you a five second delay before you can try the

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<v Speaker 1>fifth time. After that, it gives you a fifteen second

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<v Speaker 1>delay after that, like by the time you get to

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<v Speaker 1>the ninth try, it's an hour delay. Like, think about

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<v Speaker 1>what you're doing, right, So, but the five C doesn't

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<v Speaker 1>have that, so you may have read about that delay.

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<v Speaker 1>It does not qualify for this particular space. Through force

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<v Speaker 1>won't work in the most basic pin situation. But in

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<v Speaker 1>the sixth digit alpha numeric, I just imagine the same

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<v Speaker 1>rules apply, but the yeah, yeah, yeah exactly, But the

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<v Speaker 1>possible answers are much greater because now you've got six

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<v Speaker 1>digits you've also got the possibility of alpha characters in

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<v Speaker 1>their alphabet characters. I believe so. Um so, anyway, from

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<v Speaker 1>why I hear, if you were to try and use

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<v Speaker 1>brute force on a six digit alpha numeric one, it

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<v Speaker 1>would take you with a with a fast computer that

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<v Speaker 1>had been optimized for this, it would take you about

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<v Speaker 1>six years to break through it. And that's going through

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<v Speaker 1>all the different possible combinations, assuming that there's not another

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<v Speaker 1>kill switch type deal like there is with the iPhone.

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<v Speaker 1>By the way, that's software that Apple has built into

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<v Speaker 1>the iPhone, or really firmware that Apple is built into

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<v Speaker 1>the iPhone. It's not like it's a fundamental you know

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<v Speaker 1>quality that all smartphones. Oh right, yeah, yeah, that's that's

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<v Speaker 1>specific to Apple phones. Right, So you've got this problem, right,

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<v Speaker 1>You have the FBI. They've gotten permission from the owner

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<v Speaker 1>of the phone to access the phone's contents, but the

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<v Speaker 1>owner of the phone doesn't know the pen because the

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<v Speaker 1>owner of the phone had had issued it to an employee.

0:13:51.640 --> 0:13:54.320
<v Speaker 1>The employee had come up with the pen, So they

0:13:54.320 --> 0:13:55.800
<v Speaker 1>don't know. If it's a four digit, they don't know,

0:13:55.840 --> 0:13:59.080
<v Speaker 1>if it's a six digit, they don't know. They don't

0:13:59.120 --> 0:14:02.520
<v Speaker 1>know if this this feature where after ten tries everything

0:14:02.559 --> 0:14:05.280
<v Speaker 1>gets erased. They don't know if that's necessarily active because

0:14:05.280 --> 0:14:09.120
<v Speaker 1>you can turn it off, but all indications point to

0:14:09.160 --> 0:14:12.320
<v Speaker 1>it being on. For one, it was on when the

0:14:12.360 --> 0:14:16.800
<v Speaker 1>phone was issued to Farouk right, and people typically don't

0:14:17.000 --> 0:14:22.440
<v Speaker 1>change their defaults vs phone users. So FBI wants Apple

0:14:22.520 --> 0:14:27.000
<v Speaker 1>to do something particular, and it's something different from what

0:14:27.160 --> 0:14:31.800
<v Speaker 1>we've talked about in previous episodes about a backdoor entrance

0:14:31.920 --> 0:14:35.000
<v Speaker 1>into a system. It's not quite the same thing. So

0:14:35.920 --> 0:14:38.760
<v Speaker 1>you've got this phone, you can't brute force attack it

0:14:38.840 --> 0:14:45.080
<v Speaker 1>without risking damaging the contents. Apple cannot access the information

0:14:45.080 --> 0:14:47.880
<v Speaker 1>on this phone by design, they did not want that

0:14:48.000 --> 0:14:52.080
<v Speaker 1>to have that capability. So what the FBI wants Apple

0:14:52.120 --> 0:14:56.680
<v Speaker 1>to do is build a new version of iOS just

0:14:56.840 --> 0:15:00.320
<v Speaker 1>for this phone, a specific iOS for this own that

0:15:00.400 --> 0:15:06.000
<v Speaker 1>disables the safety features that would one prevent brute force

0:15:06.040 --> 0:15:11.000
<v Speaker 1>attacks from happening quickly, to allow brute force attacks to

0:15:11.040 --> 0:15:13.720
<v Speaker 1>happen by hooking up the phone to a computer so

0:15:13.760 --> 0:15:15.520
<v Speaker 1>you don't have to tap those numbers in it shore

0:15:16.240 --> 0:15:21.440
<v Speaker 1>and three disabling that kill switch. So what the FBI

0:15:21.520 --> 0:15:24.000
<v Speaker 1>wants Apple to do is to build up a brand

0:15:24.000 --> 0:15:29.440
<v Speaker 1>new iOS again just for this one phone, and then

0:15:29.200 --> 0:15:32.640
<v Speaker 1>install it on the phone. This would all you know,

0:15:32.720 --> 0:15:38.280
<v Speaker 1>hypothetically happen on Apple grounds, like at an Apple location,

0:15:38.480 --> 0:15:43.400
<v Speaker 1>either at the corporate headquarters or wherever. And then in theory,

0:15:44.320 --> 0:15:50.560
<v Speaker 1>you would then destroy the the the custom iOS because

0:15:50.600 --> 0:15:53.480
<v Speaker 1>you only needed it for that one phone, right, because

0:15:53.480 --> 0:15:56.880
<v Speaker 1>it was so easy to toss the one ring, bring

0:15:56.880 --> 0:16:00.000
<v Speaker 1>it back to more door and destroy it. Right. Yeah, yeah,

0:15:59.840 --> 0:16:04.000
<v Speaker 1>you know what, Mount Doom plenty of backdoors. It's fine,

0:16:04.280 --> 0:16:07.440
<v Speaker 1>it's integral to the plot. That was That was Sauron's

0:16:07.520 --> 0:16:11.280
<v Speaker 1>problem was that he did not plug the security vulnerabilities

0:16:11.560 --> 0:16:15.880
<v Speaker 1>into Mount Doom. I mean, that's that's a classic example,

0:16:16.080 --> 0:16:18.200
<v Speaker 1>like you know, right up there with the whole land

0:16:18.200 --> 0:16:22.040
<v Speaker 1>War with Asia thing. So FBI has been very very

0:16:22.040 --> 0:16:25.840
<v Speaker 1>careful in framing this in a way that presents it

0:16:25.920 --> 0:16:30.600
<v Speaker 1>as a reasonable request, one time thing. That's a that's

0:16:30.600 --> 0:16:33.680
<v Speaker 1>a big deal, right saying this is for one phone

0:16:33.680 --> 0:16:36.240
<v Speaker 1>and one phone only, you would you know, we're suggesting

0:16:36.240 --> 0:16:39.400
<v Speaker 1>the Apple creates an iOS that's directly tied to a

0:16:39.880 --> 0:16:44.680
<v Speaker 1>unique identifier on that phone, meaning even if the iOS

0:16:44.760 --> 0:16:47.920
<v Speaker 1>were somehow to leak, sure it would not be applicable

0:16:47.920 --> 0:16:50.480
<v Speaker 1>to any other device on the market, so it could

0:16:50.560 --> 0:16:52.760
<v Speaker 1>only work for this one phone. So that that sounds

0:16:52.760 --> 0:16:57.080
<v Speaker 1>good in its current form. That's that's important. They didn't

0:16:57.120 --> 0:16:59.280
<v Speaker 1>go so far as to say that that's the important

0:16:59.280 --> 0:17:04.320
<v Speaker 1>part that's left out, but yeah, so that's that was reasonable.

0:17:04.359 --> 0:17:06.639
<v Speaker 1>You could argue saying this is for one case only.

0:17:06.760 --> 0:17:10.560
<v Speaker 1>It's it's an important case. People died as a result, extraordinary,

0:17:10.680 --> 0:17:13.879
<v Speaker 1>and we need to have a clear timeline because we

0:17:14.000 --> 0:17:16.520
<v Speaker 1>don't know if there's something what is there something planned

0:17:16.520 --> 0:17:20.399
<v Speaker 1>for December second, twenty sixteen, right, or was there another

0:17:20.440 --> 0:17:23.359
<v Speaker 1>person involved that we need to get hold of, because

0:17:23.400 --> 0:17:29.159
<v Speaker 1>otherwise that this could happen again. So they've said, you know,

0:17:29.320 --> 0:17:31.800
<v Speaker 1>one time only, use going to destroy it after that

0:17:31.960 --> 0:17:35.160
<v Speaker 1>use Hey, an Apple, if you don't want to make

0:17:35.200 --> 0:17:38.560
<v Speaker 1>this iOS, that's fine, you don't have to do it.

0:17:38.680 --> 0:17:41.800
<v Speaker 1>We'll do it. We'll hire some people to reverse engineer it,

0:17:41.920 --> 0:17:46.800
<v Speaker 1>build out an iOS ourselves. Here's the thing, though, Those

0:17:46.840 --> 0:17:52.160
<v Speaker 1>iPhones will only verify firmware if there's a special Apple

0:17:52.280 --> 0:17:56.800
<v Speaker 1>digital signature attached to the firmware. So in other words,

0:17:57.200 --> 0:18:00.960
<v Speaker 1>if the digital signature, which is unique to Apple, if

0:18:01.000 --> 0:18:03.800
<v Speaker 1>that's not in there, it won't be verified by the device,

0:18:03.880 --> 0:18:09.240
<v Speaker 1>it won't be loaded on because Apple famously wants to

0:18:09.320 --> 0:18:12.840
<v Speaker 1>make sure that their hardware and software works together. And

0:18:12.920 --> 0:18:15.119
<v Speaker 1>that's it. No one else gets to play in that

0:18:15.640 --> 0:18:19.280
<v Speaker 1>play box. Yeah, it's the same with their Matt computers forever, right,

0:18:19.359 --> 0:18:23.400
<v Speaker 1>Like you were really meant to run Apple software on

0:18:23.480 --> 0:18:27.200
<v Speaker 1>Apple hardware and never the twain shall part, right, So,

0:18:28.560 --> 0:18:31.879
<v Speaker 1>same thing with this iPhone. So the fbis is so

0:18:32.080 --> 0:18:34.840
<v Speaker 1>we're not even asking you to give us the digital signature,

0:18:34.880 --> 0:18:37.880
<v Speaker 1>which would be disastrous if Apple did that. The whole

0:18:37.920 --> 0:18:40.040
<v Speaker 1>point of the signature is to make sure that only

0:18:40.080 --> 0:18:43.160
<v Speaker 1>Apple can do this stuff. What they're saying is will

0:18:44.000 --> 0:18:47.520
<v Speaker 1>make this iOS, will give it to you. Yes, you

0:18:47.560 --> 0:18:49.719
<v Speaker 1>will sign off and send it. Right, you give a

0:18:49.720 --> 0:18:52.600
<v Speaker 1>little stamp of approval with your little digital signature, and

0:18:52.640 --> 0:18:54.840
<v Speaker 1>then we can load it onto this phone. But that

0:18:54.880 --> 0:18:57.680
<v Speaker 1>way you don't even have to build the code. See

0:18:57.760 --> 0:19:01.920
<v Speaker 1>we're being really reasonable. We'll be back with more with

0:19:02.000 --> 0:19:17.399
<v Speaker 1>Apple versus the FBI after these quick messages. So here's

0:19:17.520 --> 0:19:22.879
<v Speaker 1>here's the other issue. Apple kind of shot itself in

0:19:22.920 --> 0:19:26.440
<v Speaker 1>the foot. See this is kind of a workaround already,

0:19:26.440 --> 0:19:30.280
<v Speaker 1>this idea of being able to create a new kind

0:19:30.280 --> 0:19:34.520
<v Speaker 1>of firmware to work around the security measures while not

0:19:34.640 --> 0:19:38.160
<v Speaker 1>affecting any of the underlying data. The reason why that's

0:19:38.200 --> 0:19:42.040
<v Speaker 1>possible at all is that Apple has allowed for the

0:19:42.080 --> 0:19:46.280
<v Speaker 1>possibility of issuing a firmware update to a phone without

0:19:46.320 --> 0:19:51.760
<v Speaker 1>the phone's owner having to accept it. Ah. Yes, see,

0:19:51.800 --> 0:19:55.959
<v Speaker 1>if Apple had designed this so that when it pushed

0:19:56.000 --> 0:19:59.359
<v Speaker 1>out a firmware update, you, as the user, had to

0:19:59.400 --> 0:20:02.679
<v Speaker 1>log into your phone and accept it, there'd be no

0:20:02.720 --> 0:20:05.000
<v Speaker 1>way for Apple to do this because you would already

0:20:05.000 --> 0:20:08.440
<v Speaker 1>have to have the pen in order to accept the update.

0:20:08.840 --> 0:20:11.439
<v Speaker 1>So you can't work your way around the pin because

0:20:11.480 --> 0:20:13.520
<v Speaker 1>even the update to try and do the workaround would

0:20:13.560 --> 0:20:15.840
<v Speaker 1>still need the pen. But that's not the case. Apple

0:20:16.000 --> 0:20:21.800
<v Speaker 1>can issue a firmware update without the user's consent. This,

0:20:22.000 --> 0:20:25.520
<v Speaker 1>by the way, also a security problem. Not just a

0:20:25.560 --> 0:20:28.720
<v Speaker 1>security problem in this particular case. But what if someone

0:20:28.760 --> 0:20:31.600
<v Speaker 1>at Apple, you know, decided to code it in so

0:20:31.640 --> 0:20:37.080
<v Speaker 1>that you could activate the microphone remotely. Yeah, and they

0:20:37.119 --> 0:20:40.000
<v Speaker 1>and they shoot this firmware update out and you don't

0:20:40.080 --> 0:20:43.600
<v Speaker 1>have the ability to deny it. You might not even

0:20:43.640 --> 0:20:45.800
<v Speaker 1>be aware that it happens unless you happen to be

0:20:45.880 --> 0:20:48.480
<v Speaker 1>using your phone when the firmware update gets pushed to

0:20:48.480 --> 0:20:53.920
<v Speaker 1>your phone. That's an issue. So because Apple can do this,

0:20:54.000 --> 0:20:59.200
<v Speaker 1>that gives FBI the the leg up to make this request.

0:21:00.080 --> 0:21:05.240
<v Speaker 1>So the FBI just is trying to be as reasonable

0:21:05.240 --> 0:21:09.719
<v Speaker 1>as possible in their request while avoiding the addressing the

0:21:09.760 --> 0:21:17.440
<v Speaker 1>problems that could arise should Apple agree to it. And yeah,

0:21:17.480 --> 0:21:22.080
<v Speaker 1>that's that's the thing. Okay, that's that's that's the thing.

0:21:22.240 --> 0:21:27.840
<v Speaker 1>No matter how single use this might be. Yeah, no

0:21:27.880 --> 0:21:34.480
<v Speaker 1>matter how noble or even crucial the cause, right, there's

0:21:34.680 --> 0:21:39.520
<v Speaker 1>not there is not a practical way that this would

0:21:39.560 --> 0:21:43.240
<v Speaker 1>work without severe repercussions. Yeah, there's a there's a word

0:21:43.280 --> 0:21:47.399
<v Speaker 1>I like to use in this case. It's called precedent. Ah.

0:21:47.400 --> 0:21:53.960
<v Speaker 1>So when you said a precedent where Apple agrees, acquiesces, surrenders,

0:21:54.760 --> 0:21:57.720
<v Speaker 1>is compelled to however you want to put it, to

0:21:58.520 --> 0:22:04.840
<v Speaker 1>agree to FBI's demands, you can't undo that. That has happened.

0:22:05.880 --> 0:22:09.840
<v Speaker 1>And perhaps more importantly, not only has it happened in

0:22:09.880 --> 0:22:14.080
<v Speaker 1>the US government, but now other governments that operate where

0:22:14.119 --> 0:22:18.080
<v Speaker 1>Apple sells products could come to Apple and say, we

0:22:18.119 --> 0:22:20.400
<v Speaker 1>know you can do this because you have done it,

0:22:20.760 --> 0:22:22.840
<v Speaker 1>and we know you will do this because you did

0:22:22.920 --> 0:22:24.760
<v Speaker 1>do it. So if you want to do business in

0:22:24.800 --> 0:22:28.040
<v Speaker 1>our country, you know, the one that starts with Chu

0:22:28.280 --> 0:22:31.920
<v Speaker 1>and ends with Aina. You will do this for us.

0:22:31.960 --> 0:22:34.760
<v Speaker 1>And when you're talking about a government like China's government,

0:22:35.200 --> 0:22:39.040
<v Speaker 1>you could see how this could be used to an

0:22:39.080 --> 0:22:43.960
<v Speaker 1>abusive extent. Anyone who is identified as a dissident could

0:22:44.000 --> 0:22:50.040
<v Speaker 1>be targeted. And China's an enormous market. Right, Apple cannot,

0:22:50.080 --> 0:22:54.520
<v Speaker 1>as a publicly traded company turn its back on the

0:22:54.520 --> 0:22:58.360
<v Speaker 1>biggest emerging market in the world, not even emerging, it's emerged,

0:22:58.640 --> 0:23:01.239
<v Speaker 1>the biggest market in the world. Also, it's a there

0:23:01.240 --> 0:23:05.439
<v Speaker 1>are manufacturing basis for apples in China. That's part of it.

0:23:05.480 --> 0:23:09.280
<v Speaker 1>That's already been a security concern. Let's also consider I mean,

0:23:09.600 --> 0:23:13.240
<v Speaker 1>if we're being honest, Okay, how how do I say

0:23:13.280 --> 0:23:19.680
<v Speaker 1>this correctly? Jonathan? Oh? Yes, Okay. While there is no

0:23:20.119 --> 0:23:26.360
<v Speaker 1>universally acknowledged proof that corporate corporate espionage projects or operations

0:23:26.440 --> 0:23:31.399
<v Speaker 1>coming from China are sponsored by the government, right, there

0:23:31.640 --> 0:23:38.760
<v Speaker 1>is widespread certitude that that is the case. Ockham's razor, right, Right,

0:23:38.920 --> 0:23:42.360
<v Speaker 1>Ockom's razor. You look at it and you think, okay,

0:23:42.440 --> 0:23:47.040
<v Speaker 1>it is entirely possible that any hackers operating in China One,

0:23:47.480 --> 0:23:52.960
<v Speaker 1>maybe they're not Chinese. Unlikely but possible too. Maybe they're

0:23:52.960 --> 0:23:56.399
<v Speaker 1>operating from a different country and using proxies to go

0:23:56.520 --> 0:23:59.399
<v Speaker 1>through China. But considering the firewall of China, that seems

0:23:59.440 --> 0:24:05.560
<v Speaker 1>like that extra headache for those hackers. Three, they could

0:24:05.600 --> 0:24:08.520
<v Speaker 1>be operating. They could be Chinese and operating in China,

0:24:08.640 --> 0:24:12.160
<v Speaker 1>but not be directed by the Chinese government, in which

0:24:12.160 --> 0:24:15.400
<v Speaker 1>case they would still have to use proxies in order

0:24:15.400 --> 0:24:19.040
<v Speaker 1>to access that level of infrastructure. It just gets to

0:24:19.040 --> 0:24:21.760
<v Speaker 1>a point where you think the simplest explanation is, in fact,

0:24:21.800 --> 0:24:25.399
<v Speaker 1>there are these state backed hackers that are doing this

0:24:25.560 --> 0:24:28.720
<v Speaker 1>on behalf or on the request of Chinese government. If

0:24:28.760 --> 0:24:33.159
<v Speaker 1>not on the request, at least with the implicit approval.

0:24:33.320 --> 0:24:35.240
<v Speaker 1>There we go at least someone looking the other way.

0:24:35.240 --> 0:24:38.120
<v Speaker 1>But even that's not enough. There's assistance involved anyway. I'm

0:24:38.480 --> 0:24:41.359
<v Speaker 1>derailing us as well. The point being that if if

0:24:41.400 --> 0:24:44.960
<v Speaker 1>Apple were to agree to this FBI request, that is

0:24:45.040 --> 0:24:47.720
<v Speaker 1>a distinct possibility that it would face not only future

0:24:47.760 --> 0:24:52.679
<v Speaker 1>requests from from other government agencies as well as the FBI,

0:24:53.040 --> 0:24:56.000
<v Speaker 1>but from other countries as well, and that it would

0:24:56.040 --> 0:24:59.800
<v Speaker 1>it would be the wedge that drives open the possibility

0:24:59.800 --> 0:25:02.520
<v Speaker 1>of the things like these backdoors that Apple and other

0:25:02.520 --> 0:25:06.240
<v Speaker 1>companies have been resisting for years now. No, there is

0:25:06.280 --> 0:25:08.200
<v Speaker 1>one other there there is a case that I think

0:25:08.200 --> 0:25:11.440
<v Speaker 1>we should clarify here. Um when we talk about precedent,

0:25:11.880 --> 0:25:15.080
<v Speaker 1>there have been precedents in the in the legal past

0:25:15.480 --> 0:25:21.680
<v Speaker 1>wherein Uncle Sam was allowed to compel a company right

0:25:21.920 --> 0:25:24.120
<v Speaker 1>to do and this is different. But we do need

0:25:24.160 --> 0:25:27.560
<v Speaker 1>to I think we need to differentiate these because it

0:25:27.680 --> 0:25:32.560
<v Speaker 1>is legal in the US to compel a third party,

0:25:32.600 --> 0:25:37.640
<v Speaker 1>whether an individual or a corporation to um help how

0:25:37.640 --> 0:25:40.359
<v Speaker 1>do they word it, like execute a court order or

0:25:40.359 --> 0:25:43.040
<v Speaker 1>something like. Yeah, So you're you're talking about the all

0:25:43.160 --> 0:25:46.520
<v Speaker 1>Ritz Act, right, which is a very old thing, back

0:25:46.520 --> 0:25:51.520
<v Speaker 1>to what's seventeen eighty nine. Okay, US wasn't even the

0:25:51.600 --> 0:25:56.520
<v Speaker 1>US very much the right. This is not a smartphone

0:25:56.600 --> 0:26:00.440
<v Speaker 1>specific law. There were still occasional battles with the British

0:26:00.520 --> 0:26:03.399
<v Speaker 1>going on. Okay, seventeen eighty nine, so all the states

0:26:03.440 --> 0:26:06.919
<v Speaker 1>were here, yet many of them were not here yet. Yes,

0:26:07.040 --> 0:26:11.719
<v Speaker 1>seventeen eighty nine is when this want was first written

0:26:11.760 --> 0:26:16.280
<v Speaker 1>down as part of the Judiciary Act. So specifically, what

0:26:16.359 --> 0:26:18.879
<v Speaker 1>the all Ritz Act allows the government to do is

0:26:18.920 --> 0:26:22.560
<v Speaker 1>to compel a third party to accommodate federal orders like

0:26:22.640 --> 0:26:26.800
<v Speaker 1>a search warrant. So, in other words, the federal government

0:26:26.840 --> 0:26:29.800
<v Speaker 1>can issue a search warrant to law enforcement. The law

0:26:29.960 --> 0:26:32.800
<v Speaker 1>enforcement can go to let's say it's an apartment building.

0:26:32.840 --> 0:26:35.480
<v Speaker 1>They can go to the manager of the apartment building

0:26:35.480 --> 0:26:37.960
<v Speaker 1>and say, we have the search warrant. The all Ritz

0:26:38.000 --> 0:26:40.840
<v Speaker 1>Act tells us that you have to allow us to

0:26:40.880 --> 0:26:43.879
<v Speaker 1>go into this apartment to search it. And then the

0:26:43.920 --> 0:26:46.800
<v Speaker 1>apartment owners says all right and lets them in. Now,

0:26:46.840 --> 0:26:51.159
<v Speaker 1>this serves a couple of different purposes. It expedites the

0:26:51.920 --> 0:26:55.159
<v Speaker 1>work of the federal government in investigations and things of

0:26:55.200 --> 0:26:58.359
<v Speaker 1>that nature. And it also provides a protection to those

0:26:58.359 --> 0:27:01.480
<v Speaker 1>third parties because the third party is having to comply

0:27:02.000 --> 0:27:06.679
<v Speaker 1>with a federal request. And if you are a person

0:27:07.000 --> 0:27:11.560
<v Speaker 1>like an apartment manager and your other tenants are coming

0:27:11.560 --> 0:27:13.679
<v Speaker 1>to you and saying why are you letting them into

0:27:13.920 --> 0:27:17.600
<v Speaker 1>someone's room without their permission, you can say I have

0:27:17.720 --> 0:27:21.000
<v Speaker 1>to by law. That protects you as the owner as well,

0:27:21.520 --> 0:27:24.560
<v Speaker 1>because it means that you're not you're not You're not

0:27:24.600 --> 0:27:27.160
<v Speaker 1>a rat. You know you're you're you're following the law.

0:27:27.240 --> 0:27:30.760
<v Speaker 1>You're obeying the law. Right, So automatically, anything you do

0:27:30.840 --> 0:27:33.960
<v Speaker 1>in the assistance of the execution of that court order

0:27:34.880 --> 0:27:39.280
<v Speaker 1>is automatically legal. I mean as long as you're yeah,

0:27:39.320 --> 0:27:41.840
<v Speaker 1>as long as they're not saying, hey, we need a

0:27:41.840 --> 0:27:44.040
<v Speaker 1>search warr and you go sure, Hey, while I'm on

0:27:44.080 --> 0:27:46.840
<v Speaker 1>the way, do you mind even steal the car right

0:27:47.119 --> 0:27:49.320
<v Speaker 1>or there? Or they can't say, hey, we're going to

0:27:49.359 --> 0:27:51.320
<v Speaker 1>get a search warrant? Do you want to just lessen

0:27:51.520 --> 0:27:56.639
<v Speaker 1>now right? That would not be cool. But there's a

0:27:56.720 --> 0:28:01.000
<v Speaker 1>very important idea that's attached to the US all Ritz Act,

0:28:01.880 --> 0:28:04.399
<v Speaker 1>which is that, and the Supreme Court has ruled on this,

0:28:05.880 --> 0:28:09.320
<v Speaker 1>you cannot rely on the all Ritz Act to compel

0:28:09.359 --> 0:28:14.119
<v Speaker 1>a third party to action if it creates an unreasonable

0:28:14.160 --> 0:28:18.000
<v Speaker 1>burden upon that party. So you might say, well, what's

0:28:18.000 --> 0:28:20.959
<v Speaker 1>the unreasonable burden for Apple? I mean, all they're asking

0:28:21.000 --> 0:28:26.879
<v Speaker 1>for is a way around this security system, just time,

0:28:26.960 --> 0:28:29.480
<v Speaker 1>just the one time. So there are actually several counter

0:28:29.680 --> 0:28:34.119
<v Speaker 1>arguments to this. Um. First, uh, you know, Apple is

0:28:34.160 --> 0:28:37.640
<v Speaker 1>saying their programmers may not even know how to make

0:28:37.680 --> 0:28:41.920
<v Speaker 1>the code that would allow for this to happen. They like, listen,

0:28:41.920 --> 0:28:44.480
<v Speaker 1>we don't even know that we can build this yet,

0:28:45.080 --> 0:28:46.960
<v Speaker 1>So you're asking us to do something that we don't

0:28:47.040 --> 0:28:50.760
<v Speaker 1>know we can build. So that's an unreasonable burden because

0:28:50.760 --> 0:28:54.280
<v Speaker 1>it means we have to dedicate our assets to from

0:28:54.600 --> 0:28:57.320
<v Speaker 1>from projects that they should be working on to trying

0:28:57.320 --> 0:29:00.040
<v Speaker 1>to figure out if this thing is possible and if so,

0:29:00.080 --> 0:29:03.680
<v Speaker 1>how to do it now. The FBI's argument was essentially, hey,

0:29:03.720 --> 0:29:05.760
<v Speaker 1>you're in the business of writing codes. There should be

0:29:05.760 --> 0:29:12.560
<v Speaker 1>no problem, right. I would desperately need a bleep sound

0:29:12.600 --> 0:29:15.760
<v Speaker 1>effect right now. But I call BS. Let's be nice.

0:29:15.840 --> 0:29:19.240
<v Speaker 1>I'll call BS on that argument, because to me, that's

0:29:19.240 --> 0:29:21.800
<v Speaker 1>the same as coming up to Let's say, let's say

0:29:21.800 --> 0:29:24.840
<v Speaker 1>Ben that you are a cook, yes, and you cook

0:29:25.240 --> 0:29:29.560
<v Speaker 1>in an Italian restaurant. You're you're the Italian restaurant's head cook.

0:29:29.800 --> 0:29:32.200
<v Speaker 1>Three initial in stars. I go up to you and

0:29:32.240 --> 0:29:35.040
<v Speaker 1>I say, hey, listen, I'm from the federal government. I

0:29:35.120 --> 0:29:39.040
<v Speaker 1>got this, uh, this this executive order, this federal order

0:29:39.840 --> 0:29:42.959
<v Speaker 1>for you. Okay, all right, you have to now go

0:29:43.040 --> 0:29:48.160
<v Speaker 1>and make a dinner of Peruvian food right now for

0:29:48.360 --> 0:29:50.960
<v Speaker 1>thirty people that are in the restaurant. You can do

0:29:51.000 --> 0:29:55.560
<v Speaker 1>it because you cook right exactly. Or it's like saying, yeah,

0:29:55.800 --> 0:29:58.400
<v Speaker 1>it would be a disastrous Peruvian dinner at very least

0:29:58.400 --> 0:30:03.080
<v Speaker 1>a looser interpretation, like for another example, let's say to

0:30:03.160 --> 0:30:06.120
<v Speaker 1>make it even broader. Yeah, because I think this is

0:30:06.240 --> 0:30:09.760
<v Speaker 1>this is pretty good too. So, uh, Jonathan, let's say

0:30:09.800 --> 0:30:14.600
<v Speaker 1>that you are a doctor. All right, Okay, you're at

0:30:14.600 --> 0:30:18.240
<v Speaker 1>your doctor, doctor Strickland, doctor Strickling. Hey, hey call me Jonathan,

0:30:18.240 --> 0:30:22.720
<v Speaker 1>doctor Strickland's my dad. You right, So you're an easy

0:30:22.760 --> 0:30:27.440
<v Speaker 1>going doctor, clearly, Um, and you are, and uh you

0:30:27.600 --> 0:30:30.000
<v Speaker 1>you're an ear nose and throat man. Okay yea. And

0:30:30.600 --> 0:30:34.840
<v Speaker 1>uh so I come up to un say I'm from

0:30:35.000 --> 0:30:39.080
<v Speaker 1>the federal government. I have an executive order but not

0:30:39.120 --> 0:30:41.680
<v Speaker 1>an appointment. So you're already kind of irritated, right, and

0:30:41.920 --> 0:30:46.240
<v Speaker 1>I'm like, and I say, I need you to make

0:30:46.280 --> 0:30:50.400
<v Speaker 1>the cure for cancer. Yeah that's a bit much. Yeah,

0:30:50.440 --> 0:30:52.920
<v Speaker 1>I mean you're a doctor, right, you know about organs

0:30:52.960 --> 0:30:56.880
<v Speaker 1>and stuff cancer affects bodies. Or going to Harley Davidson

0:30:57.120 --> 0:31:00.800
<v Speaker 1>Davidson and saying, look, you you make stuff where wheels

0:31:00.800 --> 0:31:03.680
<v Speaker 1>are connected to chassis and they turn and a motor

0:31:03.880 --> 0:31:06.640
<v Speaker 1>keeps things going. I need you to make a bus. Yeah,

0:31:06.920 --> 0:31:09.680
<v Speaker 1>I mean, as you see where the where it's ridiculous.

0:31:09.720 --> 0:31:14.240
<v Speaker 1>It's it's you can't argue that because this company is

0:31:14.280 --> 0:31:16.360
<v Speaker 1>in the business of doing this one thing, which by

0:31:16.360 --> 0:31:18.840
<v Speaker 1>the way, is just one part of Apple's business, absolutely,

0:31:19.200 --> 0:31:21.959
<v Speaker 1>that they are capable of making this other thing that

0:31:22.080 --> 0:31:24.800
<v Speaker 1>happens to fall into that same category. That is ludicrous

0:31:24.800 --> 0:31:26.440
<v Speaker 1>on the face of it. So that's argument number one

0:31:26.960 --> 0:31:30.920
<v Speaker 1>about it being a burden. Okay. The second burden is

0:31:30.920 --> 0:31:33.320
<v Speaker 1>the one that we've already touched on. It sets a precedent.

0:31:33.360 --> 0:31:35.920
<v Speaker 1>If Apple can be forced to attack the security of

0:31:35.920 --> 0:31:39.040
<v Speaker 1>its own system in this case, it could happen again

0:31:39.240 --> 0:31:43.840
<v Speaker 1>and that would be a disastrous result for consumer uh,

0:31:44.160 --> 0:31:47.440
<v Speaker 1>you know, confidence in Apple's products. Right, that's very bad

0:31:47.480 --> 0:31:49.800
<v Speaker 1>for Apple's bottom line. So if Apple says, look, you

0:31:49.840 --> 0:31:54.280
<v Speaker 1>will make us lose millions, if not billions of dollars

0:31:54.320 --> 0:31:58.440
<v Speaker 1>in revenue, how is that not an unreasonable burden? How

0:31:58.480 --> 0:32:02.520
<v Speaker 1>can you argue that that burden is reasonable? Right exactly?

0:32:02.560 --> 0:32:04.920
<v Speaker 1>And that's so. And not only that, but then you

0:32:04.960 --> 0:32:09.960
<v Speaker 1>get into the foreign agent approach, the foreign state approach,

0:32:10.000 --> 0:32:13.280
<v Speaker 1>saying what if this means that China comes to us

0:32:13.280 --> 0:32:16.280
<v Speaker 1>and says, because of this other thing that we agreed

0:32:16.320 --> 0:32:18.240
<v Speaker 1>to do, we now have to do it in China

0:32:18.360 --> 0:32:23.640
<v Speaker 1>all the time, and real human beings are being pursued

0:32:24.000 --> 0:32:28.480
<v Speaker 1>and their lives are turned upside down and ruined as

0:32:28.520 --> 0:32:31.120
<v Speaker 1>a result of it. And it's all because we have

0:32:31.240 --> 0:32:34.480
<v Speaker 1>to comply, because this has already set a precedent that's

0:32:34.480 --> 0:32:39.680
<v Speaker 1>an unreasonable burden. And finally, they've even said that it's

0:32:39.680 --> 0:32:43.360
<v Speaker 1>a violation of their right to free speech. And the

0:32:43.440 --> 0:32:46.280
<v Speaker 1>reason for that is because code has been ruled as

0:32:46.320 --> 0:32:49.240
<v Speaker 1>a type of free speech in the past, and if

0:32:49.240 --> 0:32:53.800
<v Speaker 1>the government compels Apple to write code that Apple doesn't

0:32:53.840 --> 0:32:59.120
<v Speaker 1>believe in, they're being compelled to speak against their own beliefs,

0:32:59.200 --> 0:33:03.000
<v Speaker 1>thus a violation of free speech. Now that argument, most

0:33:03.000 --> 0:33:05.040
<v Speaker 1>people are saying it's probably the weakest of all of

0:33:05.120 --> 0:33:07.640
<v Speaker 1>their styling on it a little, but I gotta admit

0:33:07.720 --> 0:33:11.840
<v Speaker 1>that's pretty awesome style. Well, yeah, that is. I enjoy it.

0:33:11.880 --> 0:33:16.000
<v Speaker 1>And there, while it's reaching, it's not invalid. And let's

0:33:16.040 --> 0:33:21.040
<v Speaker 1>consider that Apple legally, in this kind of case, is

0:33:21.120 --> 0:33:25.560
<v Speaker 1>playing against Uncle Sam and on its home territory right.

0:33:25.720 --> 0:33:29.960
<v Speaker 1>And this means that you you might often wonder why

0:33:30.160 --> 0:33:33.680
<v Speaker 1>when there are suits or countersuits or legal problems, why

0:33:33.880 --> 0:33:38.280
<v Speaker 1>so many cases open with just this laundry list of arguments,

0:33:38.480 --> 0:33:41.680
<v Speaker 1>And it's because it's you know, if we could go

0:33:41.720 --> 0:33:46.400
<v Speaker 1>back to my Italian restaurant, you're just throwing this spaghetti

0:33:46.440 --> 0:33:49.400
<v Speaker 1>at the wall. It's a scattered gun approach, it absolutely is,

0:33:49.960 --> 0:33:52.680
<v Speaker 1>or if you prefer, it's casting a very wide net

0:33:52.720 --> 0:33:56.920
<v Speaker 1>because you aren't sure which tactic is necessarily going to

0:33:56.960 --> 0:33:59.120
<v Speaker 1>be your best one from the starting gate, so you

0:33:59.160 --> 0:34:01.760
<v Speaker 1>want to throw out all of them at once, and

0:34:01.800 --> 0:34:04.520
<v Speaker 1>if it's if it's a compelling enough argument, then you

0:34:04.560 --> 0:34:07.520
<v Speaker 1>can get things thrown out before they go any further.

0:34:08.600 --> 0:34:11.799
<v Speaker 1>And in fact, Apple has said that they're willing to

0:34:11.880 --> 0:34:13.839
<v Speaker 1>go all the way to the Supreme Court with this

0:34:13.880 --> 0:34:18.280
<v Speaker 1>particular fight. The CEO said that publicly. Yeah, which interesting

0:34:18.280 --> 0:34:23.160
<v Speaker 1>because I you know, we recently lost a US Supreme

0:34:23.160 --> 0:34:26.240
<v Speaker 1>Court justice here in the United States, and I actually

0:34:26.239 --> 0:34:28.160
<v Speaker 1>think he probably would have sided with Apple on this

0:34:28.200 --> 0:34:33.440
<v Speaker 1>one because of his very strict view of the constitution,

0:34:33.560 --> 0:34:38.400
<v Speaker 1>right he's an originalist antonin Scalia. Yeah, So going back

0:34:38.560 --> 0:34:40.440
<v Speaker 1>to this argument of it, I'm going to read a

0:34:40.520 --> 0:34:42.560
<v Speaker 1>quote and I want to see what your reaction is,

0:34:43.560 --> 0:34:47.160
<v Speaker 1>because I know what mine was. This is from Congressman

0:34:47.320 --> 0:34:53.040
<v Speaker 1>David Jolly of Florida, who said Apple's leadership risks having

0:34:53.080 --> 0:34:57.920
<v Speaker 1>blood on their hands. Ben is shaking his head and

0:34:58.000 --> 0:35:01.680
<v Speaker 1>looking at me in disdain. Not at me, he's looking

0:35:01.719 --> 0:35:06.320
<v Speaker 1>through me. It's absolutely insincere, first off, and it's usually

0:35:06.840 --> 0:35:13.759
<v Speaker 1>whenever you listeners, whenever you hear people make lurid imagery

0:35:13.840 --> 0:35:22.160
<v Speaker 1>based appeals to emotion, right, or these these hyperbolic accusations

0:35:22.520 --> 0:35:26.680
<v Speaker 1>that this is the bread and butter of I'll say

0:35:26.680 --> 0:35:31.840
<v Speaker 1>it the political class theater exactly. That's a great phrase.

0:35:31.880 --> 0:35:36.440
<v Speaker 1>And so to say this in such a way, what

0:35:36.480 --> 0:35:39.800
<v Speaker 1>it does is psychologically you get an image of somebody

0:35:40.239 --> 0:35:44.160
<v Speaker 1>with with literal blood on their hands, and then you

0:35:44.200 --> 0:35:48.800
<v Speaker 1>know they're trying to cast aspersion against Apple, not by

0:35:48.960 --> 0:35:52.680
<v Speaker 1>not by making any point about the arguments Apple is

0:35:52.719 --> 0:35:57.319
<v Speaker 1>making right, but by going instantly to, uh, these people

0:35:57.360 --> 0:36:00.200
<v Speaker 1>are murderers, right if we don't do why are you

0:36:00.239 --> 0:36:05.719
<v Speaker 1>defending murderers? That's that's that's essentially you know, uh, the

0:36:05.840 --> 0:36:08.839
<v Speaker 1>argument about you know, it's it's one of those those

0:36:08.960 --> 0:36:11.720
<v Speaker 1>legal arguments you will hear occasionally. This is an illegal argument,

0:36:11.760 --> 0:36:13.719
<v Speaker 1>but it's like the legal arguments you will occasionally hear

0:36:13.760 --> 0:36:16.520
<v Speaker 1>where it's clear that the lawyer is trying to appeal

0:36:16.560 --> 0:36:19.600
<v Speaker 1>to the jury's sense of emotion. Sure as opposed to

0:36:19.800 --> 0:36:23.000
<v Speaker 1>addressing the facts of the case itself. Right, Um, so,

0:36:23.280 --> 0:36:26.160
<v Speaker 1>I agree entirely with you. The first reaction I had was,

0:36:26.840 --> 0:36:31.000
<v Speaker 1>I'm offended by that statement. I mean, it's condescending and

0:36:31.040 --> 0:36:34.800
<v Speaker 1>it imagines that it imagines that the person that would

0:36:34.800 --> 0:36:38.000
<v Speaker 1>be swayed by that is not intelligent enough to read,

0:36:38.239 --> 0:36:42.160
<v Speaker 1>and it it deflects the fact that there are two

0:36:42.200 --> 0:36:48.880
<v Speaker 1>people who were responsible for that terrible exact attack, two people,

0:36:49.320 --> 0:36:51.080
<v Speaker 1>and those two people are the people who are holding

0:36:51.080 --> 0:36:53.160
<v Speaker 1>the guns and pulling the trigger and aiming at people.

0:36:53.239 --> 0:36:55.160
<v Speaker 1>Those those are the ones who have blood on their hands,

0:36:55.200 --> 0:36:57.319
<v Speaker 1>and of course they're they're both dead now, they both

0:36:57.400 --> 0:37:01.840
<v Speaker 1>died in the shootout with the law enforced. But the

0:37:01.960 --> 0:37:04.720
<v Speaker 1>point being that they're the ones responsible, not Apple. Apple

0:37:04.760 --> 0:37:08.520
<v Speaker 1>did nothing in relation to this crime. In fact, Apple

0:37:08.560 --> 0:37:12.760
<v Speaker 1>didn't give the fricking phone to Furut that was issued

0:37:12.800 --> 0:37:16.280
<v Speaker 1>by the county. Apple just made some made a device

0:37:16.760 --> 0:37:19.640
<v Speaker 1>that has this level of security on it that people wanted.

0:37:19.719 --> 0:37:22.919
<v Speaker 1>People wanted that level of security. They want the reassurance

0:37:23.000 --> 0:37:27.480
<v Speaker 1>that Apple itself can't access their phones without their permission.

0:37:28.600 --> 0:37:32.359
<v Speaker 1>It's a very important cornerstone of security. In fact, if

0:37:32.360 --> 0:37:36.919
<v Speaker 1>you look at iOS eight or earlier, Apple could bypass security,

0:37:36.760 --> 0:37:41.040
<v Speaker 1>they could access the information on a phone without your pen,

0:37:41.560 --> 0:37:45.600
<v Speaker 1>without you acquiescing and allowing that to happen. But they

0:37:45.640 --> 0:37:50.000
<v Speaker 1>specifically change that with iOS nine. They made it so

0:37:50.040 --> 0:37:53.080
<v Speaker 1>that they could not do that because they said, it's

0:37:53.120 --> 0:37:57.640
<v Speaker 1>important for consumers to trust the company. And how can

0:37:57.680 --> 0:37:59.640
<v Speaker 1>you build trust if you know in the back of

0:37:59.640 --> 0:38:02.760
<v Speaker 1>your mind and this company could at any moment access

0:38:02.960 --> 0:38:07.160
<v Speaker 1>my private information that I have not chosen to share

0:38:07.200 --> 0:38:11.200
<v Speaker 1>with them, Well, you know that trust is destroyed in

0:38:11.239 --> 0:38:14.120
<v Speaker 1>that case, right, kind of brings us back to that

0:38:14.239 --> 0:38:20.040
<v Speaker 1>unreasonable burden. So these arguments are continuing. I think the

0:38:20.080 --> 0:38:24.799
<v Speaker 1>next stage doesn't start till till March tenth, and we're

0:38:24.800 --> 0:38:30.839
<v Speaker 1>recording this on February twenty sixth. So I am very

0:38:30.880 --> 0:38:35.000
<v Speaker 1>hopeful that the government sides with Apple on this ultimately,

0:38:35.080 --> 0:38:37.720
<v Speaker 1>that when this gets the courts at any rate side

0:38:37.719 --> 0:38:42.200
<v Speaker 1>with Apple on this, because if they do not, this

0:38:42.440 --> 0:38:45.880
<v Speaker 1>is the This could be like the snowball effect where

0:38:46.239 --> 0:38:49.799
<v Speaker 1>we see more requests of this nature come in and

0:38:49.840 --> 0:38:53.960
<v Speaker 1>thence it. Once it's been established as precedent, it's much

0:38:53.960 --> 0:38:56.560
<v Speaker 1>easier to happen in the future, and it's easier to

0:38:56.600 --> 0:39:01.080
<v Speaker 1>see larger requests, like things that are that go beyond

0:39:01.200 --> 0:39:03.360
<v Speaker 1>all we need you to help us circumvent the security

0:39:03.960 --> 0:39:06.400
<v Speaker 1>and may go into we need you. We finally are

0:39:06.400 --> 0:39:08.719
<v Speaker 1>going to get what we wanted all this time. We

0:39:08.760 --> 0:39:12.680
<v Speaker 1>want a direct path that like a doorway that's labeled

0:39:12.719 --> 0:39:16.160
<v Speaker 1>FBI that lets us go straight into the data that

0:39:16.280 --> 0:39:19.440
<v Speaker 1>your users are storing on their devices, which leads to

0:39:19.640 --> 0:39:23.640
<v Speaker 1>because the FBI, this leads to a horrific situation, because

0:39:23.680 --> 0:39:28.440
<v Speaker 1>the FBI is an institution sure made up of individuals.

0:39:28.680 --> 0:39:32.400
<v Speaker 1>Remember when the Snowden leaks revealed to us the extent

0:39:32.600 --> 0:39:35.879
<v Speaker 1>of unethical use of surveillance by the NSA. People would

0:39:35.920 --> 0:39:39.600
<v Speaker 1>look up their ex girlfriends or they were star ex boyfriends. Yeah,

0:39:39.640 --> 0:39:42.040
<v Speaker 1>they were just looking up people that they were interested

0:39:42.080 --> 0:39:44.960
<v Speaker 1>in with absolutely no oversight. As a matter of fact,

0:39:45.239 --> 0:39:50.160
<v Speaker 1>when we talked about the Chinese government looking the other

0:39:50.160 --> 0:39:54.400
<v Speaker 1>way for hackers, that was the same thing that occurred

0:39:54.440 --> 0:40:00.840
<v Speaker 1>with the NSA. To assume that, for some reason, given

0:40:00.840 --> 0:40:05.520
<v Speaker 1>the opportunity, individuals in another law enforcement branch or another

0:40:05.960 --> 0:40:11.120
<v Speaker 1>institution would not do the same thing, yeah, is cartoonishly naive.

0:40:12.040 --> 0:40:17.479
<v Speaker 1>We will conclude our twenty sixteen discussion about Apple versus

0:40:17.520 --> 0:40:29.840
<v Speaker 1>the FBI after this quick break, you know, using the

0:40:29.920 --> 0:40:32.200
<v Speaker 1>argument of this is a one time use, that wouldn't

0:40:32.239 --> 0:40:35.239
<v Speaker 1>stop the FBI from requesting another one time use, or

0:40:35.280 --> 0:40:38.080
<v Speaker 1>another one time use, or even extending that beyond it,

0:40:38.160 --> 0:40:41.520
<v Speaker 1>saying all right now, we want a one size fits

0:40:41.600 --> 0:40:44.120
<v Speaker 1>all approach to doing the same thing because it's too

0:40:44.160 --> 0:40:46.560
<v Speaker 1>much time for us. And don't worry, we'll get a

0:40:46.600 --> 0:40:49.799
<v Speaker 1>cord order before we do it. Will make sure that

0:40:49.840 --> 0:40:53.000
<v Speaker 1>nobody else gets access to this ability. And you'll know

0:40:53.080 --> 0:40:56.720
<v Speaker 1>that the cord order is good because they'll be classified.

0:40:57.280 --> 0:40:59.520
<v Speaker 1>So we'll just inform you when the orders are approved.

0:40:59.600 --> 0:41:02.080
<v Speaker 1>I have said it many times that there is no

0:41:02.160 --> 0:41:07.279
<v Speaker 1>way to ensure security by enforcing a vulnerability. Yeah, and

0:41:07.400 --> 0:41:10.879
<v Speaker 1>I think that's a way to encapsulate it. But there

0:41:11.000 --> 0:41:13.400
<v Speaker 1>is a question that I have that I'm sure a

0:41:13.440 --> 0:41:16.200
<v Speaker 1>lot of you have as well, ladies and gentlemen, which is,

0:41:17.000 --> 0:41:20.760
<v Speaker 1>let's say the worst happens, Yes, okay, worst happens court

0:41:20.920 --> 0:41:27.040
<v Speaker 1>rules in favor of the FBI, and Apple says, nah,

0:41:27.080 --> 0:41:31.080
<v Speaker 1>we're not going to do it. Well, I mean if

0:41:31.160 --> 0:41:33.360
<v Speaker 1>if the court, assuming he goes all the way up

0:41:33.360 --> 0:41:35.960
<v Speaker 1>to the Supreme Court, this could end up becoming a

0:41:36.000 --> 0:41:41.600
<v Speaker 1>matter of law where it's codified that companies have to

0:41:41.640 --> 0:41:44.279
<v Speaker 1>obey that within the United States, which would mean far

0:41:44.440 --> 0:41:49.280
<v Speaker 1>reaching implications, not just for Apple, but for all companies, everyone,

0:41:49.640 --> 0:41:53.040
<v Speaker 1>any any tech company, any company really that any company

0:41:53.120 --> 0:41:55.600
<v Speaker 1>doing business in the US, not even based here, but

0:41:55.760 --> 0:42:00.000
<v Speaker 1>just doing business. So that's a big deal. It's it's

0:42:00.000 --> 0:42:06.839
<v Speaker 1>potentially disastrous for privacy. There's rampant possibilities of misuse. We've

0:42:06.880 --> 0:42:11.160
<v Speaker 1>talked about the possibility that if you do create a vulnerability,

0:42:12.040 --> 0:42:14.319
<v Speaker 1>someone somewhere is going to try and figure out a

0:42:14.360 --> 0:42:18.040
<v Speaker 1>way to also gain access to that vulnerability, right, And

0:42:18.120 --> 0:42:23.360
<v Speaker 1>these are not necessarily other law agencies or intelligence agencies,

0:42:23.440 --> 0:42:25.640
<v Speaker 1>or maybe they are intelligence agencies. They just have to

0:42:25.680 --> 0:42:28.560
<v Speaker 1>be intelligence agencies working for a different country. And yeah,

0:42:28.600 --> 0:42:31.280
<v Speaker 1>and here's the problem, because we've talked about this before,

0:42:31.360 --> 0:42:35.160
<v Speaker 1>man I. Legislation, I think we talked about this with

0:42:35.200 --> 0:42:42.799
<v Speaker 1>autonomous vehicles before. Legislation is almost always outpaced by technological innovation. YEA, yes, yeah,

0:42:42.880 --> 0:42:45.960
<v Speaker 1>but you will almost always see a case where someone

0:42:46.000 --> 0:42:48.680
<v Speaker 1>has figured out something really interesting to do with technology,

0:42:48.760 --> 0:42:52.040
<v Speaker 1>or perhaps even really scary things they could do with technology,

0:42:52.400 --> 0:42:54.760
<v Speaker 1>and there are no laws to cover it because before

0:42:54.920 --> 0:42:57.560
<v Speaker 1>that person figured it out, it didn't exist. So you

0:42:57.600 --> 0:42:59.839
<v Speaker 1>don't write laws for stuff that doesn't exist. We don't

0:43:00.080 --> 0:43:04.200
<v Speaker 1>have a law saying listen, guys, I I just it's

0:43:04.280 --> 0:43:06.160
<v Speaker 1>keeping me up at night. We have got to write

0:43:06.160 --> 0:43:09.359
<v Speaker 1>a law about what happens in the case that the

0:43:09.440 --> 0:43:12.920
<v Speaker 1>Lochness Monster is real, gets out of Scotland, comes over

0:43:12.920 --> 0:43:15.040
<v Speaker 1>to New Jersey and starts to eat people. We need

0:43:15.080 --> 0:43:19.960
<v Speaker 1>a law to protect us from this potential catastrophe, right,

0:43:20.080 --> 0:43:23.920
<v Speaker 1>I'm ridiculous. Yeah, Like if we're senators, everyone in the

0:43:23.960 --> 0:43:26.640
<v Speaker 1>audience and you, Jonathan, myself, and then one of us

0:43:26.680 --> 0:43:30.640
<v Speaker 1>walks in and says, guys, I know that. I know

0:43:30.719 --> 0:43:33.120
<v Speaker 1>that we have some other issues coming up, and we

0:43:33.200 --> 0:43:36.240
<v Speaker 1>have to nominate this court justice, and there's an election

0:43:36.320 --> 0:43:40.000
<v Speaker 1>coming up. But I think we need to look into

0:43:40.000 --> 0:43:42.000
<v Speaker 1>the future and look at the big picture, which is

0:43:42.120 --> 0:43:46.960
<v Speaker 1>moon boot theft, right, because I don't want people shoeless

0:43:46.960 --> 0:43:49.640
<v Speaker 1>on the Moon when and if we build a colony there. Yeah,

0:43:49.640 --> 0:43:53.879
<v Speaker 1>I think arguing, for example, for robot rites right now

0:43:53.960 --> 0:43:56.480
<v Speaker 1>might be a little premature that kind of thing. Maybe

0:43:56.480 --> 0:43:59.000
<v Speaker 1>not forever, but for now, it's definitely it's good to

0:43:59.040 --> 0:44:02.360
<v Speaker 1>think about. But you know, you make a very astute

0:44:02.400 --> 0:44:06.320
<v Speaker 1>point when you say, if we're talking about codifying something

0:44:06.400 --> 0:44:09.880
<v Speaker 1>or codifying a law, then what happens is once the

0:44:10.000 --> 0:44:14.920
<v Speaker 1>Supreme Court rules on something like this and it becomes

0:44:15.040 --> 0:44:18.359
<v Speaker 1>a matter of law, it is much It is very,

0:44:18.480 --> 0:44:22.319
<v Speaker 1>very difficult to get that kind of ruling. The Supremes

0:44:22.320 --> 0:44:25.399
<v Speaker 1>are pretty busy people. Yep, they don't hear every case

0:44:25.440 --> 0:44:28.440
<v Speaker 1>that's brought before. They absolutely don't. And then but the

0:44:28.480 --> 0:44:31.000
<v Speaker 1>thing is, you think it's hard to get one of

0:44:31.080 --> 0:44:35.680
<v Speaker 1>the to get those justices to change the substance of

0:44:35.719 --> 0:44:39.879
<v Speaker 1>American jurisprudence. Imagine trying to get them to change it back.

0:44:40.000 --> 0:44:43.759
<v Speaker 1>This is like a Pandora's box Pandora's jar situation. Yeah,

0:44:43.800 --> 0:44:46.640
<v Speaker 1>now this is not not good. You don't want this

0:44:46.760 --> 0:44:50.360
<v Speaker 1>to happen for multiple reasons. Now, all that being said,

0:44:51.640 --> 0:44:54.319
<v Speaker 1>are our sympathies with the families of those who are

0:44:54.360 --> 0:44:57.440
<v Speaker 1>wounded and killed as a result of this mass shooting.

0:44:57.480 --> 0:45:01.440
<v Speaker 1>Absolutely I feel off for them. And if there were

0:45:01.480 --> 0:45:04.839
<v Speaker 1>any other way to get to that information that did

0:45:04.920 --> 0:45:09.160
<v Speaker 1>not require Apple to be complicit in destroying its own security,

0:45:09.800 --> 0:45:12.399
<v Speaker 1>I would be in favor of it. And in fact,

0:45:12.440 --> 0:45:14.840
<v Speaker 1>the FBI has taken such pains they got access to

0:45:14.840 --> 0:45:19.279
<v Speaker 1>the iCloud backups that this phone creates. The problem being

0:45:19.320 --> 0:45:21.480
<v Speaker 1>that the phone didn't have an iCloud backup for the

0:45:21.520 --> 0:45:25.319
<v Speaker 1>month leading up to the actual attacks, So there could

0:45:25.320 --> 0:45:27.680
<v Speaker 1>be information on the phone that's not on the cloud,

0:45:27.960 --> 0:45:30.359
<v Speaker 1>and that's why the FBI wants to get access to that.

0:45:30.520 --> 0:45:35.120
<v Speaker 1>I totally understand the reasoning behind it, but two things,

0:45:35.160 --> 0:45:39.080
<v Speaker 1>of course, keep me from being completely sympathetic. One is

0:45:39.120 --> 0:45:41.720
<v Speaker 1>that the FBI has for years been trying to get

0:45:42.080 --> 0:45:45.879
<v Speaker 1>backdoor access to multiple systems exactly. Yeah, So that so

0:45:46.440 --> 0:45:50.319
<v Speaker 1>you could argue that perhaps this mass shooting is being

0:45:50.520 --> 0:45:55.040
<v Speaker 1>leveraged cynically by the FBI in order to further their goals,

0:45:55.520 --> 0:46:00.440
<v Speaker 1>because it's hard to say no to such an emotionally

0:46:00.960 --> 0:46:06.040
<v Speaker 1>devastating event. Opportunistically, I would say, yeah, I do know,

0:46:06.360 --> 0:46:10.920
<v Speaker 1>I believe it. And this is just my personal opinion

0:46:11.600 --> 0:46:17.280
<v Speaker 1>based on again precedent. It is completely within the realm

0:46:17.320 --> 0:46:23.120
<v Speaker 1>of not only possibility but plausibility that an institution would

0:46:23.160 --> 0:46:27.160
<v Speaker 1>wait for an opportune time to make this this kind

0:46:27.280 --> 0:46:33.080
<v Speaker 1>of legislation, like the argument for Internet surveillance, based on saying, hey,

0:46:33.280 --> 0:46:36.000
<v Speaker 1>we need to protect people, we need to protect you

0:46:36.520 --> 0:46:43.000
<v Speaker 1>from inappropriate content and your children, think of the kids. Right, Really,

0:46:43.040 --> 0:46:45.440
<v Speaker 1>this is this is a lot of the same stuff

0:46:45.480 --> 0:46:48.759
<v Speaker 1>we heard in the wake of the Patriot Act. Absolutely

0:46:49.040 --> 0:46:52.080
<v Speaker 1>where a lot of people felt the Patriot Act was

0:46:52.239 --> 0:46:57.200
<v Speaker 1>a reactionary piece of legislation that was drafted far too

0:46:57.239 --> 0:47:00.319
<v Speaker 1>quickly and what had had reached far far are too

0:47:00.360 --> 0:47:06.120
<v Speaker 1>why for what it was proposing, what what everyone claimed

0:47:06.120 --> 0:47:10.719
<v Speaker 1>it was all about? Right, and uh, that was a

0:47:10.719 --> 0:47:14.560
<v Speaker 1>big mess. This is also potentially a really big mess.

0:47:14.600 --> 0:47:17.040
<v Speaker 1>And the Patriot Act, the substance of it was pretty

0:47:17.120 --> 0:47:20.520
<v Speaker 1>much had been written in advance. Yeah, yeah, which is

0:47:20.560 --> 0:47:24.080
<v Speaker 1>pretty like now that used to be a controversial statement,

0:47:24.120 --> 0:47:27.440
<v Speaker 1>but now it's acknowledged. Yeah, so this is this is uh,

0:47:27.600 --> 0:47:29.480
<v Speaker 1>I mean the fact that the FBI has had this

0:47:29.560 --> 0:47:33.839
<v Speaker 1>plan for a while, not this specific implementation, but this

0:47:34.080 --> 0:47:38.120
<v Speaker 1>desire to get this workaround access to things. And I mean,

0:47:38.160 --> 0:47:41.400
<v Speaker 1>I totally understand their point of view. Two, they're trying

0:47:41.440 --> 0:47:45.040
<v Speaker 1>to investigate things. It's not like the FBI is necessarily

0:47:45.080 --> 0:47:48.200
<v Speaker 1>made up of the cigarette smoking man and all of

0:47:48.200 --> 0:47:50.759
<v Speaker 1>his cronies. You know, I'm not I'm not going I don't.

0:47:50.840 --> 0:47:54.600
<v Speaker 1>I don't mean to to uh disparage then I don't

0:47:54.640 --> 0:47:57.040
<v Speaker 1>want to demonize them, Right, That's not That's not what

0:47:57.120 --> 0:48:00.400
<v Speaker 1>I'm trying to get at. Either. The FBI's intends may

0:48:00.480 --> 0:48:03.360
<v Speaker 1>in fact be nothing but noble that they want this

0:48:03.640 --> 0:48:09.480
<v Speaker 1>in the efforts to investigate, solve crime, prevent crime from happening,

0:48:09.920 --> 0:48:15.319
<v Speaker 1>and not in any way that is malevolent. However, the

0:48:15.360 --> 0:48:18.279
<v Speaker 1>fact remains, whether their intentions are noble or not, it

0:48:18.320 --> 0:48:22.880
<v Speaker 1>opens up this opportunity for people whose intentions are demonstrably

0:48:23.000 --> 0:48:27.600
<v Speaker 1>not noble to take advantage of those same opportunities. Well, yeah,

0:48:27.640 --> 0:48:29.600
<v Speaker 1>and you know, I'm glad you said that, because I

0:48:29.600 --> 0:48:31.520
<v Speaker 1>wanted to see something that I want to add to

0:48:31.560 --> 0:48:34.760
<v Speaker 1>this something that is rarely said when we talk about

0:48:35.640 --> 0:48:39.799
<v Speaker 1>government surveillance or concerns about privacy. Right, one thing that

0:48:39.920 --> 0:48:45.680
<v Speaker 1>is rarely said is that law enforcement agencies, law enforcement institutions,

0:48:45.719 --> 0:48:52.480
<v Speaker 1>and individuals in the US actually do quite an extraordinary

0:48:52.560 --> 0:48:56.080
<v Speaker 1>job compared to a lot of places. If you're fortunate

0:48:56.160 --> 0:48:58.080
<v Speaker 1>enough to grow up in a place that has rule

0:48:58.120 --> 0:49:00.960
<v Speaker 1>of law, where you can walk down this street in

0:49:01.000 --> 0:49:03.640
<v Speaker 1>the dark, or you can say you can say, uh,

0:49:03.920 --> 0:49:07.239
<v Speaker 1>you know, whomever your senator president is, you can go

0:49:07.320 --> 0:49:10.920
<v Speaker 1>on the internet and say I think they stink yeah,

0:49:10.920 --> 0:49:13.120
<v Speaker 1>I think you're in jerk. Yeah, I think you're the

0:49:14.200 --> 0:49:18.000
<v Speaker 1>piece of bologna with shoes. And then but in other countries,

0:49:18.080 --> 0:49:21.680
<v Speaker 1>we you know, people get arrested for that, people get imprisoned.

0:49:22.000 --> 0:49:25.399
<v Speaker 1>So we're not get a race, yes, like not just

0:49:26.080 --> 0:49:30.120
<v Speaker 1>arrested or imprisoned, but the government in some countries will

0:49:30.160 --> 0:49:32.960
<v Speaker 1>take steps to make it seem like that person was

0:49:33.000 --> 0:49:35.759
<v Speaker 1>never a person exactly. They'll keep the photos, but you

0:49:35.800 --> 0:49:38.960
<v Speaker 1>won't be in them. And I say that because it's

0:49:38.960 --> 0:49:43.120
<v Speaker 1>a sense of much needed perspective. However, you know, I'm

0:49:43.160 --> 0:49:51.200
<v Speaker 1>not demonizing the people who work at the FBI institutions,

0:49:51.239 --> 0:49:59.520
<v Speaker 1>whether private or public, seek power, they seek further influence.

0:49:59.520 --> 0:50:03.000
<v Speaker 1>And that's it's not because it's some sort of James

0:50:03.040 --> 0:50:08.400
<v Speaker 1>Bond super villain thing. It's not specter. And it's because

0:50:08.560 --> 0:50:14.440
<v Speaker 1>it allows for it allows for an easier, more efficient

0:50:14.600 --> 0:50:18.759
<v Speaker 1>pursuit of whatever the original mission would be. Right, all right,

0:50:18.760 --> 0:50:20.520
<v Speaker 1>we got a little bit more to say on this

0:50:20.560 --> 0:50:22.720
<v Speaker 1>topic before we get to that, though, Let's take another

0:50:22.800 --> 0:50:34.720
<v Speaker 1>quick break. Ben and I we both talk about things

0:50:34.719 --> 0:50:37.320
<v Speaker 1>that here at work where we say, gosh, I wish

0:50:37.320 --> 0:50:39.719
<v Speaker 1>we had X because it would make our lives so

0:50:39.800 --> 0:50:43.560
<v Speaker 1>much easier. Well, even if we got X, we would

0:50:43.600 --> 0:50:45.520
<v Speaker 1>come up with why. That would be the next one. Right,

0:50:46.040 --> 0:50:48.440
<v Speaker 1>we get X. X is awesome, X is helping us out.

0:50:48.480 --> 0:50:50.399
<v Speaker 1>We're like, oh man, it's so good to have X here.

0:50:50.480 --> 0:50:52.640
<v Speaker 1>But you know what, Yeah, it would be great if

0:50:52.680 --> 0:50:54.680
<v Speaker 1>we had WHY because if we had WHY, we could

0:50:54.719 --> 0:50:57.200
<v Speaker 1>really do our jobs. Well, we get why, and then

0:50:57.200 --> 0:51:00.520
<v Speaker 1>you know, man, X and why or work out like

0:51:00.560 --> 0:51:03.160
<v Speaker 1>a dream. But boy, if we had Z, can you

0:51:03.200 --> 0:51:06.359
<v Speaker 1>imagine the level we get to now what we do, Ben,

0:51:06.960 --> 0:51:11.680
<v Speaker 1>We make fun audio podcasts, videos and articles that go

0:51:11.840 --> 0:51:16.000
<v Speaker 1>on the intranet and that's awesome. And so really our

0:51:16.040 --> 0:51:22.120
<v Speaker 1>capacity to do horrible, horrible harm is fairly limited. I

0:51:22.160 --> 0:51:26.120
<v Speaker 1>mean in respect to how our jobs comparatively. Yeah, yeah, Nick. Granted,

0:51:26.120 --> 0:51:28.080
<v Speaker 1>if either of us wanted to go outside and just

0:51:28.080 --> 0:51:31.000
<v Speaker 1>start throwing Kingo pops popsicles at people, we could go

0:51:31.080 --> 0:51:34.920
<v Speaker 1>on a popsicle rampage havoc. But that's that's not job related.

0:51:36.280 --> 0:51:40.759
<v Speaker 1>The FBI, the CIA, the NSA, a lot of those

0:51:40.760 --> 0:51:46.360
<v Speaker 1>three letter organizations, in pursuit of what they need to

0:51:46.400 --> 0:51:51.440
<v Speaker 1>do in order to fulfill their their organization's mission, in

0:51:51.480 --> 0:51:55.840
<v Speaker 1>some cases will step over lines that we cannot allow

0:51:55.960 --> 0:52:00.160
<v Speaker 1>people to cross because it creates a system that is

0:52:00.200 --> 0:52:03.400
<v Speaker 1>at least as dangerous as whatever problem they're trying to solve.

0:52:03.600 --> 0:52:09.320
<v Speaker 1>You know. Another example of this is the the idea

0:52:10.000 --> 0:52:16.200
<v Speaker 1>that the idea of absolute prevention. Like you know, there

0:52:16.239 --> 0:52:20.719
<v Speaker 1>was the old conversation about tortures several years ago, when

0:52:20.840 --> 0:52:25.520
<v Speaker 1>it was the ticking time bomb argument, which was, should

0:52:25.560 --> 0:52:30.120
<v Speaker 1>torture be legal if there is a criminal in custody

0:52:30.320 --> 0:52:35.319
<v Speaker 1>who is suspected of having knowledge of another nine to

0:52:35.320 --> 0:52:40.000
<v Speaker 1>eleven here? Yeah? Yeah, Jack Bauer from twenty four kind

0:52:40.000 --> 0:52:45.600
<v Speaker 1>of argument, Should torture, while reprehensible, be allowed when it

0:52:45.640 --> 0:52:52.759
<v Speaker 1>gets results? And this, this kind of reasoning is dangerous.

0:52:52.880 --> 0:52:56.440
<v Speaker 1>Not I'm not saying that because of any desire to

0:52:56.480 --> 0:53:00.319
<v Speaker 1>see human tragedy, but I'm saying it's dangerous because of

0:53:00.360 --> 0:53:03.479
<v Speaker 1>the assumptions it makes. Yes, that a special case will

0:53:03.480 --> 0:53:07.360
<v Speaker 1>remain a special case, right, and that perhaps the next case,

0:53:07.360 --> 0:53:11.799
<v Speaker 1>which maybe isn't quite so special, like, well, you know,

0:53:12.680 --> 0:53:16.560
<v Speaker 1>we've done it before, so what's the deal here? Yeah?

0:53:16.640 --> 0:53:19.240
<v Speaker 1>I mean you were cool last time. What happens? Yeah?

0:53:19.280 --> 0:53:23.640
<v Speaker 1>So this is this is exactly why neither I think

0:53:23.640 --> 0:53:25.880
<v Speaker 1>I feel pretty strongly about this. I think I'm on

0:53:25.880 --> 0:53:28.960
<v Speaker 1>the right track that neither you nor I feel that

0:53:29.320 --> 0:53:32.319
<v Speaker 1>the FBI should win out in this particular case. I

0:53:32.360 --> 0:53:35.960
<v Speaker 1>think this is something where we really need to see

0:53:36.000 --> 0:53:39.360
<v Speaker 1>Apple come out on top. I am not a huge

0:53:39.400 --> 0:53:41.720
<v Speaker 1>fan of Apple. I don't own a lot of Apple

0:53:41.760 --> 0:53:46.120
<v Speaker 1>products I have. Apple does not sponsored this show. I'm

0:53:46.160 --> 0:53:49.600
<v Speaker 1>not getting any money from Apple. If anything, I'm losing

0:53:49.640 --> 0:53:52.319
<v Speaker 1>money to Apple because my wife is a fan. She

0:53:52.360 --> 0:53:54.880
<v Speaker 1>wants to get an Apple Watch, but I am not.

0:53:55.120 --> 0:53:58.879
<v Speaker 1>I'm not getting anything from Apple. I do think they're

0:53:58.880 --> 0:54:01.759
<v Speaker 1>in the right, but because I don't want to see

0:54:02.400 --> 0:54:06.480
<v Speaker 1>a precedent where a company that creates a secure system

0:54:07.040 --> 0:54:12.360
<v Speaker 1>has to be or can be compelled to compromise that security.

0:54:13.200 --> 0:54:16.719
<v Speaker 1>It defeats the purpose of the security. And whether it's

0:54:16.800 --> 0:54:21.760
<v Speaker 1>this case, which is extraordinary and very emotional, or something

0:54:22.000 --> 0:54:26.440
<v Speaker 1>much less impactful for the general public, maybe it's something,

0:54:26.680 --> 0:54:32.279
<v Speaker 1>you know, simpler and less dramatic. It doesn't matter. You

0:54:32.360 --> 0:54:37.160
<v Speaker 1>cannot You cannot go down that pathway and expect things

0:54:37.160 --> 0:54:39.399
<v Speaker 1>to turn out all right. You've got to figure out

0:54:39.440 --> 0:54:45.320
<v Speaker 1>other ways to do that kind of investigation. Either Apple

0:54:45.400 --> 0:54:50.560
<v Speaker 1>needs to go in a direction where they can they

0:54:50.600 --> 0:54:55.440
<v Speaker 1>can access user data without having to circumvent a security

0:54:55.480 --> 0:54:57.560
<v Speaker 1>system like this, which means they have to go backwards,

0:54:57.600 --> 0:55:01.440
<v Speaker 1>which can really is not a possibility, or Apple and

0:55:01.560 --> 0:55:06.600
<v Speaker 1>other companies have to create systems where it really is

0:55:07.440 --> 0:55:12.200
<v Speaker 1>impossible for them to access without the consent or the

0:55:12.680 --> 0:55:16.799
<v Speaker 1>actions of the owner of the device. I suspect that

0:55:16.880 --> 0:55:19.920
<v Speaker 1>every company is rushing to develop that kind of approach

0:55:20.000 --> 0:55:22.160
<v Speaker 1>right now, because none of them want to be in

0:55:22.160 --> 0:55:28.160
<v Speaker 1>this position where Facebook, Google, Microsoft all publicly showed support

0:55:28.200 --> 0:55:32.439
<v Speaker 1>for Apple. Apple right now is um you know, part

0:55:32.440 --> 0:55:37.240
<v Speaker 1>of Apple hired a dev that worked on Edward Snowden's

0:55:37.239 --> 0:55:41.719
<v Speaker 1>favorite messaging app, obviasually. Yeah, and I don't know how

0:55:41.800 --> 0:55:44.640
<v Speaker 1>much of that is meant to be like a pr move.

0:55:44.960 --> 0:55:50.520
<v Speaker 1>But also they have, um, you know, the leaked Snowden

0:55:50.600 --> 0:55:53.120
<v Speaker 1>papers are out there, and I know I'm harping on them.

0:55:53.160 --> 0:55:57.000
<v Speaker 1>It revealed an ugly behind the scenes look at corporate

0:55:57.120 --> 0:56:01.640
<v Speaker 1>involvement with government request for surveyor you know, so the

0:56:01.719 --> 0:56:11.239
<v Speaker 1>average consumer you me, h, Gary Busey whomever. We have

0:56:11.360 --> 0:56:15.640
<v Speaker 1>much less trust in general in these companies because we

0:56:15.719 --> 0:56:20.920
<v Speaker 1>have a reason not to trust them. Well, we have

0:56:21.120 --> 0:56:26.480
<v Speaker 1>handed over so much of our own personal data. We

0:56:26.560 --> 0:56:29.880
<v Speaker 1>trust that the devices that hold that personal data aren't

0:56:29.920 --> 0:56:37.080
<v Speaker 1>going to just give that away to whatever entity without

0:56:37.120 --> 0:56:39.880
<v Speaker 1>our consent. We trust that that's not going to happen.

0:56:40.560 --> 0:56:43.480
<v Speaker 1>When things like this pop up where we start to

0:56:43.560 --> 0:56:48.200
<v Speaker 1>question that trust, that's problematic. There's someone else that Apple

0:56:48.239 --> 0:56:52.560
<v Speaker 1>has recently hired, Ted Olson. Does that name sound familiar

0:56:52.560 --> 0:56:57.480
<v Speaker 1>to you, Ted? Ted Olson's a lawyer. So Ted Olsen's

0:56:57.520 --> 0:57:00.319
<v Speaker 1>going to be representing Apple. Ted Olson's probably best known

0:57:00.400 --> 0:57:05.440
<v Speaker 1>for representing George W. Bush in the Bush versus Gore

0:57:05.800 --> 0:57:10.239
<v Speaker 1>election fallout. You know, for those of you in the

0:57:10.320 --> 0:57:14.040
<v Speaker 1>United States, when when Bush was running against Gore, there

0:57:14.160 --> 0:57:18.480
<v Speaker 1>was this whole battle about, you know, voting recounts, voting recounts,

0:57:19.840 --> 0:57:24.240
<v Speaker 1>and Olsen represented w George W. Bush on that and

0:57:24.400 --> 0:57:27.560
<v Speaker 1>Bush ended up winning that. So now he's representing Apple

0:57:27.640 --> 0:57:32.840
<v Speaker 1>in this particular battle with the FBI. So interesting to

0:57:32.880 --> 0:57:37.880
<v Speaker 1>see these kinds of personalities involved in this. And now

0:57:37.920 --> 0:57:42.520
<v Speaker 1>I know that with the public perception it's been a

0:57:42.560 --> 0:57:46.080
<v Speaker 1>little c saw ish, but general public, I would argue

0:57:46.080 --> 0:57:48.520
<v Speaker 1>the people who are not necessarily paying attention to the

0:57:48.560 --> 0:57:51.240
<v Speaker 1>text sphere, I think a lot of them are citing

0:57:51.280 --> 0:57:55.360
<v Speaker 1>with the FBI because it's a terrorist story. It's a

0:57:55.400 --> 0:58:00.280
<v Speaker 1>story about trying to establish the most information of about

0:58:00.320 --> 0:58:03.720
<v Speaker 1>these these shooters as possible. Sure, do you think so? Though?

0:58:03.880 --> 0:58:06.640
<v Speaker 1>I do? I think that I think at least a

0:58:06.680 --> 0:58:08.720
<v Speaker 1>lot of polls that I've seen leading up to today,

0:58:09.680 --> 0:58:12.640
<v Speaker 1>the general public tends to side with the FBI because

0:58:12.640 --> 0:58:15.520
<v Speaker 1>the FBI has a very emotional story. Apple's story is

0:58:15.600 --> 0:58:22.200
<v Speaker 1>much more rationally based, intellectually based, and the FBI story

0:58:22.880 --> 0:58:30.280
<v Speaker 1>is is penned on this event, this very emotionally charged Eventum.

0:58:30.760 --> 0:58:32.400
<v Speaker 1>I don't know that that's going to continue. I think.

0:58:32.480 --> 0:58:34.720
<v Speaker 1>I think people who are savvy in the text sphere,

0:58:35.560 --> 0:58:37.960
<v Speaker 1>I think the majority of them side with Apple. But

0:58:38.040 --> 0:58:40.440
<v Speaker 1>it's still because it's still it goes back to the

0:58:40.520 --> 0:58:45.680
<v Speaker 1>taking time bomb argument, you know. Yeah, yeah, So this

0:58:45.760 --> 0:58:48.200
<v Speaker 1>is one of the stories that we definitely had to cover.

0:58:48.320 --> 0:58:50.640
<v Speaker 1>I mean, obviously it's it's such a huge it's probably

0:58:50.680 --> 0:58:54.200
<v Speaker 1>the biggest story in tech right now as we record this. Um,

0:58:54.360 --> 0:58:57.760
<v Speaker 1>And I'm glad that you could join, maybeen to chat

0:58:57.760 --> 0:59:00.320
<v Speaker 1>about this, to kind of give your your insight as well,

0:59:00.840 --> 0:59:04.680
<v Speaker 1>and to talk about why this is so important not

0:59:04.760 --> 0:59:08.600
<v Speaker 1>just from a technology standpoint, but just a philosophical standpoint

0:59:09.120 --> 0:59:13.320
<v Speaker 1>in a matter of law as well. Okay, that concludes

0:59:13.400 --> 0:59:17.200
<v Speaker 1>that twenty sixteen episode on Apple versus the FBI. As

0:59:17.240 --> 0:59:20.840
<v Speaker 1>I mentioned in the intro, this is an ongoing issue,

0:59:21.000 --> 0:59:25.200
<v Speaker 1>and it's not just about accessing physical devices. There have

0:59:25.280 --> 0:59:29.160
<v Speaker 1>also been lots of attempts from the FBI and other

0:59:29.240 --> 0:59:32.680
<v Speaker 1>agencies to convince companies like Apple to give them backdoor

0:59:32.760 --> 0:59:37.600
<v Speaker 1>access to otherwise encrypted forms of communication. As I have

0:59:37.680 --> 0:59:42.520
<v Speaker 1>said repeatedly in various episodes, this is a terrible idea.

0:59:42.680 --> 0:59:48.400
<v Speaker 1>Anytime you create a purposeful backdoor to an otherwise secure system,

0:59:48.440 --> 0:59:52.320
<v Speaker 1>assuming that that is even possible, because it's not always possible.

0:59:52.880 --> 0:59:55.960
<v Speaker 1>But if you do that, all you have done is

0:59:56.000 --> 1:00:00.640
<v Speaker 1>really introduced a vulnerability. You have created a huge target

1:00:01.000 --> 1:00:04.440
<v Speaker 1>for every hacker out there that is that wants to

1:00:04.480 --> 1:00:08.760
<v Speaker 1>be able to infiltrate that system because you have created

1:00:08.960 --> 1:00:13.240
<v Speaker 1>a work around through the otherwise legitimate way to send

1:00:13.320 --> 1:00:16.600
<v Speaker 1>encrypted data back and forth. It is never a good

1:00:16.640 --> 1:00:20.320
<v Speaker 1>idea to do that. It just it decreases security rather

1:00:20.400 --> 1:00:25.280
<v Speaker 1>than increases it. And so this is an ongoing issue

1:00:25.560 --> 1:00:31.040
<v Speaker 1>between investigative agencies and tech companies. I don't expect we're

1:00:31.040 --> 1:00:33.360
<v Speaker 1>going to see it go away anytime soon. There will

1:00:33.400 --> 1:00:36.480
<v Speaker 1>always be a struggle but I sure hope that we

1:00:36.560 --> 1:00:39.240
<v Speaker 1>never get to a point where more and more tech

1:00:39.280 --> 1:00:43.520
<v Speaker 1>companies begin to introduce these backdoors, because it just makes

1:00:43.560 --> 1:00:46.640
<v Speaker 1>everyone less safe in the long run. If you have

1:00:46.680 --> 1:00:49.080
<v Speaker 1>suggestions for topics I should cover in future episodes of

1:00:49.080 --> 1:00:51.080
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1:00:51.600 --> 1:00:54.760
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1:00:54.840 --> 1:00:57.280
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1:01:00.120 --> 1:01:02.400
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1:01:02.600 --> 1:01:04.560
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1:01:04.600 --> 1:01:06.440
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1:01:06.480 --> 1:01:09.360
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1:01:11.720 --> 1:01:15.280
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1:01:15.280 --> 1:01:24.600
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