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Apple Wins Court Battle Against FBI, and the Immorality of the Surveillance State is Exposed

in Liberator Online, News You Can Use, Personal Liberty, Property Rights by Comments are off

 Apple Wins Court Battle Against FBI, and the Immorality of the Surveillance State is Exposed

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As privacy advocates urge the federal government to stop pressuring Apple to create a backdoor to its iPhone, a move that would essentially undermine the company’s own encryption software, the company has just won big in a federal court.

iPhoneAccording to The Intercept, the ongoing battle between the tech company and the surveillance state could turn out bitter for the federal agency since a New York federal magistrate judge has just rejected one of the US government’s requests.

The criminal case involves an iPhone whose encrypted system has put its data out of the reach of the FBI. Apple was asked to aid investigators, but Magistrate Judge James Orenstein ruled against the government’s request.

The iPhone in question belongs to Jun Feng. Back in October, he pleaded guilty to drug charges. While the Drug Enforcement Administration seized Feng’s phone, it claimed it was unable to access its data. As both the DEA and the FBI tried to break the code, they also claimed they were unable to overcome Apple’s security measures.

As a result, a motion was filed, and the company was ordered to assist the investigation “under the authority of the All Writs Act,” a piece of legislation that is also being used by the FBI to force Apple to help investigators with the phone belonging to the San Bernardino killers.

Apple rejected the request on both cases. According to The Intercept, the government has requested the company to aid investigators in at least nine other occasions.

Using previous decisions pertaining to the interpretation of the All Writs Act, Judge Orenstein concluded that “imposing on Apple the obligation to assist the government’s investigation against its will” was not justified by the law. The question raised by the government’s requests, Judge Orenstein added, is whether the All Writs Act gives a court the power to compel Apple to perform work that goes against its will. Apple, the private party in the matter, has no alleged involvement with the criminal activity involving Feng, therefore the federal government has no legal means to compel Apple to create a backdoor to its product.

To Glenn Greenwald, the privacy advocate and journalist involved with the dissemination of information leaked by former NSA contractor Edward Snowden, Orenstein’s ruling clarifies that the purpose of the request put forth by the FBI is not directly tied to the data evidence. Instead, Greenwald argues, FBI wants to broaden its authority, giving the federal government precedential authority to force other tech companies to undermine their own security systems in future investigations.

To privacy—and liberty—advocates, Apple’s decision makes sense.

In an article for the Foundation for Economic Education, Andrea Castillo explains that Apple has decided to put its consumers first. A move that goes against the attitude embraced by many corporations that “serve as quiet collaborators for the surveillance state to avoid retribution from the government.”

To Dr. Ron Paul, the former congressman and founder of the Ron Paul Institute for Peace and Prosperity, the United States is not East Germany. Complying with the FBI’s order would represent a major threat to liberty.

If Greenwald is right, the recent court ruling could help privacy advocates in their fight against the federal government’s overreach. But is the over reliance on the courts the best move?

Reps. Justin Amash (R-MI) and Thomas Massie (R-KY) have both claimed that the FBI’s request is unconstitutional. The recent court ruling may confirm the fact the FBI wanted more than a simple aid in their investigations, but the fact the requests were unconstitutional—and immoral—should be enough to give anyone enough reasons to say no to the surveillance state.

Online Liberty Campaign: “Reset The Net” on June 5, 2014

in Liberator Online by James W. Harris Comments are off

(From the Intellectual Ammunition section in Volume 19, No. 8 of the Liberator Online. Subscribe here!)

Sick of government surveillance spoiling the freedom and fun of the Internet?

Reset The NetYou’re not alone. And now there’s something you can do about it.

On June 5th, 2014 — the anniversary of the first NSA surveillance story revealed by whistleblower Edward Snowden — a worldwide coalition of tens of thousands of Internet users, companies and organizations is pledging to “Reset The Net.”

Reset The Net is a day of global action to secure and encrypt the web to shut out the government’s mass surveillance capabilities. Tens of thousands of Internet activists, companies and organizations — from across the political spectrum and across the technology industry — have committed to preserve free speech and basic rights on the Internet by taking simple steps to shut off the government’s mass surveillance capabilities. And you can join them.

Participating organizations, sites and companies include the Libertarian Party, Fight For The Future (who initiated the campaign), reddit, CREDO Mobile, Namecheap, Imgur, Greenpeace, FireDogLake, Thunderclap, DuckDuckGo, Disconnect.Me, Demand Progress, Access, Free Press, Restore the Fourth, AIDS Policy Project, PolitiHacks, OpenMedia, Free Software Foundation, Bill of Rights Defense Committee, Code Pink, Popular Resistance, Participatory Politics Foundation, BoingBoing, Public Knowledge, Amicus, New America Foundation’s Open Technology Institute, Progressive Change Campaign Committee, Student Net Alliance, and the Center for Democracy and Technology.

These and other organizations will participate by publicizing the effort and by improving their own security and/or promoting privacy tools to their followers.

Individual Internet users can act with Reset The Net in several important ways. They can get and install a free “privacy pack” of safe open-source software tools that make end-to-end encryption easy, as well as learning other ways to secure their online life against intrusive surveillance. Information on how to do this will be available from Reset The Net.

Individuals are also invited to sign a petition supporting online freedom and pledging to participate in the campaign. So far nearly 20,000 people have done so. Reset The Net hopes to have at least 50,000 signatures by the June 5 kick-off date.

Reset The Net will offer supporters a splash screen they can run at their web sites on June 5. These screens will potentially reach millions with a call for privacy and a link to the privacy tools pack.

Twitter users can join the #ResetTheNet Twitter brigade to further publicize the idea. Still more suggestions are at the Reset The Net website.

“The NSA is exploiting weak links in Internet security to spy on the entire world, twisting the Internet we love into something it was never meant to be,” says Reset The Net. “We can’t stop targeted attacks, but we can stop mass surveillance, by building proven security into the everyday Internet.”

For more information watch the short ResetTheNet.org campaign video and visit ResetTheNet.org.

“The Libertarian Party enthusiastically joins Reset the Net,” said Carla Howell, Political Director for the Libertarian National Committee. “Over thirty Libertarian candidates running for federal office this year have pledged to shut down the NSA and invite Edward Snowden to return home a free man. He should be granted an immediate presidential pardon, awarded the American Medal of Freedom, and applauded for blowing the whistle on the NSA’s abuse of the Constitution.”

“Freedom to be yourself is everything. No government can take that away from us, so we’re going to use the power we have to take it back,” said Tiffiniy Cheng, co-founder of Fight for the Future. “Now that we know how mass surveillance works, we know how to stop it. That’s why people all over the world are going to work together to use encryption everywhere and make it too hard for any government to conduct mass surveillance. There are moments in history where people and organizations must choose whether to stand on the side of freedom or tyranny. On June 5th, the Internet will show which side it’s on.”