Papers and Articles on Encryption and the FBI/Apple Dispute

Compiled by Dr. John E. Savage Brown University Providence, RI

Dr. Kamlesh Bajaj NIIT University Neemrana, India

Outline of the Dispute

The following day in a letter entitled A Message to Our Customers Tim Cook, Apples's CEO, explains his refusal to comply. He said that for Apple to satisfy the FBI's request would require it to write a new version of its operating system, which, once it was produced, could be used to unlock all of its recently sold phones. Furthermore, governments all over the world could demand access to it. This would have the effect of violating the security of personal of information stored on all of these phones.

A New York Times summary of the case as of March 22, 2016 is here.

Commentary on the Apple vs FBI Issue

• Apple Can Comply with the FBI Court Order, Trail of Bits Blog, by Dan Guido, February 18, 2016
  
  In this article, Dan Guido provides a detailed technical argument showing that Apply can comply with the court order but, to do so, it must use its secret key (in a Public Key Encryption system) to "sign" the new version of the iOS operating system so that it will be approved by the iPhone hardware and downloaded when a transfer to the phone is attempted.

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• Preliminary thoughts on the Apple iPhone order in the San Bernardino case: Part 2, the All Writs Act, by Orin Kerr, The Washington Post, Febuary 19, 2016.
  
  "This is the second post in the series. It focuses on the existing law on whether a court has the power under All Writs Act to order Apple's assistance. ... This post explores what we know and don't know about whether the AWA authorizes the Apple order. ... I don't know which side should win. Part of the reason is that I'm waiting on development of the facts. But as this post has showed, part of the problem is that the scope of authority under the AWA is just very unclear as applied to the Apple case. This case is like a crazy-hard law school exam hypothetical in which a professor gives students an unanswerable problem just to see how they do."

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• Analyzing Apple's Argument that First Amendment Applies to Its Code, by Steve Lohr, New York Times, February 25, 2016.
  
  "Computer code is incomprehensible to anyone without programming skills, but Apple argued in a court filing on Thursday that code is a form of speech. So, the company contends, the government's order to crack a locked iPhone used by one of the San Bernardino killers would violate Apple's First Amendment rights."

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• Apple Goes to Court, and F.B.I. Presses Congress to Settle iPhone Privacy Fight, by Katie Benner, Eric Lichtblau and Nick Wingfield, New York Times, February 25, 2016.
  
  "The legal wrangling over a federal court order requiring Apple to help law enforcement break into an iPhone intensified Thursday, with the company filing its formal response and asking the court to drop its demand. Other technology companies — Microsoft, Google, Twitter, Facebook and Yahoo — also moved to throw their weight behind Apple in court. The companies said they planned to file one or more briefs backing Apple next week in federal court in California. ... "The larger question isn't going to be answered in the courts, and shouldn't be," James B. Comey Jr., the FBI director, said in a hearing of the House Intelligence Committee earlier on Thursday. "It's really about who do we want to be as a country and how do we want to govern ouseelves."

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• Court filings:
  • The court order filed by Apple on February 25, 2016.
  • EFF and 46 Technology Experts Ask Court To Throw Out Unconstitutional Apple Order, March 3, 2016

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• Just One Issue Matters in the Clash Between Apple and the FBI by Christopher Mims, Wall Street Journal, February 25, 2016
  
  "At the heart of the contest between Apple and the FBI is the fact that if a judge agrees, Apple can be forced to make the data on any iPhone available to any law-enforcement agency that demands it. Since Apple has admitted it can build sotware to do this, how it is accomplished is immaterial, save to a handful of lawyers and judges. ... A more sophisticated tracking and spying device than the smartphone you carry in your pocket every day has never been invented. Do we want a legal precedent that can transform the 'Internet of Things' into an 'Internet of Surveillance'?"

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• The Feds Are Wrong to Warn of "Warrant-Proof" Phones by Woodrow Hartzog, MIT Technology Review, March 17, 2016
  
  "Throughout history, communications have mainly been ephemeral. We need to be sure we can preserve that freedom."

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• Ready to Rumble, Apple vs. FBI: Privacy and security hang in the balance, says privacy expert Lisa Sotto, SC Magazine, April, 2016
  
  "'It should never have escalated to this, privacy should have been addressed,' says Lisa Sotto, managing partner in the New York office of Hunton & Williams, who focuses on privacy and cybersecurity issues. The government, she says, should have 'worked with tech companies to craft policies and processes.' But escalated it has into what Justin Harvey, chief security officer for Fidelis Cybersecurity, calls 'a landmark case,' noting that he is 'aware of people getting compelled to unlock a phone, but I've never heard of a manufacturer being ordered to decrypt something by court order.'

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• The real security issues of the iPhone case, by Susan Landau, Science, June 17, 2016
  
  "This article is based on S. Landau, Testimony, House of Representatives Committee on the Judiciary, 'The encryption tightrope: Balancing Americans' security and privacy,' 1 March 2016."

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Overview

• A brief history of U.S. encryption policy, Jack Karsten and Darrell M. West, Brookings, April 19, 2016.

Going Dark versus Encryption

• Going Dark: Are Technology, Privacy, and Public Safety on a Collision Course?, A Conversation with FBI Director James Comey, Brookings Institution, Washington, DC, October 16, 2014. A transcript of the talk can be found on the FBI website here.
  
  "I wanted to meet with you to talk in a serious way about the impact of emerging technology on public safety. And within that context, I think it's important to talk about the work we do in the FBI, and what we need to do the job you have entrusted us to do. There are a lot of misconceptions in the public eye about what we in the government collect and the capabilities we have for collecting information. My job is to explain and clarify where I can with regard to the work of the FBI. But at the same time, I want to get a better handle on your thoughts, because those of us in law enforcement can't do what we need to do without your trust and your support. We have no monopoly on wisdom."

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• Lawful Hacking: Using Existing Vulnerabilities for Wiretapping on the Internet, by Steven M. Bellovin, Matt Blaze, Sandy Clark, and Susan Landau, Northwestern Journal of Technology and Intellectual Property, Volume 12, Issue 1, 2014.
  
  "In this paper, we explore the viability and implications of an alternative method for addressing law enforcements need to access communications: legalized hacking of target devices through existing vulnerabilities in end-user software and platforms. The FBI already uses this approach on a small scale; we expect that its use will increase, especially as centralized wiretapping capabilities become less viable."

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• Keys Under Doormats: Mandating Insecurity by Requiring Government Access to All Data and Communications by H. Abelson, R. Anderson, S. M. Bellovin, J. Benaloh, M. Blaze, W. Diffie, J. Gilmore, M. Green, S. Landau, P. G. Neumann, R. L. Rivest, J. I. Schiller, B. Schneier, M. Specter, and D. J. Weitzner, Computer Science and Artificial Intelligence Laboratory, MIT, Report MIT-CSAIL-TR-2015-026, July 6, 2015.
  
  "We have found that the damage that could be caused by law enforcement exceptional access requirements would be even greater today than it would have been 20 years ago. In the wake of the growing economic and social cost of the fundamental insecurity of today's Internet environment, any proposals that alter the security dynamics online should be approached with caution. Exceptional access would force Internet system developers to reverse forward secrecy design practices that seek to minimize the impact on user privacy when systems are breached. The complexity of today's Internet environment, with millions of apps and globally connected services, means that new law enforcement requirements are likely to introduce unanticipated, hard to detect security flaws. Beyond these and other technical vulnerabilities, the prospect of globally deployed exceptional access systems raises difficult problems about how such an environment would be governed and how to ensure that such systems would respect human rights and the rule of law."

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• The Need for Ubiquitous Data Encryption, by Mike McConnell, Michael Chertoff and William Lynn, Washington Post, July 28, 2015
  
  "We recognize the importance our officials attach to being able to decrypt a coded communication under a warrant or similar legal authority. But the issue that has not been addressed is the competing priorities that support the companie's resistance to building in a back door or duplicated key for decryption. We believe that the greater public good is a secure communications infrastructure protected by ubiquitous encryption at the device, server and enterprise level without building in means for government monitoring."

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• NSA Hacker Chief Explains How to Keep Him Out of Your System, by Kim Zetter, WIRED, January 28, 2016
  
  Rob Joyce, head of NSA's Tailored Access Operations, explains on a video that TAO rarely needs to break encryption to break into a computer system.

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• Don't Panic: Making Progress on the "Going Dark" Debate, The Berkman Center for Internet & Society, Harvard University, February 1, 2016.
  
  "We argue that communications in the future will neither be eclipsed into darkness nor illuminated without shadow. Market forces and commercial interests will likely limit the circumstances in which companies will offer encryption that obscures user data from the companies themselves, and the trajectory of technological development points to a future abundant in unencrypted data, some of which can fill gaps left by the very communication channels law enforcement fears will "go dark" and beyond reach."

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• FBI director: Encryption 'the hardest question I've seen in government', The Hill, February 25, 2016.
  
  "I think the larger question is not going to be answered in the courts and shouldn't be, because it's really about who do we want to be and how do we want to govern outselves," Comey said duirng a Hourse Intelligence Committee hearing on Thursday. Comey said Thursday that it is not his intention to undermine online privacy for forcing policy changes. "I've been very keen to keep the Bureau ot of the policy-making business. I think our role is to make folks understand what are the costs associated with moving to a world of universal strong encryption," Comey said. "I love encrytion. I love privacy," he added.

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• The Encryption Wars and Privacy Shield, The Cybersecurity Podcast, New America.
  
  At 50 minutes into this hour-long podcast General Hayden explains his position concerning end-to-end encryption.

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• Here are seven articles describing techniques that can be used to break the security of the iPhone.
  • Who Needs Apple When the FBI Could Hack Terrorist iPhone Itself, by Selina Wang, March 4, 2016, BloombergBusiness.

    This article quotes a cybersecurity researcher who says that "the FBI could learn something from back-alley techies in China who break into iPhones all the time." They replace memory chips of low capacity with chips of higher capacity. He believes this idea could be used to facilitate cracking the iPhone.

    The article also observes "All systems contain flaws and they continue to be found every month in Apple's software, according to Jason Syversen, a former manager at the Defense Advanced Research Projects Agency (DARPA) and now chief executive officer of cyber security firm Siege Technologies."

  • Chip Hacking Might Help FBI Unlock iPhones by Robert McMillan, March 3, 2016, The Wall Street Journal

    The author describes a "long shot" approach to breaking the security of an iPhone. He proposes using an ion beam to strip away layers of a chip on the phone so that the internal secret key can be read.

  • 4 New Ways to Bypass Passcode Lock Screen on iPhones, iPads running iOS 9 by Darlene Storm, COMPUTERWORLD, March 7, 2016

    Some of these techniques may not be available on iOS versions later than 9.3.3.

  • The FBI Could Have Saved Money with this iPhone 5c Hack: A Technique Known as NAND Mirroring Can Bypass the Phone's Passcode Limit by Michael Kan, COMPUTERWORLD, September 15, 2016.

  • iPhone Forensics Experts Demonstrate Basic Proof Of Concept That The iPhone Hack The FBI Says 'Doesn't Work' Actually Does Work, techdirt, March 28, 2016.

    Jonathan Zdziarski has a video that shows that NAND mirroring works.

  • That's the way to do it: A Cambridge don shows the FBI how to save money on phone hacking, The Economist, September 22, 2016.

    Sergei Skorobogatov, a computer scientist at Cambridge University, gives another proof that NAND mirroring works.

  • Securing Phones and Securing Us (Revisited), by Susan Landau, Lawfare, September 15, 2016.

    Susan Landau comments on Skorobogatov's technique and its legal implications.

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• Update: FBI says it may have found a way to crack shooter's iPhone, COMPUTERWORLD, by James Niccolai, March 21, 2016.
  
  The article suggests that the FBI may have learned of a way to clone the memory of the iPhone.

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• 5 Ways Cyber Experts Think the FBI Might Have Hacked the San Bernardino iPhone, by Amy Nordrum, IEEE Spectrum, April 5, 2016.
  
  The article suggests that the FBI may have learned of a way to clone the memory of the iPhone.

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• The FBI paid more than $1 million to crack the San Bernardino iPhone by Mark Berman and Matt Zapotosy, The Washington Post, April 21, 2016.
  
  "FBI Director James Comey suggested Thursday that the bureau paid more than $1 million to access an iPhone belonging to one of the San Bernardino attackers, the first time the agency has offered a possible price tag in the high-profile case."

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• Going Dark, Going Forward: A Primer on the Encryption Debate, Report by the Majority Staff of the Homeland Security Committee of the US House of Representatives, June 2016. (Note: You may have trouble printing the first two pages of this report.)
  
  "The Committee has produced this primer to briefly describe important themes and considerations surrounding the widespread use of encryption technologies including the practical and economic value encryption brings to certain industries and the wider market; the impact ubiquitous encryption is having on law enforcement; the ways in which various governments around the world are responding to this challenge; and a discussion of some existing legislative proposals. Finally, this document explains why future progress in addressing these challenges will likely depend on a more formal national discussion involving the necessary stakeholders in the form of a national commission on digital security."

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• FBI Hacker Says Apple Are 'Jerks' and 'Evil Geniuses' for Encrypting iPhones: An FBI forensic expert lambasted Apple for making iPhones hard to hack into by Lorenzo Franceschi-Bicchierai, Motherboard, January 10, 2018
  
  "Ever since Apple made encryption default on the iPhone, the FBI has been waging a war against encryption, complaining that cryptography so strong the company itself can't break it makes it harder to catch criminals and terrorists.
  On Wednesday, at the the International Conference on Cyber Security in Manhattan, FBI forensic expert Stephen Flatley lashed out at Apple, calling the company "jerks," and "evil geniuses" for making his and his colleagues' investigative work harder. For example, Flatley complained that Apple recently made password guesses slower, changing the hash iterations from 10,000 to 10,000,000."
• FBI chief calls encryption a 'major public safety issue' by Ellen Nakashima, The Washington Post, January 9, 2018

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• Rosenstein's 'Responsible Encryption" Proposal is Nonsense, Privacy Expert Says by Jack Corrigan, Nextgove, February 1, 2018

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• Justice Dept. Revives Push to Mandate a Way to Unlock Phones by Charlie Savage, The New York Times, March 24, 2018

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• FBI sought iPhone order before exhausting options: U.S. inspector general by Dustin Volz, Reuters, March 27, 2018

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• Justice Dept. Revives Push to Mandate a Way to Unlock Phones by Charlie Savage, The New York Times, March 24, 2018

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• Justice Department faces uphill battle over encryption by Joe Uchill, Axios, March 29, 2018

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• Deputy AG Rod Rosenstein is Still Calling for an Encryption Backdoor by Lily Hay Newman, Wired, November 29, 2018

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• Encryption and Surveillance: Why the law-enforcement access question will not just go away. by Joan Feigenbaum, CACM, Vol. 62, No. 5, May 2019

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• The Cybersecurity 202: Federal agencies are spending millions to hack into locked phones by Joseph Marks, The Washington Post, May 13, 2019

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• The Unsettling War Against Encryption by A man who SNAPS!, Medium, July 27, 2019

  The battle for and against encryption is not even a new one. Every couple of years it seems to rubber-band back into public light, either through a tragic event, a whistle-blower leak, or just angry politicians and exasperated Law Enforcement Agencies. ... [A]s our world became more and more connected, security issues became more prevalent. ... There is no such thing as a "Good Guy" only backdoor to technology. ... The problem ... is that [once you build in a vulnerability] you have also forfeited all control over who can find and .. exploit this vulnerability.

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• Former FBI General Counsel Jim Baker Chooses Encryption Over Backdoors, Cryptogram, Bruce Schneier, October 10,, 2019
  Basically, he argues that the security value of strong encryption greatly outweighs the security value of encryption that can be bypassed. He endorses a 'defense dominant' strategy for Internet security.

  Keep in mind that Baker led the FBI's legal case against Apple regarding the San Bernardino shooter's encrypted iPhone. In writing this piece, Baker joins the growing list of former law enforcement and national security senior officials who have come out in favor of strong encryption over backdoors: Michael Hayden, Michael Chertoff, and Michael Chertoff, Richard Clarke, Ash Carter, Mike McConnell, Michael Chertoff and William Lynn.

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• End-to-End Encryption and Law Enforcement Access to Data Can Coexist, Justice Official Says by Mariam Baksh, NextGove, February 25, 2020
  I don't mean to suggest that there should be some encryption that's very encrypted, and something that's less encrypted or anything like that. What I mean to say is everything should be strongly encrypted but there should be a way for the government to get access to that data with a court order.

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• The Justice Department is giving up on an encryption truce with Big Tech by Joseph Marks, The Washington Post, February 25, 2020

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• Congress, Justice Department take aim at tech, hoping to halt spread of child sexual exploitation online: Lawmakers in particular are contemplating major changes to Section 230, the law that protects internet companies from liability for what users post by Tony Romm, The Washington Post, March 3, 2020

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Encryption Technologies

• A Worldwide Survey of Encryption Products, by Bruce Schneier, Schneier on Security, February 11, 2016.
  
  "Data security is a worldwide problem, and there is a wide world of encryption solutions available to help solve this problem. Most of these products are developed and sold by for-profit entities, although some are created as free open-source projects. They are available, either for sale or free download, all over the world.
  
  In 1999, a group of researchers from George Washington University attempted to survey the worldwide market for encryption products. The impetus for their survey was the ongoing debate about US encryption export controls. By collecting information about 805 hardware and software encryption products from 35 countries outside the US, the researchers showed that restricting the export of encryption products did nothing to reduce their availability around the world, while at the same time putting US companies at a competitive disadvantage in the information security market.
  
  Seventeen years later, we have tried to replicate this survey."

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• Crypto Crumple Zones: Enabling Limited Access Without Mass Surveillance by Charles V. Wright and Mayank Varia, 2018 IEEE European Symposium on Security and Privacy, April 22-24, 2018
  
  A brief summary of this paper can be found here.

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Solutions to the iPhone Encryption Problem

• Cops Around the Country Can Now Unlock iPhones, Records Show by Joseph Cox, Motherboard, April 12, 2018
  
  A Motherboard investigation has found that law enforcement agencies across the country have purchased GrayKey, a relatively cheap tool for bypassing the encryption on iPhones, while the FBI pushes again for encryption backdoors.

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• Meet Apple's Security Headache: The GrayKey, a Startup's iPhone-Hacking Box by Robert McMillan, The New York Times, June 14, 2018
  
  Apple is punching back at Grayshift, maker of the GrayKey box, with a change to iOS mobile software that would block the iPhone-unlocking tool

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• Exclusive: U.S. Cops Have Wide Access to Phone Cracking Software, New Documents Reveal: While the FBI requests 'backdoor' iPhone access, documents indicate law enforcement already has easy access to encrypted devices by Michael Hayes, OneZero, January 22, 2020
  
  [T]hird-party companies have stepped in to fill the void, allowing police to unlock and access information on encrypted mobile devices at a relatively low cost.

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• How Law Enforcement Gets Around Your Smartphone's Encryption by Lily Hay Newman, WiRED, January 13, 2021
  New research has dug into the openings that iOS and Android security provide for anyone with the right tools.

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The Internet Society's Encryption Brief

• Encryption Brief, Internet Society

Policy Recommendations Concerning Encryption

• Liberty and Security in a Changing World: Report and Recommendations of The President's Review Group on Intelligence and Communications Technologies, US White House December 12, 2013.

  "On August 27, 2013, the President announced the creation of the Review Group on Intelligence and Communications Technologies. The immediate backdrop for our work was a series of disclosures of classified information involving foreign intelligence collection by the National Security Agency. The disclosures revealed intercepted collections that occurred inside and outside of the United States and that included the communications of United States persons and legal permanent residents, as well as non-United States persons located outside the United States. Although these disclosures and the responses and concerns of many people in the United States and abroad have informed this Report, we have focused more broadly on the creation of sturdy foundations for the future, safeguarding (as our title suggests) liberty and security in a rapidly changing world."
  
  The President's Review Group has made 46 recommendations. One of them, Recommendation 29 shown below, speaks directly to encryption policy.
  
  Recommendation 29
  We recommend that, regarding encryption, the US Government should:

  1. fully support and not undermine efforts to create encryption standards;
  2. not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and
  3. increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.

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• Identifying Research Challenges in Post Quantum Cryptography Migration and Cryptographic Agility: A Report Based on The CCC Workshop, Washington, D.C., January 31-February 1, 2019

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The 2018 National Academies Report on Encryption

FROM THE NAS PRESS RELEASE: The following "report by the National Academies of Sciences, Engineering, and Medicine proposes a framework for evaluating proposals to provide authorized government agencies with access to unencrypted versions of encrypted communications and other data. The framework is the product of an 18-month study led by a diverse array of leaders from law enforcement, computer science, civil liberties, law, and other disciplines."

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• Decrypting the Encryption Debate: A Framework for Decision Makers, National Academies Press, 2018

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• No Easy Answers, Just More Questions in Major Encryption Report by Joseph Marks, Nextgov, February 15, 2018

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The EastWest Institute's Encryption Policy Recommendations

ABSTRACT: The report provides nine normative recommendations on encryption policy for lawful law enforcement access regarding crime and terrorism prevention, investigation and prosecution.

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• Encryption Policy in Democratic Regimes: Finding Convergent Paths and Balanced Solutions, EastWest Institute, 2018

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Privacy and Encryption in the News

• Lawmakers Introduce Compromise Encryption Bill, by Katie Bo Williams, The Hill, February 29, 2016.

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• What Happens When the Surveillance State Becomes an Affordable Gadget? by Robert Kolker, Bloomberg Businessweek, March 10, 2016.

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• Facebook, Google and WhatsApp plan to increase encryption of user data, by Danny Yadron, The Guardian, March 14, 2016.

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• American Tech Giants Face Fight in Europe Over Encrypted Data, by Mark Scott, New York Times, March 27, 2016.

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• Facebook's WhatsApp Launches 'End-to-End' Encryption by Robert McMillan, The Wall Street Journal, April 5, 2016.

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• Senate Encryption Bill Draft Mandates 'Technical Assistance' by Cory Bennett, The Hill, April 7, 2016.

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• Coalition Letter in Support of Email Privacy Act (April 26), Center for Democracy and Technology Website, April 26, 2016.

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• FBI director floats international framework on encrypted data access by Michael Kan, Computerworld, March 23, 2017

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• UK reportedly set to enforce anti-encryption proposals in wake of Manchester attack, by Jason Murdock, International Business Times, May 25, 2017

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• EU seeks to outlaw 'backdoors' in new data privacy proposals by Samuel by Samuel Gibbs, The Guardian, June 19, 2017

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• Millions of high-security crypto keys crippled by newly discovered flaw Factorization weakness lets attackers impersonate key holders and decrypt their data by Dan Goodin, Ars Technica, October 16, 2017

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• What's Up with WhatsApp's Security Flaws?

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• Strong encryption is vital to our future in tech by Amit Yoran, The Hill, January 24, 2018

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• Lawmakers question FBI director on encryption by Morgan Chalfant, The Hill, April 13, 2018

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• Crypto Fight: US Lawmakers Seek Freedom From Backdoors by Jeremy Kirk, ISMG Network, May 11, 2018

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• FBI repeatedly overstated encryption threat figures to Congress, public by Devlin Barrett, The Washington Post, May 22, 2018

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• The Cybersecurity 202: We surveyed 100 experts. A majority rejected the FBI's push for encryption back doors. by Derek Hawkins, The Washington Post, June 11, 2018

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• Spyware theft case offers a cautionary tale for encryption debate by Derek Hawkins, The Washington Post, July 6, 2018

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• Tech giants allied against proposed Australia law seeking encrypted data by Colin Packham, Reuters, October 3, 2018

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• Principles for a More Informed Exceptional Access Debate by Ian Levy and Crispin Robinson, Lawfare, November 9, 2018

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• Encryption Backdoors Put More at Risk Than You Might Think by Hoa Nguyen, New America, December 13, 2018

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• Australia's Encryption-Busting Law Could Impact Global Privacy by Lily Hay Newman, WIRED, December 7, 2018

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• Microsoft Open Sources Homomorphic Encryption Library "SEAL", by Ed Targett, Computer Business Review, January 2, 2019

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• As homomorphic encryption gains steam, experts search for standards by Sean Lyngaas, cyberscoop, August 20, 2019

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• Election Security Coalition Opposes Weakening Encryption by Jake Aperruque, POGO, January 22, 2020

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• How Law Enforcement Gets Around Your Smartphone's Encryption by Lily Hay Newman, WiRED, January 13, 2021
  New research has dug into the openings that iOS and Android security provide for anyone with the right tools.

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Government Handling of Vulnerabilities

• Vulnerabilities Equities Policy and Process for the United States Government, November 15, 2017

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Lightweight Cryptography for IoTs

• Lightweight Cryptography published by the NIST Computer Security Resource Center, August 27, 2018