The Department of Justice, in a March 10 filing, accused Apple of outrightly making “warrant proof” devices, and accused Apple of obstruction of justice by making these devices so secure that they could not be searched, even with a warrant. While these words belonged to DOJ, I think Apple should own them. If you study our state laws, federal laws, and international treaties, you’ll see many examples of intellectual property that actually are protected against warrants. Yes, there are things in this country that are deemed warrant proof.
As per The State Department, Article 27.3 of the Vienna Convention on Diplomatic Relations states, a diplomatic pouch “shall not be opened or detained”. In other words, it’s warrant proof. No law enforcement agency in our country is permitted – under international treaty – to open a diplomatic pouch, and any warrants issued are null and void. Guidelines even permit for unaccompanied diplomatic pouches that are traveling without a diplomat or courier, which even further emphasizes the impetus for security of such pouches: they should have locks, and strong ones at that. Do we still have spying? Absolutely, and it’s illegal. It is not only reasonable then, but important to have a device like the iPhone – secure against illegal search and seizure.
The encryption on the iPhone is clearly doing its job. Good encryption doesn’t discriminate between attackers, it simply protects data – that’s its job, and it’s frustrating both criminals and law enforcement. The government has recently made arguments insisting that we must find a “balance” between protecting your privacy and providing a method for law enforcement to procure evidence with a warrant. If we don’t, the Department of Justice and the President himself have made it clear that such privacy could easily be legislated out of our products. Some think having a law enforcement backdoor is a good idea. Here, I present an example of what “warrant friendly” security looks like. It already exists. Apple has been using it for some time. It’s integrated into iCloud’s design.
Unlike the desktop backups that your iPhone makes, which can be encrypted with a backup password, the backups sent to iCloud are not encrypted this way. They are absolutely encrypted, but differently, in a way that allows Apple to provide iCloud data to law enforcement with a subpoena. Apple had advertised iCloud as “encrypted” (which is true) and secure. It still does advertise this today, in fact, the same way it has for the past few years:
“Apple takes data security and the privacy of your personal information very seriously. iCloud is built with industry-standard security practices and employs strict policies to protect your data.”
So with all of this security, it sure sounds like your iCloud data should be secure, and also warrant friendly – on the surface, this sounds like a great “balance between privacy and security”. Then, the unthinkable happened.