Ghosts of DRM Past | Tech Talk Today 99

Ghosts of DRM Past | Tech Talk Today 99

The Feds want Apple to break iOS encryption using an 18th-century law & it certainly fails the sniff test. Sony is playing the victim after it’s recent breach & the hype is reaching new levels of absurd. Plus the decade old iTunes lawsuit that could feature testimony from Steve Jobs, we’ll tell you how.

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Show Notes:

Feds want Apple’s help to defeat encrypted phones, new legal case shows

Prosecutors invoke 18th-century All Writs Act to get around thorny problem.

Newly discovered court documents from two federal criminal cases in New York and California that remain otherwise sealed suggest that the Department of Justice (DOJ) is pursuing an unusual legal strategy to compel cellphone makers to assist investigations.


In both cases, the seized phones—one of which is an iPhone 5S—are encrypted and cannot be cracked by federal authorities. Prosecutors have now invoked the All Writs Act, an 18th-century federal law that simply allows courts to issue a writ, or order, which compels a person or company to do something.


Ars is publishing the documents in the California case for the first time in which a federal judge in Oakland specifically notes that “Apple is not required to attempt to decrypt, or otherwise enable law enforcement’s attempts to access any encrypted data.”


The two orders were both handed down on October 31, 2014, about six weeks after Apple announced that it would be expanding encryption under iOS 8, which aims to render such a data handover to law enforcement useless. Last month, The Wall Street Journal reported that DOJ officials told Apple that it was “marketing to criminals” and that “a child will die” because of Apple’s security design choices.

Apple did not immediately respond to Ars’ request for comment.


DOJ is uing an Antiquated 1789 ‘All Writs Act’ To Try To Force Phone Manufacturers To Help Unlock Encrypted Phones

Ars went in person to the Oakland courthouse on Wednesday to obtain the documents and is publishing both the government’s application and the judge’s order for the first time here. The All Writs Act application and order are not available via PACER, the online database for federal court records.

“This Court has the authority to order Apple, Inc., to use any capabilities it may have to unlock the iPhone,” Garth Hire, an assistant US attorney, wrote to the court and cited the All Writs Act.

Cyber Ring Stole Secrets For Gaming US Stock Market

Reuters has the scoop this morning on a new report out from the folks at FireEye about a cyber espionage ring that targets financial services firms. The campaign, dubbed FIN4 by FireEye, stole corporate secrets for the purpose of gaming the stock market. FireEye believes that the extensive cyber operation compromised sensitive data about dozens of publicly held companies. According to the report, the victims include financial services firms and those in related sectors, including investment bankers, attorneys and investor relations firms. Rather than attempting to break into networks overtly, the attackers targeted employees within each organization. Phishing e-mail messages led victims to bogus web sites controlled by the hackers, who harvested login credentials to e-mail and social media accounts. Those accounts were then used to expand the hackers’ reach within the target organization: sending phishing email messages to other employees.

Sony hires Mandiant after cyber attack, FBI starts probe | Reuters

Sony Pictures Entertainment has hired FireEye Inc’s Mandiant forensics unit to clean up a massive cyber attack that knocked out the studio’s computer network nearly a week ago, three people with knowledge of the matter said on Sunday.

New evidence is emerging that suggests North Korea may be behind the hack. The Wall Street Journal is reporting that researchers investigating the hack have found the malicious code to be almost exactly the same as the code used in a March 2013 attack on a series of South Korean banks and broadcasters, an attack widely believed to have been conducted by North Korea. Re/code had previously reported that Sony was investigating a North Korean connection, but this new analysis is the most definitive evidence unearthed so far.

Sony Pictures has gotten its computer systems back online, with emails and everything else up and running again.

Google sold more Chromebooks to US schools than Apple did iPads in Q3

According to the latest data from IDC, Google, for the first time ever, has overtaken Apple in United States schools. The research firm claims that Google shipped 715,000 Chromebooks to schools in the third quarter, while Apple shipped 702,000 iPads to schools. Chromebooks as a whole now account for a quarter of the educational market (via FT).

Chromebooks start at $199, while last year’s iPad Air, with educational discounts applied, costs $379. The research firm also says that many school corporations prefer the full keyboard found on Chromebooks instead of the touchscreen found on iPads. Some schools that use iPads, however, supply students with a keyboard case as well, but that only further increases the cost of iPads compared to Chromebooks.

Apple faces trial in decade-old iTunes DRM lawsuit | ITworld

Plaintiffs in the Apple iPod iTunes antitrust litigation complain that Apple married iTunes music with iPod players, and they want $350 million in damages. The lawsuit accuses Apple of violating U.S. and California antitrust law by restricting music purchased on iTunes from being played on devices other than iPods and by not allowing iPods to play music purchased on other digital music services. Late Apple founder Steve Jobs will reportedly appear via a videotaped statement during the trial, scheduled to begin Tuesday morning in U.S. District Court for the Northern District of California.


The original January 2005 complaint in the case references a music distribution industry that no longer exists nearly a decade later. The document refers to iTunes competitors Napster, Buy.com, Music Rebellion and Audio Lunch Box, along with digital music players from Gateway, Epson, RCA and e.Digital.


The opening paragraphs of the complaint talk about defunct CD seller Tower Records.


Apple has monopoly market power, lawyers for plaintiff Thomas Slattery wrote. “Apple has rigged the hardware and software in its iPod such that the device will not directly play any music files originating from online music stores other than Apple’s iTunes music store,” they wrote.


Apple removed DRM (digital rights management) from iTunes in early 2009, so the lawsuit covers iPods purchased from Apple between September 2006 and March 2009.

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