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New York state considers bill mandating backdoors in smartphone encryption

A bill up for consideration by the New York state assembly would force Apple and other smartphone makers to ensure their products can be decrypted for the sake of law enforcement.

The bill was formally introduced by Assemblyman Matthew Titone last year, but was only referred to committee just last week, according to The Next Web. Language in the document proposes that any phone made as of Jan. 1 this year and sold or leased in the state "be capable of being decrypted and unlocked by its manufacturer or its operating system provider."

To ensure compliance, smartphone makers could be fined as much as $2,500 per device breaking the law.

The sort of encryption available in iOS 8/9 and more recent versions of Android may help privacy, the bill argues, but "severely hampers" law enforcement, since it can block access to evidence.

"Simply stated, passcode-protected devices render lawful court orders meaningless and encourage criminals to act with impunity," the bill suggests. It has yet to be voted on by the state assembly or senate.

Apple has vocally opposed any sort of weakened encryption, going so far as to hold the position in front of White House officials. The company's view has been that if it leaves deliberate gaps in its security, that will simply make it easier for hackers to gain access to people's devices and data.

Some government officials, such as FBI director James Comey, have claimed that Apple's position could potentially cost lives if it interferes in preventing acts like kidnapping or terrorism.



45 Comments

foggyhill 10 Years · 4767 comments

If state, fed, foreign governments all want a back door, Apple might as well close its door because no one, especially those abroad, will want to buy their phones.

Most of those people are fracking MORONS.

A bill up for consideration by the New York state assembly would force Apple and other smartphone makers to ensure their products can be decrypted for the sake of law enforcement.




The bill was formally introduced by Assemblyman Matthew Titone last year, but was only referred to committee just last week, according to The Next Web. Language in the document proposes that any phone made as of Jan. 1 this year and sold or leased in the state "be capable of being decrypted and unlocked by its manufacturer or its operating system provider."

To ensure compliance, smartphone makers could be fined as much as $2,500 per device breaking the law.

The sort of encryption available in iOS 8/9 and more recent versions of Android may help privacy, the bill argues, but "severely hampers" law enforcement, since it can block access to evidence.

"Simply stated, passcode-protected devices render lawful court orders meaningless and encourage criminals to act with impunity," the bill suggests. It has yet to be voted on by the state assembly or senate.

Apple has vocally opposed any sort of weakened encryption, going so far as to hold the position in front of White House officials. The company's view has been that if it leaves deliberate gaps in its security, that will simply make it easier for hackers to gain access to people's devices and data.

Some government officials, such as FBI director James Comey, have claimed that Apple's position could potentially cost lives if it interferes in preventing acts like kidnapping or terrorism.

ZooMigo 9 Years · 35 comments

The next version of ios9 should be geofenced to stop working inside NY state. Let the politicians love stem to the howls of all the upper crust in NYC who suddenly discover their device has stopped working. 

sandor 17 Years · 670 comments

on the reverse side you have the Netherlands saying "no" to back doors:
http://www.bbc.com/news/technology-35251429

However, it said allowing law enforcers to access protected data would make digital systems vulnerable to "criminals, terrorists and foreign intelligence services".

"This would have undesirable consequences for the security of information stored and communicated and the integrity of ICT systems, which are increasingly of importance for the functioning of the society," it added.


that is precisely why i don't want flaws to be built into systems.

there are far too many examples of government and business allowing citizens data to be hacked & stolen. we have no reason to trust them with data security. at all.

boltsfan17 12 Years · 2294 comments

This is ridiculous. The government can't even keep their own secrets protected. Now they want to force phone makers to make their devices less secure? 

dementuschikan 10 Years · 67 comments

US state and federal government may only understand the power of the lawsuit. I bet some enterprising law firm could make a case that would stand the test of the Federal Tort Claims Act ( http://www.nolo.com/legal-encyclopedia/suing-government-negligence-FTCA-29705.html ) or the state laws if the case is done on that level. Once they are sued for damages from stolen identities and monies due to their "negligence" creating a law like this, perhaps then they will get a clue.

Unfortunately it will take actual damages to occur in order for a lawsuit to be able to be filed, but this will be where it is heading should these laws get passed. That and the collapse of several companies as people find other ways to stay in touch after they put the mandated back doors in.