Cybersecurity & Tech Surveillance & Privacy

Quick Question for Apple HR

Robert Chesney, Susan Hennessey, Benjamin Wittes
Friday, April 15, 2016, 10:12 AM

In the “going dark” discussion, it is a kind of orthodoxy that back doors are inherently insecure. Build in a means of someone other than the user accessing his data and you create unacceptable risk that someone will exploit that means; you also make the code unacceptably complicated and increase the attack surface for hackers to play with. As Apple put the matter in its famous letter to customers on the San Bernardino case:

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In the “going dark” discussion, it is a kind of orthodoxy that back doors are inherently insecure. Build in a means of someone other than the user accessing his data and you create unacceptable risk that someone will exploit that means; you also make the code unacceptably complicated and increase the attack surface for hackers to play with. As Apple put the matter in its famous letter to customers on the San Bernardino case:

In today’s digital world, the “key” to an encrypted system is a piece of information that unlocks the data, and it is only as secure as the protections around it. Once the information is known, or a way to bypass the code is revealed, the encryption can be defeated by anyone with that knowledge.

The government suggests this tool could only be used once, on one phone. But that’s simply not true. Once created, the technique could be used over and over again, on any number of devices. In the physical world, it would be the equivalent of a master key, capable of opening hundreds of millions of locks — from restaurants and banks to stores and homes. No reasonable person would find that acceptable.

One group of reasonable people who seem to find this arrangement “acceptable” is employers, who frequently keep a means of access to the email accounts that they provide their employees. The federal government, for example, retains the ability to monitor employee emails—and notably, for present purpose, retains the technical means of bypassing the employee’s password to do so. Most employers do the same.

Certainly, for many companies, the information contained in employee emails merits significant protection—it is likely to include trade secrets, customer information, and other sensitive corporate data. For the same reasons, this information is an attractive target for theft. Yet, because of the operational necessity of maintaining third-party access to this information, companies find methods to manage the risks. In fact, some industries with the highest need for information security do not have a choice—financial services, for example, are mandated by FINRA to monitor communications and preserve regulatory access. They manage to do so safely.

So here’s our question: Does Apple? When Apple provides devices and email accounts to its employees, is there a “backdoor” under which Apple retains the capability to examine the contents (under whatever rules) on which employees have to rely on Apple’s capacity to keep that extraordinary access private? Does Apple, in effect, have its own “master key, capable of opening” the locks associated with all of its employees?

Just asking.


Robert (Bobby) Chesney is the Dean of the University of Texas School of Law, where he also holds the James A. Baker III Chair in the Rule of Law and World Affairs at UT. He is known internationally for his scholarship relating both to cybersecurity and national security. He is a co-founder of Lawfare, the nation’s leading online source for analysis of national security legal issues, and he co-hosts the popular show The National Security Law Podcast.
Susan Hennessey was the Executive Editor of Lawfare and General Counsel of the Lawfare Institute. She was a Brookings Fellow in National Security Law. Prior to joining Brookings, Ms. Hennessey was an attorney in the Office of General Counsel of the National Security Agency. She is a graduate of Harvard Law School and the University of California, Los Angeles.
Benjamin Wittes is editor in chief of Lawfare and a Senior Fellow in Governance Studies at the Brookings Institution. He is the author of several books.

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