Pixel Envy

Written by Nick Heer.

Reuters Report on iCloud Backups Exposes Disingenuous Department of Justice Arguments Against Encryption

Mike Masnick of Techdirt responds to the Reuters report from earlier today claiming that Apple dropped a plan to implement end-to-end encryption on iCloud backups at the behest of the FBI:

Of course, the other way one might look at this decision is that if Apple had gone forward with fully encrypting backups, then the DOJ, FBI and other law enforcement would have gone even more ballistic in demanding a regulatory approach that blocks pretty much all real encryption. If you buy that argument, then failing to encrypt backups is a bit of appeasement. Of course, with Barr’s recent attacks on device encryption, it seems reasonable to argue that this “compromise” isn’t enough (and, frankly, probably would never be enough) for authoritarian law enforcement folks like Barr, and thus, it’s silly for Apple to even bother to try to appease them in such a manner.

Indeed, all of this seems like an argument for why Apple should actually cooperate less with law enforcement, rather than more, as the administration keeps asking. Because even when Apple tries to work with law enforcement, it gets attacked as if it has done nothing. It seems like the only reasonable move at this point is to argue that the DOJ is a hostile actor, and Apple should act accordingly.

Even though Apple attempts to explain how iCloud backups work, I don’t think they do a good job, and it is one reason the Reuters report today had such a profound impact: a lot of people have been surprised that their iCloud backups are less private than their phone. Yet, as bad as this is for Apple, it is equally a poor look for the Department of Justice, who have publicly been whining about their inability to extract device data while privately accepting Apple’s cooperation.