“For The Greater Good.”

for-the-greater-good

The arguments between Apple and FBI in unlocking “just one” iPhone that  was used by one shooter of the 2015 San Bernardino Attack has one single theme:

For the greater good.

The FBI believes that the greater good is to see the data contained in this iPhone 5c; which might provide crucial link of the shooters and the terrorist networks.

Apple believes that the court order requested by the FBI sets a dangerous precedent that undermine privacy of the people.

The American people are divided on this issue. Americans are against the terrorists. Americans also believe in liberty and privacy.

Unfortunately, Americans could agree on what “the greater good” is.

Fourth, Fifth and Fingerprints.

Touch ID

WSJ.com:

A Virginia Circuit Court judge ruled Tuesday that police officers cannot force criminal suspects to divulge cellphone passwords, but they can force them to unlock the phone with a fingerprint scanner.

How would the police officers force criminal suspects to unlock the phone with a fingerprint scanner? Does that include physically forcing the said suspect’s finger to the fingerprint scanner.

Back in October 2013, I helped setting up an iPhone 5s for a client of mine who is an attorney at law. I asked:

“Can the police just grab your hand and put your thumb on the home button to unlock your iPhone 5s?”

The answer I got from the attorney:

“I would say that is like beating you up for the passcode of your phone.”

Then there are these thing called Fourth and Fifth Amendments.

Fourth Amendment to the United States Constitution

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Fifth Amendment to the United States Constitution

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

PilotOnline.com/hamptonroads.com:

Judge Steven C. Frucci ruled this week that giving police a fingerprint is akin to providing a DNA or handwriting sample or an actual key, which the law permits. A pass code, though, requires the defendant to divulge knowledge, which the law protects against, according to Frucci’s written opinion.

It is a common practice for the police to get suspect’s fingerprints during booking; but not during the time of the arrest. For sure the police would use those fingerprint records to fool Apple’s Touch ID if they could; but it is not that easy.

The question remains. Can the police grab the suspect’s hand and place the finger on the phone’s fingerprint scanner? I’ll leave it to to the lawyers and judges.

Then there’s this, no links but easy to search:

Apple’s Cool iPhone Fingerprint ID Means You’re Screwed

Does anyone remember that some Android phones have Face Unlock feature? Then again, who uses Face Unlock? It is relatively easy to unlock your friend’s phone who uses Face Unlock. Just hold the phone in front of their face, not that I have done it.

Anyway, there are ways to quickly “disable” Touch ID.

From Apple Support:

If Touch ID doesn’t recognize your finger, you’ll be asked to try again. After three attempts, you’ll be given the option to enter your passcode. After two more tries, you’ll need to enter your passcode. In addition, you’ll need to enter your passcode to unlock your iPhone or iPad in these cases:

  • After restarting your device
  • When more than 48 hours have elapsed from the last time you unlocked your device
  • To enter the Touch ID & Passcode setting

Remember that five failed attempts at Touch ID will require paste to unlock the iPhone.

Passcode is required to enable Touch ID

Jurors Sided Against Newegg on Patent Lawsuit

An eight-person jury in Marshall, Texas found the online retailer Newegg to infringe on a patent owned by TQP Development, a non-practicing patent holder.

Ars Technica reports:

They also found the patent was not invalid, apparently rejecting arguments by famed cryptographer Whitfield Diffie, who took the stand on Friday to argue against the patent.

The jury ordered Newegg to pay $2.3 million, a bit less than half of the $5.1 million TQP’s damage expert had suggested.

Newegg said they will appeal the verdict.

——-

Disclaimer
I recently was hired on a project that involves Newegg as the client. I cannot discuss, let alone reveal the details of the project at this moment. I can safely say that the project is unrelated with Newegg patent lawsuit. I am also a Newegg customer.

Newegg Visitor Badge

U.S. Senate is expected to approve Online Sales Tax Bill

United States Senate is expected to approve S. 743: Marketplace Fairness Act of 2013, also known as Online Sales Tax Bill.

According to Reuters:

  • President Barack Obama weighs in with backing for bill
  • More opposition ahead in House of Representatives

The bill gains support from Internet retail giant Amazon.com and opposition from eBay.com.

Currently Amazon.com collects sales tax in the following nine States:

  • Arizona
  • California
  • Kansas
  • Kentucky
  • New York
  • North Dakota
  • Pennsylvania
  • Texas
  • Washington

Online-Sales-Tax

Readers, WordPress and Copyright Troll.

Disclosure:
We are running a WordPress.org installation at 37prime and also have a WordPress.com blog.

Techdirt reports that Prenda Law has just ordered WordPress to hand over all IP addresses of users who accessed either FightCopyrightTrolls and DieTrollDie in the last two years.

It seems that Prenda Law is going on a fishing expedition. At least that’s what I think based on all the Law & Order series (the Original, Special Victims Unit and Criminal Intent) I have been watching for the past 15 years. Yeah, I watch too many of them.

Can Prenda Law legally subpoena WordPress for the iP addresses? Prenda Law first must convince the court that they have the legal right to do so.

WordPress should fight this ridiculously frivolous legal move.

Automattic-Privacy-Subpoena

Samsung Galaxy Nexus is preliminary banned in the USA.

I am pretty sure the it was an album title. Yep there’s an album titled “Banned in the USA” for sure.

From FOSS Patents Blog:

Apple wins U.S. preliminary injunction against the Samsung/Google Galaxy Nexus over Siri patent

Judge Lucy Koh of the United States District Court for the Northern District of California has just granted Apple a preliminary injunction against the Samsung Galaxy Nexus, an Android-based smartphone co-developed by Samsung and Google.

In the meantime, Google dropped the unlocked Galaxy Nexus price by $50 at Google Play Store; from $399 to $349. Better get it before the ban took effect.