> Date: Fri, 26 Feb 2016 18:00:08 +0300
> Subject: Re: [kictanet] Of Data Security, Terrorism, National Security and Marketing
> From: kictanet@lists.kictanet.or.ke
> CC: tony.mzungu@gmail.com
> To: lnjogu@hotmail.com
>
> The interesting thing here is that if Apple are forced to comply, the
> genie will be out of the bottle! - already there are 165 similar cases
> awaiting the outcome. And once this 'special version' of iOS is
> created, it will not be long before it escapes into the wild.
>
> Unintended consequences!
>
>
> On 26/02/2016, Rosemary Koech-Kimwatu via kictanet
> <kictanet@lists.kictanet.or.ke> wrote:
> > I honestly think the whole debate is one of those where we are doomed if
> > Apple complies and doomed if it doesn't. It has been stated in some
> > quarters that this is a fight Apple can afford to have right up to the
> > supreme court,the issue of resources is not a hindrance and it strengthens
> > their brand integrity in the eyes of their customers.
> >
> > Legally, the FBI chose to use an outdated law whose modern application may
> > be questionable and that may be their undoing. Apple has stated that the
> > All Writs Act does not provide a basis to conscript Apple to create
> > software enabling the government to hack into iPhones. It has further
> > stated that the Act does not grant authority to compel assistance where
> > congress has considered but chosen not to confer such authority.
> >
> > It is a battle between the right to the protection of privacy versus the
> > protection of national security and the prevention of terrorism, the
> > question is which right will prevail over the other? The final outcome of
> > this case will have far reaching consequences which will determine the
> > future of security in technology, if the supreme courts force Apple to
> > comply then no one will waste time and resources in developing highly
> > secure platforms however if Apple wins it gives criminals a guilt free
> > pass to store all criminal data on their phones knowing that no one, not
> > even the government will have access(who needs a dark web? just use your
> > iPhone).
> >
> > Let us see how this plays out.
> >
> > Rosemary Koech-Kimwatu
> > Twitter: @TechWakili
> > Tel: +254 718181644/771632344
> >
> >
> >
> >
> >
> > On Fri, Feb 26, 2016 at 7:44 AM, Tony White via kictanet <
> > kictanet@lists.kictanet.or.ke> wrote:
> >
> >> Apple has now filed an appeal against the ruling:
> >>
> >>
> >> http://www.scribd.com/doc/300521994/Motion-to-Vacate-Brief-and-Supporting-Declarations
> >>
> >> Perhaps the list's 'legal friends' can comment?
> >>
> >>
> >> On 22/02/2016, Mark Kipyegon via kictanet <kictanet@lists.kictanet.or.ke>
> >> wrote:
> >> > It is amusing that the law in question was drafted over two hundred
> >> > years
> >> > ago. For the courts this is a good opportunity to interpret the limits
> >> > within which law enforcement can operate.
> >> >
> >> > --
> >> > keybase.io/kipyegonmark
> >> >
> >> > On 22 Feb 2016, at 11:11, "Dennis Kioko" <dmbuvi@gmail.com> wrote:
> >> >
> >> >> Being in Apple's position, I initially would have complied with the
> >> FBI's
> >> >> request, seeing that this measure would only be limited to one device.
> >> >>
> >> >> However, after looking at Apple's response, I see what Tim Cook is
> >> coming
> >> >> from. That single piece of software would be hard to keep tabs on -
> >> >> the
> >> >> stakes would be very high. There many other institutions and
> >> >> countries(regimes) that would like to get their hand on such software.
> >> >>
> >> >> In the past, US firms and Government Agencies have found out they have
> >> >> been hacked well after hackers had penetrated their computers.
> >> >>
> >> >> Once out of control of both Apple and the FBI, the software would mean
> >> any
> >> >> iPhone in the "wild" would be susceptible to unauthorised access by
> >> >> however who has access to this "God" version of iOS.
> >> >>
> >> >> Sounds like one of those movies where a disease or modified organism
> >> >> escapes from a lab.
> >> >>
> >> >> What would you do were you the judge in this case?
> >> >>
> >> >> On Monday, 22 February 2016, Mark Kipyegon via kictanet
> >> >> <kictanet@lists.kictanet.or.ke> wrote:
> >> >> It might be worth noting that recent history shows law enforcement
> >> >> agencies abuse their power to access such controlled information.
> >> >>
> >> >> Edward Snowden (@Snowden) Tweeted at 7:50 a.m. - 17 Feb 2016 :
> >> >>
> >> >> The @FBI is creating a world where citizens rely on #Apple to defend
> >> their
> >> >> rights, rather than the other way around.
> >> >> (https://twitter.com/Snowden/status/699984388067557376?s=17)
> >> >>
> >> >> --
> >> >> keybase.io/kipyegonmark
> >> >>
> >> >> On 21 Feb 2016, at 21:33, kictanet-request@lists.kictanet.or.ke wrote:
> >> >>
> >> >> >
> >> >> > However, I think the security agencies should have access to
> >> >> > targeted
> >> >> > information as investigations lead them - with the oversight of
> >> >> > legislature and judiciary. The problem is how to ensure this is not
> >> >> > misused to collect any information they think they need about a
> >> society.
> >> >> > Self censorship, fear and basically ?guilty by default? will be the
> >> >> > order of the day and you really don?t want to go down that road.
> >> >> >
> >> >
> >>
> >>
> >> --
> >> Tony White
> >>
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>
> --
> Tony White
>
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> The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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