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Wed Feb 24, 2016 5:09am EST

Related: Tech <http://www.reuters.com/news/technology>
Apple's fight with U.S. could speed development of government-proof devices

SAN FRANCISCO | By Joseph Menn
<http://www.reuters.com/journalists/joseph-menn> and Julia Love
<http://www.reuters.com/journalists/julia-love>

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[image: Description: The Apple logo is pictured behind the clock at Grand
Central Terminal in the Manhattan borough of New York, February 21, 2016.
REUTERS/Carlo Allegri]

The Apple logo is pictured behind the clock at Grand Central Terminal in
the Manhattan borough of New York, February 21, 2016.

Reuters/Carlo Allegri

SAN FRANCISCO The legal showdown between Apple Inc (AAPL.O
<http://www.reuters.com/finance/stocks/overview?symbol=AAPL.O>)and U.S. law
enforcement over encryption, no matter the outcome, will likely accelerate
tech company efforts to engineer safeguards against government intrusion,
tech industry executives say.

Already, an emerging industry is marketing super-secure phones and mobile
applications.

An Apple executive said the company will strengthen its encryption if it
wins its court battle with the federal government, which last week secured
a court order requiring Apple engineers to help extract data from a phone
associated with the mass shootings in San Bernardino.

The executive spoke on condition of anonymity. An Apple spokesperson
declined to comment publicly.

If Apple loses the court case, the legal precedent could give the U.S.
government broad authority to order companies to assist in breaking into
encrypted products.

But even a government victory could have unintended consequences for law
enforcement, potentially prompting a wave of investment by U.S. tech
companies in security systems that even their own engineers can't access,
said Jonathan Zittrain, co-founder of Harvard University's Berkman Center
for Internet & Society.

"A success for the government in this case may further spur Apple and
others to develop devices that the makers aren't privileged to crack," he
said.

The fast-growing online storage provider Box has already made it a priority
to give customers sole custody of data, said Joel De la Garza, chief
information security officer at the company. The intent is to make it
impossible for the company to access its customers' data - even under a
government order, he said.

"Our goal is to achieve a `zero-knowledge' state" for the company, he said,
"where our customers have total control over their data."

It's unclear whether Apple can - or would even want to - make smartphones
the company can't access. Two Apple employees familiar with the company's
security strategy said the company had no such plans.

SMARTPHONE BLACK OUT

One immediate beneficiary of the government's case against Apple is the
niche industry, based mostly overseas, that has sprung up to design apps
and phones to thwart snooping by governments, business rivals and criminals.

In the more than two years since former U.S. intelligence contractor Edward
Snowden revealed widespread spying via U.S. companies, a handful of
companies have released secure phones with names such as BlackPhone,
RedPhone or Priv that trumpet security as a prime selling point.

Phones such as Boeing Co's(BA.N
<http://www.reuters.com/finance/stocks/overview?symbol=BA.N>) Black target
government customers. Blackberry(BB.TO
<http://www.reuters.com/finance/stocks/overview?symbol=BB.TO>) markets the
Priv, an Android device, to corporate clients seeking more security.

Others include Silent Circle, with launched its Blackphone 2 late last
year, and Turing Robotic Industries, whose Turing Phone is due in April.
Many more apps, such as Signal and Wickr, encrypt calls or texts messages.

Those businesses could surge if the Apple fight drags on.

“That’s going to happen,” said Chris Wysopal, cofounder and chief
technology officer of software security company Veracode. “People will go
out of the country, and there will be a market.”

THE SNOWDEN EFFECT

U.S. law enforcement officials have long fought for new laws to maintain
access to private information that is harder to capture as people move to
digital devices from traditional phone lines - which by law must be
tappable.

Most recently, the tech industry has fought off numerous efforts to get
encryption legislation through Congress, including an attempt last year
that died after President Obama declined to support it.

FBI Director James Comey has been particularly outspoken in arguing that
law enforcement efforts are hobbled by encryption, which he calls a safe
haven for terrorists.

The FBI did not respond to a request for comment on this story. Other law
enforcement officials have said the tech industry fears are exaggerated, or
in Apple's case, even a marketing ploy.

Apple, Google, Facebook and other companies also have accelerated efforts
to implement encryption in the wake of Snowden's disclosures about U.S.
spying - including a program called Prism that culled private data from
some of the largest U.S. tech companies.

The revelations prompted companies to fight the perception that they were
arms of the government and dented the overseas sales of companies including
Cisco (CSCO.O <http://www.reuters.com/finance/stocks/overview?symbol=CSCO.O>)and
IBM(IBM.N <http://www.reuters.com/finance/stocks/overview?symbol=IBM.N>),
as countries such as China shunned U.S. products.

Apple's iPhones now have longer passcodes tied to underlying encryption,
making them far harder to hack. Facebook's WhatsApp and others have adopted
protocols under which they don't have the means to unlock user
communications.

The fight between Apple and the government could give such security efforts
a new urgency. It could also undermine trust in automated software updates,
which have until now been viewed as one of the best ways to fix security
flaws.

Because U.S. prosecutors asked Apple to employ a software update as a means
to break into the phone tied to the San Bernardino shootings, users now
worry that updates could compromise the security of their devices, said
Orion Hindawi, chief executive of security firm Tanium.

"You are going to see a lot of people who thought auto-update was
attractive backing away from that," he said.




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