Apple Defenses

Kim Zetter at Wired has an article up explaining the First Amendment defenses that Apple could use in its case against the government. As I mentioned in a previous post, the courts have ruled that, in essence, computer code is speech. A defense tactic in this vein could argue that requiring Apple to write a special version of iOS is compelled speech. However, as Zetter illustrates, there is another line of defense Apple could take, and it pertains to the digital signing of that new code.

Instead, it's the digital signature that Apple would use to sign that code that is the key to Apple's First Amendment argument, say legal experts who spoke with WIRED. "The human equivalent of the company signing code is basically saying, 'We believe that this code is safe for you to run,'" says Jennifer Granick, director of civil liberties for the Center for Internet and Society at Stanford Law School. "So I think that when you force Apple to cryptographically sign the software, it has a communicative aspect to it that I think is compelled speech to force them to do it."

"[B]ecause what's so expressive, necessarily, about that? But to me, the signing is expressive—very clearly so," she says. "That's kind of what the code signing is—it's saying 'I'm Apple Computer and we support this software and we think this software is safe for you to run'...So a forced signature to me is compelled speech."

 If Apple were to use this defense it could set some interesting precedents for digital signatures.

Other than the First Amendment, Apple could take the 5th in this case. Not refuse to testify, of course, but apply that other pesky part of the 5th Amendment - due process. David Kravets at Ars Technica explains how "conscripting Apple to build something that it doesn't want to do...is a breach of its 'substantive due process.'"

There is also the question of whether Congress has already had its say in this matter. The All Writs Act that the FBI is using to compel Apple only gives courts a tool to enforce existing statutes. As Albert Gidari shows, Congress in 1994 passed the Communications Assistance for Law Enforcement Act (CALEA) which "did not prohibit a [telecommunications] carrier from deploying an encryption service for which it did not retain the ability to decrypt communications for law enforcement access" (emphasis mine). So, CALEA could trump AWA. It is yet to be seen, however, if the courts view Apple as a "telecommunications carrier."

NFJS 2010 in Raleigh

I attended the No Fluff Just Stuff tour in Raleigh this past weekend with a bunch of others from Railinc. After the event on Sunday I tweeted that I wasn’t all that impressed with this year’s sessions. Matthew McCullough responded asking for some details on my concerns. Instead of being terse in a tweet, I thought I’d be fair with a more lengthy response.

First off, I really wasn’t planning on going this year. I took a look at the sessions and didn’t see enough relevant content that interested me. In 2007 and 2008 I went with a group from Railinc and had a pretty good time while learning about some new things that were going on in the industry. (We didn’t go in 2009 for economic reasons.) This year, however, I felt that there wasn’t enough new content on the schedule that interested me. (I have seen/read/heard enough about REST, Grails, JRuby, Scala, etc.).

What changed my mind about going was the interest expressed by some other developers at Railinc. Since I coordinated the 2007 and 2008 trips, I thought I’d get this one coordinated, and since there was a good amount of interest, I figured I’d give it a shot as well. So, to be fair, I wasn’t going in expecting much anyway.

Here were the key issues for me:

1. Some of the sessions did not go in the direction that I expected. To be fair, though, I was warned ahead of time to review the slides before making a decision on a session. The problem here is that some presenters relied more on demos and less on slides, so in some cases it was hard to judge by just the slide deck.
2. Like I said above, I wasn’t planning on going in the first place because of the dearth of sessions that seemed interesting to me. I ended up going to some sessions because it was the least non-relevant session at that time. There were actually two sessions that I bailed on in the middle because I wasn’t getting any value from them.
3. Finally, and this is completely subjective, some of the speakers just didn't do it for me. While you could tell that most (if not all) of the speakers were passionate about what they were talking about, some were just annoying about it. For instance, some of the attendees I spoke to felt that the git snobbery was a bit overkill. Some of it was just speaker style - some click with me some don't.

Some things I heard from the other Railinc attendees were

• Too much duplication across speakers
• Not enough detail along tracks
• Some of the session were too introductory - could have gotten same information from a bit of googling.

Granted, some of my concerns are subjective and specific to my own oddities. But I do remember that I had enjoyed the '07 and '08 events much more.

I did, however, enjoy Matthew's first session on Hadoop. I knew very little about the technology going in and Matthew helped crystallize some things for me. I also got some good information from Neal Ford's talks on Agile engineering practices and testing the entire stack.

I really like the No Fluff Just Stuff concept in general. I think it is an important event in the technology industry. The speakers are knowledgeable and passionate which is great to see. My mind is still open about going next year, but it will be a harder sell.

Whatever

• Ancient graffiti
• Great! Let's add stupidity to injury
• What Michael Phelps should be saying
• I know that sometimes hindsight is 20/20, but in this case foresight should have been 20/20
• Online media will never threaten print media
• Even Sith Lords need work
• Arnold Kling makes the case for profits
  

Whatever

• Mark my words: the next bubble in the economy will be centered around 'green' technology. Green will be the dot-com of the next decade.
• At least you will be able to enjoy your losses
• Hey, I may be the center of the universe (ok, you may be too)
• The first portable GPS device
• The housing bubble easily understood
• Health care in the U.S. vs in the U.K.
• Homeland Security detects terrorist threats by reading your mind. They probably don't want to be reading the minds of the barefooted, personally violated people waiting in the long lines at the airport.
• “Our advice to drivers is not to panic and not to top off their tanks.” I hate to tell you this, but higher prices work better.
  

Whatever

• How can you not love dogs?
• I've always loved good slight of hand card tricks. Ed Brayton links to some YouTube videos of Ricky Jay doing some amazing stuff.
• The future is so disappointing
• Ah! What would a new technology be without a call for "government action." This quote is priceless: "I do think government has an almost infinite ability to screw up things when they can't see the future."
• I wonder if this school teaches bad acting as well
• Just cut their pay
• When markets governments fail, government markets must step in
  

Whatever

• This is all we as libertarians ask. Instead we get this mess. And have I mentioned that markets work?
  
• Radley Balko asks some good questions of McCain and Obama
• A "political air show" (HT: The Agitator)
  
• Cue the conspiracy nuts. First we had the "Face on Mars" now the "Footprint on Titan."
• Sanity in Singapore
• Take a deep breath -- and thank Mt. Everest?
• We need more cow bell

Whatever

• This is sarcasm, but the way monetary and fiscal policy in this country are run it could easily be reality
• I'm hungry for some watermelon. Could I borrow your umbrella?
• I can't wait to see the games that use these Wii attachments
• While Congress fumes about oil prices, those prices are trying to tell us something. Maybe what they are trying to tell us is that governments around the world are mismanaging oil production. Yes, I said governments. After all, 77% of proven oil reserves are controlled by a nationalized entity.
  

Whatever

• Check out the new use for the Segway (scroll down about halfway)
• Some good quotes from P.J. O'Rourke
• Ahh! So it ain't so!
• Reverse Graffiti
• And you thought a night at the opera seemed to last forever
• I knew playing Dig Dug would benefit humanity
• So, does this mean that if you vote for McCain you hate people?
• "The stimulus check was a way for some people to entertain themselves."

Little Brother

I just finished reading Cory Doctorow's Little Brother. I highly recommend it to those who like stories about technology and using technology in a clandestine manner. It reminded me a lot of a book I read a long time ago by Clifford Stoll called The Cuckoo's Egg. The books have different plots (in Stoll's book the hacker is the bad guy), but in both you get a small glimpse into the hacker culture.

Even if you don't like stories about technology, however, you should read Little Brother. It's an inspiring tale about a young man not willing to let the government get away with tyranny even if it means his own freedom.

One interesting aspect in my experience reading this book was following along with Google Maps Street View. I was able to follow the action in the streets of San Francisco (a city that I've been to twice but really didn't get to see). Try it, it's fun.

Whatever

• All new technologies should have a Star Wars demo
• If this is a joke it sure the hell ain't funny (HT: Dispatches)
• Some sanity on 'cap-and-trade' schemes
• #51. They don't sit around reading lists about how to be successful
• Obama panders and panders and panders
  
• What can onions teach us about oil prices?

Whatever

• I love this idea of "competing" tax plans. It's like competition between McDonald's and Burger King - the differences are marginal and they both suck.
• Oooh, save me from Google, I'm so oppressed
• Jason Kuznicki does a great job at debunking the idea that the recent Supreme Court decision regarding Habeas rights will lead to a "flood" of lawsuits. And here is some good stuff from George Will, as well.
  
• The Web Time Forgot (annoying, free registration may be required - try BugMeNot)
• Is labeling menus with nutritional content a good idea? Maybe not.

Whatever

• An interesting way to use a courier service
• Three small dots were never so impressive
• And I thought those people with Bluetooth phone headsets were annoying!
• Another reason why voting this year will be pointless. Neither candidate understands the the concept of individual liberty.

Whatever

• Hmmm...and they wonder why businesses must pay extortion money to politicians
• Ok, but what if you are both?
• When I saw this I nearly ruined my keyboard with drool
• Ok, maybe this is a little too much Star Wars for one post...nah! There can never be too much Star Wars!
• The corrupting influence of rock and roll
• You can bury me in the R2-D2 DVD player
• Don't ever try to do something nice for a stranger. It may be illegal. (HT: Coyote Blog)
  
• Stupid people shouldn't be activists (HT: Dispatches from the Culture Wars)
• This says it all (HT: Carpe Diem)
  

Whatever

• Ha! Unintended my behind!
• It's Easter, so it must be time for Peeps
• Holding the sun
• Looks like a dog, sounds like a big ass bee
• What did you do at work today?
  

Whatever

• Umm...What!?
• George Bush then and now
• Some people have waaaay too much time on their hands!
• Gee, a government subsidized industry not living up to expectations. How surprising!
• Only if!
• No, I'm sorry, it just wouldn't be the same.
• Those damn Washingtonians, "they took our jobs!"
• Apparently, 2% of the people in England say they are "put off" by the price of prescription drugs (roughly $14...$14!!!). So, the solution is to have "free" drugs for everyone. There is so much to say, but....whatever!