Reminder: if you anticipate being in contact with law enforcement and have any spare moments at all: restart your phone and do not unlock it. This “before first unlock” (BFU) state does not yet have auth keys loaded and secrets decrypted in active memory, and is thus rather more difficult to exploit and gain entry to.
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Does this work for both Apple and Android?
Yes.
Lol, they've been doing this for years. Apple was compromised a long time ago.
If only we could see what apple was doing under the hood. If only companies that constantly pat themselves on the back for being secure could be open source.
Wasn't there a vulnerability in the chips apple uses for USB?
For chips released in 2018 and 2019. To the best of my knowledge anything newer than a iPhone 11 nothing has yet been found and announced. So 7 years ago. That said you know that if there is some unannounced vulnerability and some spyware company or government knows of it, they are not going to report it.
In the US, if cops get into a phone before a warrant, even if a warrant is issued later, all evidence from the phone is suppressed as illegally obtained.
This is a bigger concern with respect to intelligence agencies who conduct mass surveillance.
even if a warrant is issued later, all evidence from the phone is suppressed as illegally obtained.
This assumes a healthy and functioning country. I wouldn't assume that of the US in particular. People are being hunted, kidnapped, imprisoned and murdered by the government as we speak.
I'm a law student in the US, so I'm actually privy to this information in the form of all the talks that they have judges and lawyers giving.
You may not assume that the US judiciary is healthy and functioning, but it is not as broken as most international observers (or chronically online Americans) think it is. In particular, if you have been observing the Department for Justice's results recently, you'll notice a few things:
- Because the Department has been hiring for loyalty and not legal skill, the Department has lost most of its prior prestige. Previously, clerking for the Department was a competitive law school position. Now, the top legal minds then to avoid it. As a result, the quality of legal skill at the Department has decreased, drastically.
- Judges in the federal judiciary, with the exception of some notable Trump cronies, is actually very willing to uphold existing procedural law and rule against the government. It happens extremely regularly.
- When judicial orders are ignored, it is almost always temporary and not in any lasting way. Federal judges still do threaten and issue contempt of court penalties and disciplinary referrals to officials who blatantly disobey court orders.
So in short, you are partially correct and partially wrong. The judiciary of the US has shown to be remarkably resilient considering it has withstood two years of a fascist in power and in full control of the legislature.
Go learn about the harmless error rule. You are incredibly naive. DAs and cops break the rules ALL THE TIME because once there's a conviction the burden of proof shifts and a defendant, now convicted, in prison has the burden of proving (somehow, while behind bars) that in a theoretical other version of reality they wouldn't have been convicted had the error not been made.
It's a nearly impossible standard to meet, especially difficult after conviction, and the remedy is not even necessarily release, merely a new trial.
Not only that, even if a judge and DA and cops violate a defendant's rights OVER AND OVER they still almost always apply the harmless error rule. Even if the trial is essentially infected with bias and procedural corruption (what could be deemed structural error), courts do not care.
Many decisions the court makes are just denials without opinions also, so it's not like the court always even justifies why they ignore a convicted person's request. In other words, the appellate cases you're reading as a law student showing one defendant got released over an error is a cherry picked case chosen by the court either to create the illusion of a fair functioning system or chosen because the situation is so egregious (that means terrible) that courts will look bad if they don't overturn it.
But no, there's nothing functional here.You're privy to nothing if you don't understand that things haven't really been functioning for a long time, primarily because the harmless error rule allows corrupt DAs cops and judges to do almost anything.
With respect, we might not be observing the same things at the same places. I saw an DDA blow up her own case (defendant accused of putting GPS tracker on ex-girlfriend's car) by accidentally mentioning that they traced a GPS tracker back to [defendant's first name].[defendant's surname]@gmail.com, and the judge decided this was fatal to their case because they forgot to put the name of the GPS tracker company employee on their witness list.
This guy was 100% guilty. Two witnesses saw him do it and they found his fingerprints on the tracker.
State v. Landon Heath Higgins, Oregon Circuit Court, case number 23CR14417 if interested.
I don't know the circumstances, but occasionally judges toss trivial things to punish DAs for messing up. It rarely impacts cases with larger punishments. You're likely referring to a misdemeanor case where the defendant may have gotten a plea deal for 6 months and had a good job and time in jail would have messed that up and resulted in a waste of county resources. Also, things like this occasionally happen to create the illusion of legitimacy. I am not sure if this is a case you read or if you witnessed the judge's ruling, but the fact that you're using what is likely a case that carries less than 365 days max time as an example of how a judge will destroy a DAs entire case is in itself revealing.
Have any circuit court examples of cases carrying 10 years? 20 years? Life? No? Oh, I wonder why. Are you a clerk? Assisting an ADA? You're completely biased and want to see things working. Go read about how impossible it is for the harmless error rule to get overcome on appeal, go read about how structural errors are essentially ignored or the remedy isn't even release but just go back to start. There's plenty of articles about this.
https://harvardlawreview.org/print/vol-131/harmless-errors-and-substantial-rights/
I also once saw someone steal a soda from a store and was going to get a month in jail but the judge tossed the entire case because the DA made a procedural error! The system must work!
First of all, you're doing important work and I wish you well in your studies and career, for everyone's sake.
Thanks for the insight. Definitely some positives there. When ICE have added an innocent person's data to be absorbed into (eg) Palantir's database, how confident can we be that it is actually removed again?
If this is illegal (which I am not convinced that it is, even though it certainly should be), then a judge can order Palantir or the relevant government agencies to destroy the data. If there is a question about whether this order will be complied with, the court can appoint a special master to oversee it, but this is rare. Usually what happens is the court will take their word on it, but if it turns out they lied, then the court will impose a stiff penalty for contempt of court.
Federal judges still do threaten and issue contempt of court penalties and disciplinary referrals to officials who blatantly disobey court orders.
I guess this is my main point of concern right now, as an outsider. I know that the courts are still ruling against Trump and the Republicans fairly regularly, but then I hear about situations where they're simply ignoring the courts' rulings and little seems to actually happen as a result.
What do those "disciplinary referrals" actually do? Do people actually get fired, or is it just something else for the Republicans to ignore?
Yep, and the concern shouldn’t just be for yourself - authorities will clone the phones and then comb your contacts and social media and then add to their systems compiling relational data and use that to target people, often innocent people. Your phone data won’t just be used to harass or inconvenience or stress you out, it’ll be used to harm other people. You should care about that.
Yup.
This is why it is critical to have the numbers and contact info of as many of one's family committed to memory, not the Contact list, as possible. Cops can't get at what's in one's head (for the most part)..
that assumes you can prove it, and that the system gives a shit.
The idea behind GrayKey Preserve and Evidence Preservation Mode is to keep the iPhone in a state known as After First Unlock, or AFU.
They don't need to access before a warrant. The whole point of this new method is to keep the phone from going into BFU so they can pull the data off later, when a warrant comes through. (Or again, on the record)
In the US, if cops get into a phone before a warrant, even if a warrant is issued later, all evidence from the phone is suppressed as illegally obtained.
This is not a hard and fast rule. There is the concept of Inevitable Discovery.
If they find evidence during an illegal entry, they may later seize it lawfully under a search warrant and prosecutors may use it in court if they can supply an independent source, rather than benefit from the earlier violation.
Real world example: In Nix v. Williams, decided in 1984, the Supreme Court considered evidence of a child’s body found after police obtained incriminating statements from Williams. Those statements were later determined to have been illegally obtained and were excluded. However, the body was located in the existing search area and the same type of location (a culvert) they were searching. It was simply in a search quadrant they had not gotten to yet. So the searchers would likely have found the body anyway even without those statements.
Well, I expect this to be patched asap now that it has leaked. Apple has been quick to patch things when such leaks happen. Hopefully that’s the case here too.
I have a family member who is a cop, and they told me this was possible months ago. I doubt Apple doesn't know
Apple probably gave them the backdoor
On the assumption Apple wants to facilitate access to such authorities, were I Apple, I'd have either already made available redundant backdoor so disabling any one wouldn't be a problem; or, I'd have others ready to be opened when I need to shut others down.
you cant make a bank vault out of doors.
So, y'all gonna switch to GrapheneOS now?
The companies who sell these bypass devices spend time on graphene too, don’t worry.
The price of iOS exploits would suggest Apple’s doing a pretty good job in this area.
I'm sure they do spend time on Graphene OS, but that's not the same as being successful in cracking it.
Most of these exploits involve side channel attacks which are much closer to the hardware. Graphene definitely does a lot more to make that difficult, but typically devices are getting pwned within a few months even with graphene.
Having graphene on relatively new hardware is a really good practice, but it obviously isn't a complete security posture on its own. Not having sensitive, compromising or incriminating stuff on your daily carry phone is much more important.
I remember one cybersec company got hit with an internal communications leak that suggested they could get into any GrapheneOS device before the Pixel 9, AFU or BFU. They were still having trouble with BFU Pixel 9. But this was a year or two ago.
Device wipe before capture/seizure seems to be the highest guarantee.
As someone with a Pixel 8 running Graphene OS, I'd love for you to cite the source so I could read it.
https://www.androidauthority.com/cellebrite-leak-google-pixel-grapheneos-security-3611794/
Appears I was partially misremembering, they were able to get into older phones on older security patches.
The government can do anything they want to you. We are cattle.