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Apple’s iPhone Once Again in the Cross Hairs of the FBI

Apple Inc is once again in the cross hairs of the US Department of Justice and the Federal Bureau of Investigation (FBI). In privacy-vs.-security case being dispute between Apple and the federal government.

Once again, the US Department of Justice is demanding that the company break into a locked iPhone. Once again, the company is resisting. And once again, the rest of us are worried spectators in a game of “Whom do you trust?”

In particular, the FBI wants Apple’s help in unlocking two phones belonging to Mohammed Saeed Alshamrani. The Saudi Air Force trainee who killed three people last month at Pensacola Naval Air Station.

Apple says it has turned over all the data it possesses but refuses to go any further. The FBI wants Apple to create a backdoor past the encryption that protects its devices.

Presumably the issue is headed for the courts

We’ve traveled this road before – and the path is instructive. In 2016, the FBI demanded that Apple develop special software that would allow it to unlock an iPhone 5C used by Syed Rizwan Farook. One of two shooters in a terror attack that killed 14 people in San Bernardino.

When Apple refused, the government obtained a court order. Most of big tech weighed in on Apple’s side. Before the company’s appeal could be heard, however, the FBI surprised everybody with the announcement that it had unlocked Farook’s phone.

The DOJ’s inspector general later found that the FBI had not exhausted all possibilities before taking Apple to court. In particular – and it’s important to follow the rabbit down the hole here – the FBI’s Cryptographic and Electronic Analysis Unit had not asked for the assistance of the Remote Operations Unit of the Technical Surveillance Section of its own Operational Technology Division.

This mouthful of alphabet-soup matters because, as it turns out, the head of the Remote Operations Unit knew of a “vendor” that was “almost 90% of the way” to finding a way to break into a locked iPhone. Upon learning of this, the department invited the vendor to demonstrate the capability. The next day, the suit against Apple was dropped.

Presumably in-house communications have been better this time around. Even so, one can understand why the FBI is back to asking Apple for help. Back in 2016, techies agreed that whatever trick DOJ used would work only once.

Apple closes vulnerability on next generation iPhones

Apple would find out how the unnamed vendor broke the encryption, and close that vulnerability in the next generation of phones. Besides, Farook’s device was an iPhone 5. As as security goes, that’s practically the horse-and-buggy days. Quite likely, then, none of those alphabet-soup players have yet figured out how to break defeat the encryption on the newer devices.

Why does Apple continue to resist? And why do so many of us, notwithstanding our fears about terrorism, think Apple is right?

Here’s one reason: The company does not currently have a means of breaking into a locked iPhone. Forced to develop one, Apple would most likely create a software update that, once sent to the device, would allow the phone to be unlocked through some means other than a password (or facial recognition or fingerprint).

But the mere existence of such a technology is inconsistent with the basis on which the phone is sold. The company proudly trumpets its own inability to recover data from a locked iPhone once the user has exhausted 10 tries at entering the password. The value of this encryption is priced into the device.

iPhone buyers value of the encryption

Even if we assume that the value of this feature to the consumer is quite small – perhaps no more than one percent of the sale price – the total value is quite considerable to Apple. In the 12 months ended September 28, 2019, Apple’s total revenue from selling iPhones was a bit over $142 billion. Thus a one percent security premium would come to $1.4 billion – not pocket change even for a company whose market cap is currently thirteen figures.

Even if the value of the encryption to the buyer is only one half of one percent of the price of the phone, the loss to Apple is $700 million. If, on the other hand, you think the value of the security component is greater than one percent – very much my own suspicion – well, you can do the arithmetic.

In any case, lots of users are attracted to the notion that the Apple does not possess any secret way into the iPhone. (I certainly am.) The government, aware of this concern, insists it’s not asking Apple to create a backdoor; it only seeks a way to extract all the data on a pair of phones.

Less privacy for users

This bizarre bit of linguistic legerdemain is meaningless. To borrow from one of my mentors, you can call it Thucydides or you can call it banana peel, but it’s a backdoor all the same. Whatever the label, software that enables recovery of data without the password would mean a lot less privacy for users.

Still, perhaps you’re wary of absolutes; maybe you believe that in a particular case, the need to prevent crimes – particularly acts of terrorism – should outweigh the individual’s right to privacy. Fair enough. But do ask yourself this: Does history teach that the federal government, once in possession of a surveillance tool, will remain discreet and humble in its use?

Sadly, the record isn’t good. That’s why we’re back here again. And why this time around, the fight will likely be to the finish.

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Stephen L. Carter is a Bloomberg Opinion columnist. He is a professor of law at Yale University and was a clerk to U.S. Supreme Court Justice Thurgood Marshall. His novels include “The Emperor of Ocean Park,” and his latest nonfiction book is “Invisible: The Forgotten Story of the Black Woman Lawyer Who Took Down America’s Most Powerful Mobster.”

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Google’s Search Dominance Is Unwinding, But Still Accounting 48% Search Revenue

Google

Google is so closely associated with its key product that its name is a verb that signifies “search.” However, Google’s dominance in that sector is dwindling.

According to eMarketer, Google will lose control of the US search industry for the first time in decades next year.

Google will remain the dominant search player, accounting for 48% of American search advertising revenue. And, remarkably, Google is still increasing its sales in the field, despite being the dominating player in search since the early days of the George W. Bush administration. However, Amazon is growing at a quicker rate.

google

Google’s Search Dominance Is Unwinding

Amazon will hold over a quarter of US search ad dollars next year, rising to 27% by 2026, while Google will fall even more, according to eMarketer.

The Wall Street Journal was first to report on the forecast.

Lest you think you’ll have to switch to Bing or Yahoo, this isn’t the end of Google or anything really near.

Google is the fourth-most valued public firm in the world. Its market worth is $2.1 trillion, trailing just Apple, Microsoft, and the AI chip darling Nvidia. It also maintains its dominance in other industries, such as display advertisements, where it dominates alongside Facebook’s parent firm Meta, and video ads on YouTube.

To put those “other” firms in context, each is worth more than Delta Air Lines’ total market value. So, yeah, Google is not going anywhere.

Nonetheless, Google faces numerous dangers to its operations, particularly from antitrust regulators.

On Monday, a federal judge in San Francisco ruled that Google must open up its Google Play Store to competitors, dealing a significant blow to the firm in its long-running battle with Fortnite creator Epic Games. Google announced that it would appeal the verdict.

In August, a federal judge ruled that Google has an illegal monopoly on search. That verdict could lead to the dissolution of the company’s search operation. Another antitrust lawsuit filed last month accuses Google of abusing its dominance in the online advertising business.

Meanwhile, European regulators have compelled Google to follow tough new standards, which have resulted in multiple $1 billion-plus fines.

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Pixa Bay

Google’s Search Dominance Is Unwinding

On top of that, the marketplace is becoming more difficult on its own.

TikTok, the fastest-growing social network, is expanding into the search market. And Amazon has accomplished something few other digital titans have done to date: it has established a habit.

When you want to buy anything, you usually go to Amazon, not Google. Amazon then buys adverts to push companies’ products to the top of your search results, increasing sales and earning Amazon a greater portion of the revenue. According to eMarketer, it is expected to generate $27.8 billion in search revenue in the United States next year, trailing only Google’s $62.9 billion total.

And then there’s AI, the technology that (supposedly) will change everything.

Why search in stilted language for “kendall jenner why bad bunny breakup” or “police moving violation driver rights no stop sign” when you can just ask OpenAI’s ChatGPT, “What’s going on with Kendall Jenner and Bad Bunny?” in “I need help fighting a moving violation involving a stop sign that wasn’t visible.” Google is working on exactly this technology with its Gemini product, but its success is far from guaranteed, especially with Apple collaborating with OpenAI and other businesses rapidly joining the market.

A Google spokeswoman referred to a blog post from last week in which the company unveiled ads in its AI overviews (the AI-generated text that appears at the top of search results). It’s Google’s way of expressing its ability to profit on a changing marketplace while retaining its business, even as its consumers steadily transition to ask-and-answer AI and away from search.

google

Google has long used a single catchphrase to defend itself against opponents who claim it is a monopoly abusing its power: competition is only a click away. Until recently, that seemed comically obtuse. Really? We are going to switch to Bing? Or Duck Duck Go? Give me a break.

But today, it feels more like reality.

Google is in no danger of disappearing. However, every highly dominating company faces some type of reckoning over time. GE, a Dow mainstay for more than a century, was broken up last year and is now a shell of its previous dominance. Sears declared bankruptcy in 2022 and is virtually out of business. US Steel, long the foundation of American manufacturing, is attempting to sell itself to a Japanese corporation.

Could we remember Google in the same way that we remember Yahoo or Ask Jeeves in decades? These next few years could be significant.

SOURCE | CNN

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The Supreme Court Turns Down Biden’s Government Appeal in a Texas Emergency Abortion Matter.

Supreme Court

(VOR News) – A ruling that prohibits emergency abortions that contravene the Supreme Court law in the state of Texas, which has one of the most stringent abortion restrictions in the country, has been upheld by the Supreme Court of the United States. The United States Supreme Court upheld this decision.

The justices did not provide any specifics regarding the underlying reasons for their decision to uphold an order from a lower court that declared hospitals cannot be legally obligated to administer abortions if doing so would violate the law in the state of Texas.

Institutions are not required to perform abortions, as stipulated in the decree. The common populace did not investigate any opposing viewpoints. The decision was made just weeks before a presidential election that brought abortion to the forefront of the political agenda.

This decision follows the 2022 Supreme Court ruling that ended abortion nationwide.

In response to a request from the administration of Vice President Joe Biden to overturn the lower court’s decision, the justices expressed their disapproval.

The government contends that hospitals are obligated to perform abortions in compliance with federal legislation when the health or life of an expectant patient is in an exceedingly precarious condition.

This is the case in regions where the procedure is prohibited. The difficulty hospitals in Texas and other states are experiencing in determining whether or not routine care could be in violation of stringent state laws that prohibit abortion has resulted in an increase in the number of complaints concerning pregnant women who are experiencing medical distress being turned away from emergency rooms.

The administration cited the Supreme Court’s ruling in a case that bore a striking resemblance to the one that was presented to it in Idaho at the beginning of the year. The justices took a limited decision in that case to allow the continuation of emergency abortions without interruption while a lawsuit was still being heard.

In contrast, Texas has been a vocal proponent of the injunction’s continued enforcement. Texas has argued that its circumstances are distinct from those of Idaho, as the state does have an exemption for situations that pose a significant hazard to the health of an expectant patient.

According to the state, the discrepancy is the result of this exemption. The state of Idaho had a provision that safeguarded a woman’s life when the issue was first broached; however, it did not include protection for her health.

Certified medical practitioners are not obligated to wait until a woman’s life is in imminent peril before they are legally permitted to perform an abortion, as determined by the state supreme court.

The state of Texas highlighted this to the Supreme Court.

Nevertheless, medical professionals have criticized the Texas statute as being perilously ambiguous, and a medical board has declined to provide a list of all the disorders that are eligible for an exception. Furthermore, the statute has been criticized for its hazardous ambiguity.

For an extended period, termination of pregnancies has been a standard procedure in medical treatment for individuals who have been experiencing significant issues. It is implemented in this manner to prevent catastrophic outcomes, such as sepsis, organ failure, and other severe scenarios.

Nevertheless, medical professionals and hospitals in Texas and other states with strict abortion laws have noted that it is uncertain whether or not these terminations could be in violation of abortion prohibitions that include the possibility of a prison sentence. This is the case in regions where abortion prohibitions are exceedingly restrictive.

Following the Supreme Court’s decision to overturn Roe v. Wade, which resulted in restrictions on the rights of women to have abortions in several Republican-ruled states, the Texas case was revisited in 2022.

As per the orders that were disclosed by the administration of Vice President Joe Biden, hospitals are still required to provide abortions in cases that are classified as dire emergency.

As stipulated in a piece of health care legislation, the majority of hospitals are obligated to provide medical assistance to patients who are experiencing medical distress. This is in accordance with the law.

The state of Texas maintained that hospitals should not be obligated to provide abortions throughout the litigation, as doing so would violate the state’s constitutional prohibition on abortions. In its January judgment, the 5th United States Circuit Court of Appeals concurred with the state and acknowledged that the administration had exceeded its authority.

SOURCE: AP

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Supreme Court Rejects Appeal From ‘Pharma Bro’ Martin Shkreli, To repay $6.4 Million

shkreli

Washington — The Supreme Court rejected Martin Shkreli’s appeal on Monday, after he was branded “Pharma Bro” for raising the price of a lifesaving prescription.

Martin appealed a decision to repay $64.6 million in profits he and his former company earned after monopolizing the pharmaceutical market and dramatically raising its price. His lawyers claimed the money went to his company rather than him personally.

The justices did not explain their reasoning, as is customary, and there were no notable dissents.

Prosecutors, conversely, claimed that the firm had promised to pay $40 million in a settlement and that because Martin orchestrated the plan, he should be held accountable for returning profits.

shkreli

Supreme Court Rejects Appeal From ‘Pharma Bro’ Martin Shkreli

Martin was also forced to forfeit the Wu-Tang Clan’s unreleased album “Once Upon a Time in Shaolin,” which has been dubbed the world’s rarest musical album. The multiplatinum hip-hop group auctioned off a single copy of the record in 2015, stipulating that it not be used commercially.

Shkreli was convicted of lying to investors and defrauding them of millions of dollars in two unsuccessful hedge funds he managed. Shkreli was the CEO of Turing Pharmaceuticals (later Vyera), which hiked the price of Daraprim from $13.50 to $750 per pill after acquiring exclusive rights to the decades-old medicine in 2015. It cures a rare parasite condition that affects pregnant women, cancer patients, and HIV patients.

shkreli

He defended the choice as an example of capitalism in action, claiming that insurance and other programs ensured that those in need of Daraprim would eventually receive it. However, the move prompted criticism, from the medical community to Congress.

shkreli

Supreme Court Rejects Appeal From ‘Pharma Bro’ Martin Shkreli

Attorney Thomas Huff said the Supreme Court’s Monday ruling was upsetting, but the high court could still overturn a lower court judgment that allowed the $64 million penalty order even though Shkreli had not personally received the money.

“If and when the Supreme Court does so, Mr. Shkreli will have a strong argument for modifying the order accordingly,” he told reporters.

Shkreli was freed from prison in 2022 after serving most of his seven-year sentence.

SOURCE | AP

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