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Apple faces win-win scenario in privacy fight

ASSOCIATED PRESS

An Apple iPhone in Washington on Feb. 17. The federal government has chosen the encrypted iPhone of San Bernardino, Calif., shooter Syed Rizwan Farook to make its long-held case that airtight consumer electronics are undermining national security.

It is a battle for public opinion almost as much as it is for the law.

And in Apple Inc., the government faces a formidable corporate foe — an iconic American brand that merely has to stand up for privacy to keep the reputation of its products intact. If the company loses in court, chances are it’s still business as usual for the iPhone.

For the government, the stakes are higher. It has chosen the encrypted iPhone of San Bernardino, Calif., shooter Syed Rizwan Farook to make its long-held case that airtight consumer electronics are undermining national security. A loss in court would likely widen the gap between technology and law enforcement, making its job that much harder at a time when Silicon Valley and Washington have struggled to see eye-to-eye.

“They’re in a win-win situation,” Angelo Zino, an analyst at S&P Global Market Intelligence, said of Apple after issuing a strong buy recommendation for the company’s stock Monday. “The immediate term may look bad for them, but there’s absolutely no impact on the fundamentals of the company. They’re the darlings of many consumers.”

Of course, no one picks a fight with the federal government without facing considerable risk.

Apple is the subject of withering criticism and pressure from Washington, including charges from the Department of Justice that the company is more interested in its marketing strategy than the law. Indeed, the developments of the last week have showered substantial attention on Apple, which has used the opportunity to trumpet itself as a protector of privacy for all.

The FBI sees it all as spin. On Sunday, FBI Director James Comey intensified the war of words for public support by invoking the slaughter of Farook’s 14 victims and called on Americans to reconcile “how to both embrace the technology we love and get the safety we need.”

That conversation has invariably spilled into the presidential primaries.

Republican candidate Donald Trump has called for a boycott of Apple, underscoring the potential for a populist backlash against the Cupertino, Calif., company.

Already, a Pew Research Center survey released Monday shows more Americans (51 percent) favor unlocking the device than keeping it encrypted (38 percent). Although not one-sided by any means, the results did show more people siding with the government, regardless of political leaning, age and even among iPhone owners.

Some analysts said to take the survey with a grain of salt.

“People in online polls have knee-jerk reactions when there’s no clear impact on them,” said Peter Misek, a board adviser at DN Capital and a former financial analyst who followed Apple. “I suspect it would be a very different response if consumers were (asked): ‘Do you consent to having the entirety of your phone searched in investigations?’ “

Others say U.S. public opinion matters little for Apple. What counts is what consumers — particularly potential new customers — in the company’s growth markets such as China, Russia and Brazil think.

“Everybody recognizes that the U.S. market is not the largest part of Apple’s market,” said Jonas Kron, senior vice president at Trillium Asset Management, which manages $200 billion in assets. “Apple seems to have a clear vision that being a strong protector of privacy is in their best interests, and we’ll have to see how big global audiences respond to this.”

The FBI battle could become a major conversation at Apple’s annual meeting with shareholders Friday. The iPhone accounts for about two-thirds of Apple’s revenue and a significant share of its profit. Even the faintest signal that iPhone sales or consumer sentiment about the device is shifting can have huge effects on shares of the world’s most valuable public company by market capitalization.

Apple Chief Executive Tim Cook wrote to employees Monday that he’s received messages from thousands of people across America in the last week, the majority of them supporting the company’s position. He cited two emails in particular, one from a 13-year-old software developer whom he said thanked Cook for standing up for “all future generations.”

A group advocating for freedom of the Internet called Fight for the Future organized rallies outside Apple stores worldwide that were set for today in support of the iPhone maker.

Cook has framed the fight as one for the future of digital privacy. Creating a back door to unlock Farook’s phone would open a Pandora’s box, the company said.

Cook’s letter came a day after the FBI’s Comey said the agency’s request was isolated.

“I hope folks will take a deep breath and stop saying the world is ending, but instead use that breath to talk to each other,” Comey said in a statement.

“We simply want the chance, with a search warrant, to try to guess the terrorist’s passcode without the phone essentially self-destructing and without it taking a decade to guess correctly. That’s it,” Comey said. “We don’t want to break anyone’s encryption or set a master key loose on the land.”

For an extremely private company, Apple’s loud and very public stance is not surprising given what’s transpired since National Security Agency contractor Edward Snowden revealed widespread cooperation between the government and technology and telecommunications providers to analyze consumers’ conversations.

AT&T, Verizon and other companies faced a public lashing for not doing more to fight government orders. Shareholders pushed back at companies named in the Snowden files, worried about the risk that close ties to the U.S. government could have to sales across the world.

Apple could end up avoiding the same scrutiny because of its transparency now.

“Some consumers will look at this and say, ‘Apple is fighting for my data’ and that will reflect well on Apple,” said Daniel Castro, vice president of the Information Technology and Innovation Foundation. “This all helps Apple’s reputation.”

A survey this year by management consulting firm Cg42 found consumers held Apple and Google in higher regard over privacy than Verizon and T-Mobile. Moreover, the firm also found that the more people learned about what kind of digital personal information was available to industry and government, the more concerned they became about privacy.

“It’s critical for Apple to take the stance it has taken because the awareness of what is at risk every day is becoming higher to the average consumer,” said Stephen Beck, managing partner at Cg42.

In the end, consumers could simply decide they can’t live without the iPhone, regardless of what happens to the FBI’s case. There’s a reason why Apple has sold nearly a billion units since it was introduced in 2007.

“Even if people side with the FBI, they are still going to buy their iPhone,” said Gene Munster, a stock analyst at Piper Jaffray. “Their philosophy on this doesn’t outweigh the utility that the iPhone gives them. Yes people may say they support the FBI, but they won’t change their buying behavior.”

Munster didn’t discount the possibility that Apple could lose in the court of public opinion.

“But more likely,” he said, “it just blows over and it’s a non-event. For the average person, it’s just not that big of a deal.”

20 responses to “Apple faces win-win scenario in privacy fight”

  1. DiverDave says:

    The dirty little secret is that Apple already has a back door into the phone. They just don’t want their consumers to know. Any manufacturer of any computer or device can anytime go into any of your devices and see what you are doing. That’s why the rich get richer. The high ups can go into any computer system at will, know all you financial data, and see every key stroke you make.

    Apple has a huge customer base in China, and has been touting these so called “secure” phones. If it gets out they have a back door it’s game over.

    • choyd says:

      You appear to not understand how iOS works (or any operating system) and think that phones are just think clients.

      • choyd says:

        *thin clients. Whoops.

        • DiverDave says:

          Nothing is ever built that someone doesn’t know how to break into. The minds that brought this into the world know how to take it out. They are far more knowledgeable than you will ever be.

        • choyd says:

          I never said Apple couldn’t do it. You are creating false arguments and then attributing them to me. In fact, for days I’ve stated Apple CAN, but should not.

        • DiverDave says:

          Don’t believe a word of it. The minute these guys at Apple made it they also figured out how to break it. That’s what they do.

        • choyd says:

          Considering you demonstrated a gross ignorance of basic computing, not sure why anyone should put any value in your statement.

    • Cellodad says:

      and your MS in CS/IS is from where exactly? As the previous comment mentioned, you really don’t seem to know how these things work. But it’s not just you, it’s most everybody. People talk about kids, for example, being “tech savvy.” ( I hate that term) They and most people are not. They are consumers of media and technologies but the technologies run on Magic Smoke for all they know.

      • choyd says:

        Indeed. It’s sad how people think that Apple creating a custom firmware RAM disk to bypass the regular booting system and replacing it with a custom one stripped of most security measures so that the FBI can hook the phone up physically to a cracker that brute forces the passcode is somehow the same as unlocking it.

        Goes to show just how little people understand about what really goes on under the hood of their devices.

    • mikethenovice says:

      Dave. Why would the wealthy be interested in what puppy videos I watched on You Tube?

      • DiverDave says:

        Well they surely would like to know what Mattel is touting for the next hot toy for Christmas so they can invest or not. Get it? Information is power, money power.

  2. localguy says:

    FBI cyber bozos already made a serious error by tampering with the phone before whining they can’t break the codes. No asking Apple to fix their failure. Laughable.

    Notice how the FBI has said nothing about contacting the cell phone’s service service to provide a list of call and text message times and dates to back up their claims the phone may have crucial evidence. FBI is fishing for information.

    • choyd says:

      It is highly likely nothing is on that phone. The culprits physically destroyed their personal phones and removed the hard drive on their computer and either shred it or hid it. When their personal devices are physically destroyed, the odds that a work device has any useful info is minimal. The FBI doesn’t talk about that because it destroys their narrative.

      • lee1957 says:

        What’s the narrative?

        • choyd says:

          That there is valuable information on this phone relevant to the case and that it is imperative that Apple unlocks the device.

          The FBI is basically lying through its teeth. There is no reason to think that a pair of terrorists who took extreme measures to destroy private data would leave such data on a work phone. And the FBI wants a very specific type of software that can be used against other phones in the future. Furthermore, a court order means nothing as Snowden proved that virtually EVERY SINGLE court order for this type of stuff in the past was rubber stamped.

          The FBI has for years on record stated they wanted a backdoor into both Android and iOS. They are using this as a means of driving public opinion to get it. Lots of completely tech iliterate people are backing the FBI without realizing the huge consequences of what they advocate for. Every time we give the gov’t more power for anti-terror, they abuse it. And there is no reason whatsoever that Apple’s other markets where governments are oppressive will not demand the same software to go after journalists, bloggers and political dissidents.

          The crimes of two people do not warrant several billion people giving up their freedom and privacy.

    • DiverDave says:

      Localguy, isn’t that the FBIs job, to fish for info. Maybe we should just do away with the FBI then, as they are not needed.

    • choyd says:

      One thing the FBI does have somewhat valid reason is iMessage which isn’t handled by the carrier or stored on Apple’s servers. BUT, this would basically render iMessage unsecured. Which is dangerous for everyone.

  3. Macadamiamac says:

    A real win-win would be for ATT or whichever carrier the iPhone is ‘subscribed’ to pull the call logs on the account. That’s what the fibbies want anyway. With a properly drafted warrant – not a laundry list as the fibbies are probably asking for. If it’s really the data they’re after. Apple doesn’t have to ‘crack’ its security promise, the fibbies get the data, but not the keys or backdoor, and the carriers who have the actual data simply cough up whatever is specified in the warrants.

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