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jonnrb | 8 years ago

Since the DMCA prohibits the circumvention of Access Controls, couldn't Apple litigate the heck out of the GreyKey?

discuss

order

fenwick67|8 years ago

section 1201 (the annoying part of DMCA saying you can't circumvent copyright protection systems) states in section E...

> This section does not prohibit any lawfully authorized investigative, protective, information security, or intelligence activity of an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or a person acting pursuant to a contract with the United States, a State, or a political subdivision of a State.

So it would probably go nowhere in court

https://www.law.cornell.edu/uscode/text/17/1201

dsfyu404ed|8 years ago

You can sue anyone for anything.

On paper sure there's merit to it, in practice it's probably an exercise in futility while the exploit is un-patched and GreyKey is useful to law enforcement.

kossae|8 years ago

I would think the best use of Apple's time is reverse engineering (if the exploit is not already assumed/known) the device and releasing an update rendering it useless. If that isn't possible, perhaps litigation would be the next step. However simply making it 'not work' for LE would be the lowest hanging fruit (under many assumptions about the complexity of this exploit).

chisleu|8 years ago

There are criminal penalties for violation of the DMCA as well, including jailtime.