Apple vs FBI. Apple did not lose. War drags on.

It may be very tempting to say that Apple lost. That, fortunately, is untrue. It is, as it were, an inaccurate perception or a misreading. Just as every device or software has flaws, an iPhone too can have vulnerabilities. That is surely not an earth shaking news, though it will make iPhone users very uneasy. Some say junk iPhone 5c. Well, some may do that. May be that presents a buying opportunity for those who do not wish to have secure phones to acquire an iPhone 5c dirt-cheap. The core argument put forth by the Cupertino folks is this:

"Apple believes deeply that people in the United States and around the world deserve data protection, security, and privacy. Sacrificing one for the other only puts people and countries at greater risk."

In this unlikely face-off between Apple Inc. and FBI, the following may be noted:

1. Apple showed tremendous courage and refused to buckle down, sticking to the decision to use all possible legal options
2. By and large, the public opinion in US did not become hostile to Apple even though the company was refusing to open the phone of a terrorist
3. Apple had the support of a large section of people, the political system, and large sections of the industry
4. A wide range of IT companies – big and small – rallied behind Apple seeing it as their own fight
5. The Snowden revelations and other stories had clearly convinced the people not to judge the issue in excessively simplistic terms: either being a patriot who helps the FBI or get labelled an enemy of USA

In a way, Apple succeeded in winning over large sections of the industry, US citizens, and the political class to their argument that helping FBI in one case compromises the security of millions of its users worldwide, including perhaps staff of the CIA and FBI who may be using an iPhone

While there is a view that there are no winners after a third-party hacker helped FBI break into the data on the iPhone, it is clear that Apple won the day for the following reasons:

1. FBI had to retreat from the fight
2. FBI failed to create a legal precedent by forcing Apple and other companies to create a permanent ‘back door’ in devices and software for security agencies
3. FBI was unsure of what will happen in the court
4. Apple succeeded in conveying its point of view to both its users and people at large
5. Most importantly, Apple refused to buckle down and succeeded in sticking to its position firmly in the belief that it can count on the judicial process to make a final decision

Some have chosen to ridicule Apple with the argument that the company lost because hackers have discovered a vulnerability and Apple has no clue as to what that is. Those who adopt this view assume that had Apple cooperated with FBI, Apple would have got the technical details of this vulnerability. That is a case of gross misreading of the situation. Had Apple cooperated, there was no need to hack at all! Without the hacking, the hole would not have been found.

If Apple were to help FBI, the solution was fairly simple and straightforward – they is no need to hack. Apple has to use their knowledge of the system to gain access to the data on the phone. Hackers found the vulnerability precisely because Apple did not cooperate. Hackers located a vulnerability (assuming that indeed is the case) because FBI, in effect, outsourced the task by offering handsome rewards to hackers. It is anybody’s guess how much FBI paid to the wining hacker.

Having said that, note that every device and software does have some vulnerability. Some are found quickly; some are discovered late. Now that hackers have tracked down one vulnerability, Apple too will find that very soon, when they too make an effort. The iPhone 5c running an old version of iOS is an old model, released in September 2013. Since then, newer versions of iPhone and iOS have rolled out with enhanced security features. Perhaps, the same weakness is absent in the newer versions. As in all such cases, a fix will be found to rectify the vulnerability, once the developers understand the specifics of the problem.

Central to the dispute is the FBI’s demand that Apple must henceforth tweak the iPhone software by adding a security hole (‘back door’) that agencies like FBI can use any time without the help of the company or the knowledge of the user. FBI was forcing Apple to keep a ‘back door’ open permanently in all devices. This is quite a hideous demand. Not only is FBI asking Apple to help with getting access to data on one particular device, but also it was compelling the company to redesign the operating system giving an entry point to FBI in all the present and future phones! Obviously, once such a hole is created, others (including terrorists and criminals) too will exploit it – sooner than later!

If Apple complied, FBI would have forced other phone manufacturers also to do that. Moreover, this issue is not limited to one device. It applies to other devices and software. Perhaps, this is a major reason why Apple wanted to use every legal option available to fight the FBI all the way.

The biggest win for Apple, however, is that it managed to fight the FBI with public opinion on its side. Luckily, Apple did not overnight become an enemy of America. That is because people have begun to understand a little more clearly that in the name of fighting terror, they should not end up giving up their freedoms and privacy. Perhaps, more and more people are realizing that pursuing terror suspects should not be at the cost of everyone losing their rights to privacy and security on phones, other devices, and networks. Apple did not lose, but the war will drag on.