The FBI, in the wake of the San Bernardino terrorist attack, has gone to court and gotten a judge to order Apple to write software to decrypt the iPhones the two terrorists used. The FBI has been unable to decrypt them on their own.
Apple has refused to comply.
After reading much of the back and forth between government and Apple, I’m with Apple. As the Electronic Freedom Frontier said:
The government is asking Apple to create a master key so that it can open a single phone,” it said Tuesday evening. “And once that master key is created, we’re certain that our government will ask for it again and again, for other phones, and turn this power against any software or device that has the audacity to offer strong security.”
It’s about violating your privacy by being ordered to hand the government the key with implied permission to use it. Think Pandora’s Box. Forget security, you may as well not encrypt a phone if a master key is available out there. We’d love to believe the government when it says it will only use that software once, but anyone with a modicum of intelligence (and experience with governments) knows how likely that is. And, well, we also know how well our government does cyber security, don’t we Ms. Clinton?
Er, anyway – the government is using a 18th century law, the All Writs Act, to claim that it can demand such software from Apple.
The law lets judges “issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law.”
A little word salad that has the government claiming it has every right to make this demand do just about anything it chooses (if it can get a judge to say so).
Marc J. Zwillinger, a lawyer for Apple, wrote in a letter for a related case in October that the All Writs Act could not be interpreted to “force a company to take possession of a device outside of its possession or control and perform services on that device, particularly where the company does not perform such services as part of its business and there may be alternative means of obtaining the requested information available to the government.”
The government says it does not have those alternative means.
Mr. Cook’s statement called the government’s demands “chilling.”
“If the government can use the All Writs Act to make it easier to unlock your iPhone, it would have the power to reach into anyone’s device to capture their data. The government could extend this breach of privacy and demand that Apple build surveillance software to intercept your messages, access your health records or financial data, track your location, or even access your phone’s microphone or camera without your knowledge.”
This is another indicator of how corrosive the “War on Terror” has been to our liberties. It’s like slow drip acid, with every drop another assault on what we once took for granted as protections against an invasive government. And our government has been more and more invasive as concerns our privacy since this “war” began.
Sometimes, looking at what the government attempts to do in the name of security, you’d think the terrorists had won, wouldn’t you?
I’m coincidentally the same age as Steve Jobs and Bill Gates. I’ve seen and worked in the industry they created – what we first called "micro-computers" and later "personal computers" or PCs.
Even that term is falling out of favor. "Laptop" is probably heard more often now, with "tablet" and "slate" moving in.
I’m wondering, though, if "slate" will actually stick. Just as "kleenex" is the word most of us use for a small tissue to wipe your nose (no matter how Kimberly-Clark feels about it), I wonder if we’ll someday be talking about "ipads" from Amazon and Samsung. That would merely be continuing the trend where "ipod" is becoming the generic term for an MP3 player.
This is one example of the power of Steve Jobs to set the agenda in the last ten years. There are plenty more.
The changing signs on Music Row in Nashville are another testament to his ability to turn an existing order upside down. The iPod changed the music industry beyond recognition, and here in Nashville we had a front-row seat to watch the changes.
The area of most interest to me, though, is in software. I’ve focused more on user interface design over the years than any other area. I’ve watched Apple drive a trend that is powerful and desirable in our industry: moving from just making something possible with technology to making it easy.
For decades, it was enough for a software program to make something possible that was not possible before. DOS-based software was never particularly easy to use. The underlying technology to make it easy just wasn’t there.
Jobs and Wozniak pioneered that era, but Bill Gates ruled it. He reduced IBM to irrelevance, along with Novell, Lotus, and WordPerfect, all major league software companies at one time.
To some extent, Bill understood the importance of making things easy; Excel was about ten times easier to use than Lotus 1 2 3. But he never really innovated much in making things easy. His forte was seeing good ideas produced by others and then copying those ideas and making products based on them affordable and practical. Windows was never the equal of the Mac until (arguably) Windows 7, but it ran on cheaper machines and Bill made it friendly to businesses, which were the biggest buyers of PCs until somewhere in the 1990s.
Steve Jobs and his crew were Bill’s best idea source. I sometimes thought that they served as the unofficial research arm of Microsoft for user interface design throughout the eighties and nineties. Apple sputtered through that period, producing hits (iMac) and misses (Newton). At one point, Bill Gates even stepped in with a capital infusion that saved Apple from likely irrelevance or even bankruptcy. I suppose he didn’t want to see his free research lab disappear.
During that era, Steve Jobs kept pushing the boundaries. The very first Mac was a pain to use, because it was too slow to do what he imagined, and had a screen that we would laugh at today. But it made some new things possible, such as real graphic editing. Though a PC was my main machine in the mid-1980s, I would put up with the Mac’s flaws to do my graphics work. The salesmen at our company often said our diagrams of the system we were proposing often clinched the sale.
I believe Jobs had a vision during that period of what personal technology could be like, but the nuts and bolts were not quite there. Nevertheless, he always insisted on "user first" thinking.
Jobs understood something that is still misunderstood by almost all companies in technology. You can’t innovate by asking your users to tell you what to do.
The typical technology company convenes focus groups and does market research, and then says "Ah, what buyers want is X, Y, and Z. OK, you lab guys, go create it for the lowest possible cost."
Steve Jobs understood that consumers and users of technology don’t know how to design technology products any more than movie goers know how to write screenplays. To create innovative and delightful user experiences, it is necessary to get inside the mind of the user and understand them so well that you know what they will like even before they do.
This is hard. It’s so hard that only two companies in my lifetime have been any good at it at all: Apple and Sony. And these companies have dramatically different batting averages, with Apple up in Ted Williams territory while Sony languishes around the Mendoza line.
Finally, about ten years ago, the underlying technology started matching up with Jobs’ vision. The result was the iPod.
There were plenty of MP3 players that pre-dated the iPod. I had one, from Creative. It had about enough storage for three albums, and required me to organize files and folders on it to store my music.
Steve Jobs saw the small, low power hard disks coming on line and realized they could be the foundation of a new, reimagined device. First, it would store hundreds of albums or thousands of songs – a typical person’s entire music collection. It would use software designed earlier to manage music – iTunes.
The big departure was the approach to user experience. The iPod was so simple to use that someone could pick it up and figure it out in about two minutes.
This was done by purposely leaving out features that were arguably useful. While the other MP3 makers were designing and marketing on checklists of features, the iPod stripped things down to the basics. And kicked the others to the curb.
Jobs realized before others that it was time to stop working on "possible" and start emphasizing "easy". When technology is new and rapidly evolving, something new is possible with each passing year, and giving buyers new features is enough to sell products. But when technology reaches a certain point, and the feature lists get long enough, all products have the essential features. The differentiation then becomes based on something very simple: what people like.
This is particularly true as technology starts appealing to a broad market. If you try to satisfy everyone in a broad market by including all the features anyone in a broad spectrum wants, you’ll end up with an unusable mess.
At some point in the evolution of technology for a given space, people just assume that the features they really need will be in all the devices they see. They start choosing based on emotion. That is, they seek what feels elegant and fluid to them, something they really want to be a part of their daily life.
This is where genuine design, based on universal design principles that go back decades or centuries, starts adding value. For example, Hick’s Law says that the time required to choose an option goes up as the number of options increases. Simply put, users get frustrated trying to find the feature they want from a long list of features in a menu, or trying to find the button they want on a remote control that has fifty-eleven buttons.
There is an entire body of knowledge in this space, and the first major computer/software company to emphasize designers who knew and understood this body was Apple. The culture at Apple values people who know how to get inside the mind of a user and then create a new way of interacting with technology that the user will love.
Jobs created and drove that culture. He went from turning the music business upside down with the iPod to turning the phone industry upside down with the iPhone, and now Apple is remaking their original territory, the personal computer, with the iPad.
I’ve discussed before in the comments here that I don’t like the iPad. It’s slow and limited for my purposes, many of the web sites I use are not compatible with it, and I don’t like iTunes.
But it’s not designed for me. That’s a key lesson that designers grow to appreciate. Each design has a target audience, which must not be too broad. The true test of a good designer is whether they can design something for someone who is not like them.
I put my iPad in the hands of my 76 year old mother, and she immediately took to it. I showed her a few basic touch gestures, and she could immediately do the only things she uses a computer for – browsing and email. For her, it was easy, and as a veteran of the made-to-do-anything-and-everything Windows (I got her a computer for email and such six years ago), she really appreciated that.
The culture created by Jobs can do things that Microsoft, for all its money and brains, is not very good at. Microsoft people are smart. I work with many of them, so I’ve seen it firsthand. But almost all of them have a tendency that is all too common in the human race. They can only see the world through their own eyes, and are not very good at seeing it through the eyes of someone with a radically different background or different abilities.
When Microsoft teams start designing a new product or version, most of the times I’ve been involved, the process started with a list of proposed features. In other words, their process starts with what they want to make possible for the user.
Unlike Apple, the culture at Microsoft places little or no value on making things easy. This isn’t surprising, because Microsoft’s success over a span of decades has not been dependent on innovation in making things easy. It’s been in making things possible and affordable. They copied the "make things easy" part from someone else, usually Apple.
But even Microsoft has seen the direction for the industry laid out by Jobs and Apple, and realized that things have sped up. Copying isn’t good enough any more. Jobs perfected the process of laying entire segments waste with an innovative new entry, and as the iPhone showed, it can happen in a single year.
Those at Microsoft are starting down the path of worrying more about user experience. They may not like it much, but they realize it’s now a matter of necessity.
First, they created the XBox – an entirely new product in a separate division that successfully challenged established players in a world where user experience trumps everything else. Then, shamed by the abysmal Windows Mobile products they had produced in the phone space, they created a pretty decent product there in the Windows Phone.
Their steps are halting and tentative, but at least they are toddling down that path now. I hope they learn how to walk and run on that path, but given the effort it will take to turn their culture around, that will take a while.
I don’t know that they would have ever gone down that route if Jobs and Apple had not pushed them down it. I’ve chafed for most of my career at the apathy and ignorance in the Microsoft community around user experience. I’ve always believed that our systems and devices exist for users, not for our own aggrandizement. As such, we owe them the best experience we can give them.
I was never a major Apple customer. Apple was never a cost-effective choice for the business and data oriented software I’ve created.
But that doesn’t mean that I don’t appreciate what Steve Jobs did for our industry. I absolutely do. I wish he could have been around for another decade or two, continuing to show the world that "possible" isn’t good enough, and push the rest of the industry into respecting our users and making things easy.
There are certainly more comprehensive tributes, but this is my favorite so far. From Steven Horwitz:
Unlike many, I am not an Apple-phile. I honestly don’t get the emotional relationship people have with their products. HOWEVER… there is absolutely no doubt that Steve Jobs is a symbol of all that is right with markets and capitalism. This is a man who became very, very rich by making many people’s lives (including my own) very much better. He was a master at creating value and persuading people that they wanted things they didn’t know they wanted. He should be part of the pantheon of human heroes.
Unlike the political and military heroes of war we too often celebrate, Jobs is a hero of peace. He made his money through persuasion not at the point of a gun, and through mutual benefit not oppression and exploitation. Those of us who really desire a peaceful society should not celebrate those who were victorious in war, but those who created value through peaceful, voluntary, mutually beneficial exchange – exchanges that happen billions of times every single day. And we should do it no matter whether what was exchanged was electronic bits of magic, food for us to eat, or financial instruments that improve the movement of capital. They all create value and improve our lives, and all of their benefits are deserved.
Thanks for everything Steve and thanks for making the world a better place one peaceful, cooperative exchange at a time.
Unsurprising, really, but certainly something I think Apple needs to hear about from consumers:
Apple Inc. is now collecting the “precise,” “real-time geographic location” of its users’ iPhones, iPads and computers.
When users attempt to download apps or media from the iTunes store, they are prompted to agree to the new terms and conditions. Until they agree, they cannot download anything through the store.
The company says the data is anonymous and does not personally identify users. Analysts have shown, however, that large, specific data sets can be used to identify people based on behavior patterns.
Now I’m like most people – I don’t have the time or interest, usually, to read the “I agree” statements that accompany many software updates and licenses. Most of us automatically hit the “I agree” button and get on with business.
And I also know that it is up to me (i.e. my responsibility) to read those things and if I don’t then what they do is on me for not doing so.
That said, when I either have to agree to use the produce and software I’ve already paid for or else, then I think there’s a certain level of coercion involved that I find disturbing.
So – given the circumstance (and no, I don’t have an iPhone), this should be something clearly stated by Apple with an “opt in” clause, where it is the customer’s option to let the consumer decide to share their data – not the other way around.
Until then, I think iPhone users ought to raise holy hell with Apple until they change their agreement.
The French Finance Minister has noticed that the disparities within the European economy are causing a number of issues, and fingers the….Germans!
“Clearly Germany has done an awfully good job in the last 10 years or so, improving competitiveness, putting very high pressure on its labour costs. When you look at unit labour costs to Germany, they have done a tremendous job in that respect. I’m not sure it is a sustainable model for the long term and for the whole of the group. Clearly we need better convergence.”
You see, having an economy so efficient that you can be more competitive than your neighbors with high wages and a high standard of living means you need to change so that the French, Greeks and other assorted PIIGS can continue down the path they have chosen. The Germans are just too darned efficient for the greater good.
In the interest of being helpful I have identified several important initiative’s that the Germans should adopt to align themselves more fully with their neighbors.
- Do not keep your debt levels below 3% of GDP…ever.
- Encourage massive strikes at the drop of a hat.
- Make public services far more attractive than working in the private sector, with massive strikes and riots to keep it that way.
- Make it almost impossible to layoff anyone for any reason.
- Mandate at least six weeks paid vacation for every employee.
That should make sure your economy is not too efficient.
Is China’s economy about to rollover?
I won’t explain this, just let it sink in:
I don’t think it will be as bad as Japan, but the evidence isn’t giving me any great comfort either.
I love Apple, and I love my iPhone. Still, is Apple really worth more than Walmart? Or these various baskets:
- 4x the global smartphone market
- 5x the global music market
- 100x the global smartphone app market
- Enough to buy HP, Dell and Hitachi, with mad money left over for Xerox or Seagate
Yep, that whole efficient markets hypothesis may take a beating again.
Did any of you see Michael Lewis on 60 Minutes Sunday? If you didn’t, I highly recommend it.
Cross posted at The View From the Bluff