Microsoft: We Must 'Stand With Apple' in iPhone Cracking Case

SAN FRANCISCO—At the RSA Conference here, many luminaries of the security community have shown support for Apple as the FBI attempts to compel the company to bypass its own security features in order to gain access to an iPhone. But some of Apple's strongest support came from what at first might seem like an unlikely ally: Microsoft.

Microsoft Chief Legal Officer Brad Smith took his time on the RSA Conference stage to talk about the importance of trust in the technology industry. But it didn't take long for Smith to link that discussion to Apple's legal fight. "We have a responsibility I believe to help keep the public safe," said Smith. "That's one of the points that Apple is trying to make in the courts today."

Smith went on to say that technology companies should "stand up for and stand with Apple in this new important case." The fiery remarks were met with applause from the audience of security technology pros.

Breaking down the FBI's request to Apple, Smith described the law at the center of the argument—The All Writs Act—as something "most lawyers seldom talk about." The law was originally written in 1789, and Smith said it was most recently updated in 1911.

"The most advanced computing device...sold in that era was an adding machine," said Smith, holding an antique adding machine before the audience. "We do not need our courts to define 21st century technology with laws that come from the era of the adding machine."

Smith also voiced support for strong encryption. "There is no technology more important than encryption," he said. The FBI, the U.S. Attorney General, and others have voiced increasing concern that encrypted systems impede law enforcement, allowing terrorists and criminals to hide their communications. Smith dismissed this notion.

"Despite the best of intention, the path to hell starts at the backdoor," he said. "We need to make sure encryption technology stays strong."

Doing Our Part
But Smith also pointed out that Microsoft (and, indeed Apple) has a long history of working with law enforcement. Microsoft has worked with domestic and international police to help bring down the Citadel botnet. Smith pointed to the days after the deadly terrorist attacks in Paris, saying the company received numerous legal requests from governments asking for information about the attackers. Smith proudly related how Microsoft was able to respond, determine if the orders were lawful, pull the content, and turn it over in under 30 minutes.

Despite that support, Smith was critical of the oblique manner in which the U.S. government sometimes operates. "We believe emphatically that when a government wants to investigate a business, they should go to the business and serve a warrant to the business and not go to the cloud service provider instead."

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"Cloud computing should not change that balance, business should have a right to know."

A Better Way
Smith said that a balance needs to be struck between what can be done and what should be done in the cases of technology and privacy. "That balance should not be struck by those of us who are unelected, but by those who are. We need governments who strike the balance, but it needs to be a well-informed balance." In that light, Smith voiced support for efforts by Homeland Security Committee Chairman Michael McCaul and Sen. Mark Warner to create a board of cryptography experts to advise Congress.

"Law, and especially technology law do not improve with age," said Smith. "The world is going to trust technology only if the law can catch up."

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