• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia
Apple

Apple and the FBI re-enact the ’90s Crypto Wars

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
September 27, 2014, 3:23 PM ET

I was reminded last week of a story that broke in the early-1990s, while I was covering tech for Time Magazine. The Department of Justice had targeted a programmer named Phil Zimmermann whose crime — as the government saw it — was writing an application called Pretty Good Privacy and releasing it on the Internet.

Zimmermann, as I recall, nearly went to jail.

PGP was strong crypto, strong enough to be classified as a munition and subject to the Arms Export Control Act.

It wasn’t invincible — no crypto scheme can resist forever a supercomputer with enough time to try every permutation of letters, numbers and punctuation marks. But Zimmermann’s program was the first popular application of an asymmetric technology called public key encryption that made secret codes harder — by many factors of ten — for even the NSA’s computers to crack.

The U.S. government eventually lost the Crypto Wars, as Wired dubbed them. Zimmermann went free, and law-abiding U.S. citizens today can protect everything from Facebook passwords to Caymen Island bank accounts with public key encryption.

I was reminded of all this last week when Apple found itself at the center of another crypto blow up, this one led by FBI director James Comey and fought on the op ed pages by retired FBI agents and the libertarians of the Cato Institute.

At issue are the privacy features with which Apple equipped its new iPhones, from TouchID fingerprint readers to hardwired Secure Elements, where passwords and credit numbers are assigned unique identifiers and locked under double key.

“If the government laid a subpoena to get iMessages,” Apple CEO Tim Cook told Charlie Rose on national TV last week, “we can’t provide it. It’s encrypted and we don’t have a key.”

Cooks remarks did not please certain subpoena-issuing government agencies.

“What concerns me,” FBI director Comey said Thursday at a press conference devoted largely to combatting ISIS terrorism, “is companies marketing something expressly to allow people to hold themselves beyond the law.”

He went on, according to the New York Times’David Sanger and Brian Chen, to evoke every parent’s worst nightmare:

He cited kidnapping cases, in which exploiting the contents of a seized phone could lead to finding a victim, and predicted there would be moments when parents would come to him ‘with tears in their eyes, look at me and say, What do you mean you can’t’ decode the contents of a phone.

“The notion that someone would market a closet that could never be opened — even if it involves a case involving a child kidnapper and a court order — to me does not make any sense.”

The ironies here are thick.

On one hand, Apple brought this on itself, using crypto as a marketing tool to sell more iPhones.

On the other, Apple might not have gone down this road if Edward Snowden hadn’t blown the whistle on the NSA’s domestic surveillance programs — including, according to one NSA slide, a secret back door into Apple’s servers.

In the end, it’s not clear that the government’s ability to track down kidnappers — or terrorists, for that matter — will be greatly hampered by Apple’s Secure Elements. They only limit access to contacts and other data stored on the phone itself. They don’t make it any harder to legally intercept phone calls or e-mail.

“Eliminating the iPhone as one source I don’t think is going to wreck a lot of cases,” security expert Jonathan Zdziarski told the Times. Investigators, he said, have “a mountain of other evidence from call logs, e-mail logs, iCloud, Gmail logs. They’re tapping the whole Internet.”

Follow Philip Elmer-DeWitt on Twitter at @philiped. Read his Apple (AAPL) coverage at fortune.com/ped or subscribe via his RSS feed.

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon

Latest in

Google DeepMind cofounder and CEO Demis Hassabis
AIU.K.
Google DeepMind agrees to sweeping partnership with U.K. government focused on science and clean energy
By Jeremy KahnDecember 10, 2025
3 hours ago
US Federal Reserve Board Chairman Jerome Powell speaks during a news conference following a Federal Open Market Committee (FOMC) meeting in Washington, DC, on December 10, 2025.
Bankingjerome powell
Top economist Diane Swonk: Jerome Powell risks losing the Fed’s credibility on a gamble over AI and immigration
By Eva RoytburgDecember 10, 2025
5 hours ago
Jerome Powell, chairman of the US Federal Reserve, during a news conference following a Federal Open Market Committee (FOMC) meeting in Washington, DC, US, on Wednesday, Dec. 10, 2025. Federal Reserve officials delivered a third consecutive interest-rate reduction and maintained their outlook for just one cut in 2026.
EconomyFederal Reserve
Powell warns of a ‘very unusual’ economy as tariffs keep goods inflation high amid a weakening labor market
By Eva RoytburgDecember 10, 2025
5 hours ago
InnovationBrainstorm AI
Rivian CEO says buying an EV isn’t a political choice, pointing out that R1 buyers are split evenly between Republicans and Democrats
By Jason MaDecember 10, 2025
5 hours ago
Gisler
PoliticsElections
49-year-old Democrat who owns a gourmet olive oil store swipes another historically Republican district from Trump and Republicans
By Jeff Amy and The Associated PressDecember 10, 2025
5 hours ago
FBI
LawCrime
TV producer behind ‘I Married a Murderer’ makes FBI Most Wanted list on claim she got a $14.7 million bank loan as a fake heiress
By The Associated PressDecember 10, 2025
6 hours ago

Most Popular

placeholder alt text
Politics
Exclusive: U.S. businesses are getting throttled by the drop in tourism from Canada: ‘I can count the number of Canadian visitors on one hand’
By Dave SmithDecember 10, 2025
15 hours ago
placeholder alt text
Success
At 18, doctors gave him three hours to live. He played video games from his hospital bed—and now, he’s built a $10 million-a-year video game studio
By Preston ForeDecember 10, 2025
17 hours ago
placeholder alt text
Economy
‘Fodder for a recession’: Top economist Mark Zandi warns about so many Americans ‘already living on the financial edge’ in a K-shaped economy 
By Eva RoytburgDecember 9, 2025
1 day ago
placeholder alt text
Economy
‘Be careful what you wish for’: Top economist warns any additional interest rate cuts after today would signal the economy is slipping into danger
By Eva RoytburgDecember 10, 2025
9 hours ago
placeholder alt text
Uncategorized
Transforming customer support through intelligent AI operations
By Lauren ChomiukNovember 26, 2025
14 days ago
placeholder alt text
Economy
The 'forever layoffs' era hits a recession trigger as corporates sack 1.1 million workers through November
By Nick Lichtenberg and Eva RoytburgDecember 9, 2025
1 day ago
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • Future 50
  • World’s Most Admired Companies
  • See All Rankings
Sections
  • Finance
  • Leadership
  • Success
  • Tech
  • Asia
  • Europe
  • Environment
  • Fortune Crypto
  • Health
  • Retail
  • Lifestyle
  • Politics
  • Newsletters
  • Magazine
  • Features
  • Commentary
  • Mpw
  • CEO Initiative
  • Conferences
  • Personal Finance
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
About Us
  • About Us
  • Editorial Calendar
  • Press Center
  • Work At Fortune
  • Diversity And Inclusion
  • Terms And Conditions
  • Site Map

© 2025 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.