Greg's bite: no smart phone privacy in California, CES, new 0 Day bug
TweetFollow Us on Twitter

Greg's bite: no smart phone privacy in California, CES, new 0 Day bug

By Greg Mills

In a stunning setback for Constitutional privacy rights regarding the contents of smart phones, the California Supreme Court ruled Monday that if you are arrested on any charge and happen to have your smart phone on you, the police have the right to see and copy everything on it.  

Further, the contents of your phone may be used against you in a court of law, even if unrelated to the original charge they bust you on. All this without a warrant or probable cause. Business information, normally held secret, is also affected at this time.

While I believe in the necessity of the police being able to search a person they arrest to make sure they don't have a weapon on them, the notion that the incredible amount of personal data found on a modern cell phone suddenly and automatically belongs to the State, without probable cause and without a warrant, is counter to the Constitutional notion of a warrant being required for the police to use evidence taken against the will of a private party.

This sets up the situation where a person could be arrested on a minor charge and found innocent of that original charge, but rearrested on a new felony charge based upon information taken without a warrant. When you consider the ever-increasing memory capacity of modern cell phones and the broad types of data found on them, it is easy to imagine the State might also claim the right to everything found on an iPad or laptop as well, simply because you have it with you when arrested.

Once a door is opened, the state tends to expand such an opening until the US Supreme court finds some limit. Similar privacy rights have already been taken away when bringing a computer into the country but this expands that situation to within the country.

It is not settled law yet on whether the state can force you to give them the password to gain access to a locked confiscated device. This is the sort of thing that makes the Untied States different than Iran or other societies like China where the State has virtually unlimited power over the privacy of individuals. This case is certain to go to the Ninth Circuit Court or directly to the US Supreme Court, but in the meanwhile, if you are in California, your cell phone might as well belong to the State. You are just using it until they want the information on it and arrest you with or without probable cause on any charge. Scary indeed.

Technology might allow a workaround. Apps that refuse to open the phone's data without your password, other than just answering an incoming call, might help. They need a password to get into your data. The fourth attempt to guess at the password could wipe the data. With back-up from your computer it only takes minutes to restore from the last saved version of your iPhone or iPad through iTunes. Passwords are not a problem in Iran where they just pull out a blowtorch that is used to persuade cooperation. The tactics of the police in the US are not quite as blunt, yet.   

Tracking people by tracking their cell phones through remote access to the GPS chip is already well known and used extensively by the police. The requirement for a warrant for police to track you is also under review by the courts. Access to text messages, web sites you visit and all your mail and documents being open to the police automatically, seems excessive.  

MSNBC predicts Microsoft's "me too" streaming digital TV box "may challenge Apple and Google."  This is typical of glowing stories on anything coming out of Redmond, normally with the disclaimer (MSNBC.com is a joint venture of Microsoft and NBC Universal). After adjusting your reality meter to the awkward distorted point of view, as you read the story you see that it contains obvious contradictions.  

Today's story (http://technolog.msnbc.msn.com/_news/2011/01/04/5763762-microsoft-tv-may...) contains "minor issues" that are swept under the rug. The unlaunched Microsoft VT streaming device is projected to cost $200 compared to the Apple TV device priced at $99. Costing double the price of an Apple TV device might seem very significant to some people, from a marketing point of view.

Then, the article glibly notes that people will note that the new black box will "pose a serious challenge to the new Apple and Google TV devices, largely because the Windows boxes have a polished and familiar TV-program guide that makes it easy to blend and navigate both online and broadcast content." The author clearly hasn't seen the Apple TV device in use, which is polished to suit Steve Jobs.  

Personally, any familiarity I have with the look and feel of Windows causes me to reach for the Dramamine to alleviate the vertigo and nausea. Similar glowing articles regarding Zune, the Vista 7 Mobile phone and anything Microsoft launches can always be found on MSNBC.  Beware, despite the disclaimers, the authors of Microsoft stories on MSNBC are writing about products they have to like, to keep their jobs.  

Well, another day another 0 day bug found in Windows. They found a new problem related to taking over a PC remotely through a graphics portion of the OS. Perhaps the up-and-coming Stuxnet 2 worm will exploit that or other unannounced holes in Windows. As I always say, "opening a Window is sure to let bugs, viruses and worms in."

The count of "iPad killer slate computers to be announced at the CES have reached 100, and still counting. Apple's timing in announcing iPad 2 after the CES is shrewd, to say the least. Having the last word immediately afterwards is important when you realize the glut of wannabe iPad style computers is due to the incredible success of Apple's new device.  

The electrical power surge in Redmond from all the copy machines coming on at the Microsoft campus when Apple announces anything can probably be noticed at the electrical utility.  Multiply that by a factor of 100 other tech companies and you see why Apple thrives in nearly absolute security protecting it's R&D.

The idiots in the inverted toilet shaped building on Capitol Hill have struck again. While many US schools have adopted iPad and Mac laptops, "stimulus" money from your taxes, has funded a Detroit Michigan school district's purchase of 40,000 Asus notebooks, made in Taiwan. How the "American Recovery and Reinvestment Act of 2009" could stimulate a Chinese company with the purchase of inferior products is something your Democratic Congressman can surely answer, if they are still in office.

That's Greg's bite for today.

(Greg Mills, is a Faux Artist in Kansas City. Formerly a new product R&D man for the paint sundry market, he holds 11 US patents. He's working on a solar energy startup, www.CottageIndustrySolar.com using a patent pending process of turning waste dual pane glass into thermal solar panels used to heat water. Greg writes for intellectual web sites and Mac related issues. See Greg's art web site at www.gregmills.info ; his email is gregmills@mac.com )

 

Community Search:
MacTech Search:

Software Updates via MacUpdate

Catch Battleplans on Google Play from Ju...
Real-time strategy title Battleplans is due for release on Google Play on June 30th, following its release for iOS systems last month. With its simple interface and pretty graphics, the crowd-pleaser brings a formerly overlooked genre out for the... | Read more »
iDoyle: The interactive Adventures of Sh...
iDoyle: The interactive Adventures of Sherlock Holmes - A Scandal in Bohemia 1.0 Device: iOS Universal Category: Books Price: $1.99, Version: 1.0 (iTunes) Description: Special Release Price $1.99 (Normally $3.99) | Read more »
Five popular free apps to help you slim...
Thanks to retail and advertising, we're used to thinking one season ahead. Here we are just a week into the summer and we're conditioned to start thinking about the fall. [Read more] | Read more »
How to ride longer and tame more animals...
It's hard to accurately describe Rodeo Stampede to people who haven't seen it yet. It's like if someone took Crossy Roadand Disco Zoo and put them in a blender, yet with a unique game mechanic that's still simple and fun for anyone. [Read more] | Read more »
Teeny Titans - A Teen Titans Go! Figure...
Teeny Titans - A Teen Titans Go! Figure Battling Game 1.0.0 Device: iOS Universal Category: Games Price: $3.99, Version: 1.0.0 (iTunes) Description: Teeny Titans, GO! Join Robin for a figure battling RPG of epic proportions! TEENY... | Read more »
NinjAwesome: Tips and tricks to be a mor...
Sorry about that headline, but I'm going to go ahead and assume that GameResort would not have named its game NinjAwesome without expecting some of that. It is, in fact, pretty awesome the way it combines an endless runner and old school arcade... | Read more »
Into Mirror (Games)
Into Mirror 1.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0 (iTunes) Description: "Is all that we see or seem, but a dream within a dream?"- Edgar Allan Poe New game by Lemon Jam Studio, the team behind Pursuit... | Read more »
Perchang (Games)
Perchang 1.0 Device: iOS Universal Category: Games Price: $1.99, Version: 1.0 (iTunes) Description: Welcome to Perchang! A test of skill and puzzle solving across 60 stunning levels. | Read more »
BusyCal (Productivity)
BusyCal 3.0 Device: iOS Universal Category: Productivity Price: $4.99, Version: 3.0 (iTunes) Description: BusyCal is a powerful, flexible calendar app for managing busy schedules, events and to dos. | Read more »
Hyperburner (Games)
Hyperburner 1.0 Device: iOS Universal Category: Games Price: $2.99, Version: 1.0 (iTunes) Description: Hyperburner is a high-speed space flier set in a distant colonial solar system. Take your ship through increasingly dangerous... | Read more »

Price Scanner via MacPrices.net

15-inch Retina MacBook Pros on sale for $200-...
B&H Photo has 15″ Retina MacBook Pros on sale for up to $210 off MSRP. Shipping is free, and B&H charges NY tax only: - 15″ 2.2GHz Retina MacBook Pro: $1799.99 $200 off MSRP - 15″ 2.5GHz... Read more
Mac minis on sale for up to $100 off MSRP
B&H Photo has Mac minis on sale for up to $100 off MSRP including free shipping plus NY sales tax only: - 1.4GHz Mac mini: $449 $50 off MSRP - 2.6GHz Mac mini: $649 $50 off MSRP - 2.8GHz Mac mini... Read more
Clearance 2015 13-inch MacBook Airs available...
B&H Photo has clearance 2015 13″ MacBook Airs available for $300 off original MSRP. Shipping is free, and B&H charges NY sales tax only: - 13″ 1.6GHz/4GB/128GB MacBook Air (MJVE2LL/A): $799.... Read more
Apple refurbished Mac minis available for up...
Apple has Certified Refurbished Mac minis available starting at $419. Apple’s one-year warranty is included with each mini, and shipping is free: - 1.4GHz Mac mini: $419 $80 off MSRP - 2.6GHz Mac... Read more
ABBYY TextGrabber: 1,000,000 Installs in 5 Da...
ABBYY, an international OCR technologies provider, has announced that their image-to-text application TextGrabber, got installed 1,000,000 times in just five days while being featured by the App... Read more
New SkinIt Waterproof Case For iPhone 6
With its impact and waterproof design, the Skinit Waterproof case provides security and protection to guarantee your phone will get you through even the most demanding outdoor conditions. The impact-... Read more
iMacs on sale for up to $150 off MSRP
B&H Photo has 21″ and 27″ iMacs on sale for up to $150 off MSRP including free shipping plus NY sales tax only: - 27″ 3.3GHz iMac 5K: $2181.11 $118 off MSRP - 27″ 3.2GHz/1TB Fusion iMac 5K: $1949... Read more
12-inch 1.1GHz Retina MacBooks on sale for $5...
B&H Photo has 2016 12″ 1.1GHz/256GB Retina MacBooks on sale for up to $50 off MSRP. Shipping is free, and B&H charges NY tax only: - 12″ 1.1GHz Space Gray Retina MacBook: $1249 $50 off MSRP... Read more
WWDC Announcements Revisited Still Underwhelm...
I was disappointed that no new MacBook hardware was announced at this year’s all-software World Wide Developer’s Conference. Not even a hint about what’s in the development pipeline. Of course, we... Read more
Twelve South Compass 2 iPad Stand Now Availab...
Twelve South has updated its most popular iPad stand, Compass 2, with the introduction of two new colors — Gold and Rose Gold. These new color options n perfectly complement the new Rose Gold iPad... Read more

Jobs Board

*Apple* Mobile Master - Best Buy (United Sta...
Job Title Apple Mobile Master **Brand** Best Buy **Job Description** **What does a Best Buy Apple Mobile Master do?** At Best Buy, our mission is to leverage the Read more
*Apple* New Products Testers Needed - Apple...
…we therefore look forward to put out products to quality test for durability. Apple leads the digital music revolution with its iPods and iTunes online store, Read more
*Apple* Valley Medical Clinic is Hiring - AP...
Apple Valley Medical Clinic is Hiring! Apple Valley Medical Clinic is an independently owned practice operating a Family Medicine Clinic, a 24/7 Urgent Care, Read more
*Apple* Architect - AECOM (United States)
**Requisition/Vacancy No.** 132759BR **Position Title** Apple Architect **Job Category** Information Technology **Business Line** Government **Country** United Read more
*Apple* Retail - Multiple Positions - Apple,...
Job Description: Sales Specialist - Retail Customer Service and Sales Transform Apple Store visitors into loyal Apple customers. When customers enter the store, Read more
All contents are Copyright 1984-2011 by Xplain Corporation. All rights reserved. Theme designed by Icreon.