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Trying to find more information about Emergency Data Requests leads in large part right back to this discussion and the original Brian Krebs post, with a few hi

Trying to find more information about Emergency Data Requests leads in large part right back to this discussion and the original Brian Krebs post, with a few hits to various private organizations that explain what it takes to use an Emergency Data Request with them. I'm having trouble finding any basis for this in law. Can anyone help clarify that? Are EDRs just 100% voluntary compliance on the part of some private organizations who are choosing to divulge customer information without an actual court order? If that's the case, why are we lamenting the existence of the hackers and not publicly shaming the companies complying with these nonsense EDRs? Real court orders aren't that hard to get, and at least there'd be a more blatant crime to prosecute if anyone forges them.

judge2020 5y ago
It does seem to be fairly voluntary. https://www.apple.com/legal/transparency/pdf/requests-2020-H2-en.pdf https://www.apple.com/legal/transparency/pdf/requests-2020-H... > An emergency request must relate to circumstances involving imminent danger of death or serious physical injury to any person. If Apple believes in good faith that it is a valid emergency, we may voluntarily provide information to law enforcement on an emergency basis. I imagine this is a middle ground between 'governments always have instant access to customer info' and 'i don't care, get your warrant', because in the latter scenario real harm can be done in the hour/hours it can take to process even a FISA warrant. With this, Apple can deny requests if there is not obvious imminent harm, while probably pretty good at identifying legitimate requests and delivering helpful information within a few hours to keep lawmakers from creating more types of warrants to force Apple's hand. (apple ~= all the other data providers with an emergency request system)
- logifail 5y ago
  > Apple can deny requests if there is not obvious imminent harm, while probably pretty good at identifying legitimate requests You're saying the privacy of my data depends solely on providers being "pretty good" at identifying legitimate requests from people trying to get their hands on it? I feel better already... /s

judge2020 5y ago

It does seem to be fairly voluntary. https://www.apple.com/legal/transparency/pdf/requests-2020-H2-en.pdf https://www.apple.com/legal/transparency/pdf/requests-2020-H... > An emergency request must relate to circumstances involving imminent danger of death or serious physical injury to any person. If Apple believes in good faith that it is a valid emergency, we may voluntarily provide information to law enforcement on an emergency basis. I imagine this is a middle ground between 'governments always have instant access to customer info' and 'i don't care, get your warrant', because in the latter scenario real harm can be done in the hour/hours it can take to process even a FISA warrant. With this, Apple can deny requests if there is not obvious imminent harm, while probably pretty good at identifying legitimate requests and delivering helpful information within a few hours to keep lawmakers from creating more types of warrants to force Apple's hand. (apple ~= all the other data providers with an emergency request system)

logifail 5y ago
> Apple can deny requests if there is not obvious imminent harm, while probably pretty good at identifying legitimate requests You're saying the privacy of my data depends solely on providers being "pretty good" at identifying legitimate requests from people trying to get their hands on it? I feel better already... /s