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Apple security updates could be banned by British government

Slydude

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So, under the British security theory, users are supposed to wait for security updates while some bureaucrat decides whether a fix can be released for implementation.

Randy, here's a legal question for you. Assume for a moment that this proposal was to get enacted. What would be the British government's liability if criminals were to exploit a vulnerability while Apple is waiting for permission to release a security update?

I assume there is something written into the proposal exempting them from such litigation.
 
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Randy, here's a legal question for you. Assume for a moment that this proposal was to get enacted. What would be the British government's liability if criminals were to exploit a vulnerability while Apple is waiting for permission to release a security update?

Well, first, understand that I am an attorney licensed in California in the U.S. I'm not any sort of expert on British law.

That said, British law and U.S. law are extremely similar in some ways, one having been based on the other. I'd assume that there would be two laws in Britain similar to ones in the U.S.

The first says that you can't sue the government for things that they do in the ordinary course of business. So, you can't sue the government for enacting laws that you don't like, or which you suffer personal harm from, assuming that the laws are enacted properly in the ordinary course of government doing what it is supposed to do. So, if the President of the U.S. enacts a tariff on imports, and that leads to a trade war and your, lets says soybeans, suddenly have no market, and you lose everything, you aren't entitled to sue the government.

Second, to sue for harm due to negligence, you have to show that the negligent act could have been directly foreseen to have caused harm to a particular defendant. Not a class of potential defendants, but a particular one. Otherwise, the act is deemed to be too attenuated from the harm caused to rise to the level of negligence. The common law school example is the government closes two lanes of a three lane bridge. You are late to work because of the traffic backup. You can't sue for your damages because the act in question couldn't be specifically forseen as effecting you personally.

So, to answer your question directly, if criminals were to break into your iPhone, because of the proposed law, and steal a bunch of stuff that harms you, you are probably SOL.
 
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It would be interesting if the UK makes that move, what would they do when Apple pushes out an update for the rest of the world, but not UK? It would be reasonably easy to do that using geofencing, so it's not an unreasonable scenario. MI5 would still be able to spy on UK phones, but MI6 would lose the security hole for international spying.

EDIT: Oh, and the Brits would go "spare," as they say it, when it happens and they don't get the security the rest of the world gets. Might make it very difficult for some MPs to go home.
 

Slydude

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That's kind of what I thought Randy. I get why such laws exist but I bet somebody tries it just to point out how ridiculous this would be in practice.
 
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"the government has persisted in the nonsensical idea that it is somehow possible to allow it to spy on people without also letting bad guys do the same."
Well they won’t be getting my vote in the next general election due in the next year or so here in the UK.
 
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That's kind of what I thought Randy. I get why such laws exist but I bet somebody tries it just to point out how ridiculous this would be in practice.
At least here in the U.S., bringing a lawsuit against the government is very time-consuming, and expensive. Plus the government has a surplus of attorneys with time on their hands to throw at you. Speaking as someone who has sued the government (successfully, I might add), it's a very bad idea to bring a frivolous lawsuit against the government. Such a suit isn't going to get very far; probably not even far enough to make a point.
 
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Well they won’t be getting my vote in the next general election due in the next year or so here in the UK.

That's one of the reasons that I brought the issue to everyone's attention.

However, a better (or at least additional and more immediate) course of action would be sending e-mails and snail-mails to your elected representatives telling them how you feel about all this, and what your voting inclinations are if they pursue this law. When elected representatives don't get any negative feedback on an asinine proposed law, they tend to assume that the law is a good idea.
 

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Good point Randy and certainly worth a try. I'm afraid though that far too many people have the attitude that "I have nothing to hide so why do I care if they see what I'm doing"? I've heard variations of that theme for the last several years when digital privacy issues are being discussed.
 
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