Tag: tim cook
Exclusive: San Bernardino Victims To Oppose Apple On iPhone Encryption

Exclusive: San Bernardino Victims To Oppose Apple On iPhone Encryption

By Dan Levine

(Reuters) – Some victims of the San Bernardino attack will file a legal brief in support of the U.S. government’s attempt to force Apple Inc to unlock the encrypted iPhone belonging to one of the shooters, a lawyer representing the victims said on Sunday.

Stephen Larson, a former federal judge who is now in private practice, told Reuters that the victims he represents have an interest in the information which goes beyond the Justice Department’s criminal investigation.

“They were targeted by terrorists, and they need to know why, how this could happen,” Larson said.

Larson said he was contacted a week ago by the Justice Department and local prosecutors about representing the victims, prior to the dispute becoming public. He said he will file an amicus brief in court by early March.

A Justice Department spokesman declined to comment on the matter on Sunday.

Larson declined to say how many victims he represents. Fourteen people died and 22 others were wounded in the shooting attack by a married couple who were inspired by Islamic State militants and died in a gun battle with police.

Entry into the fray by victims gives the federal government a powerful ally in its fight against Apple, which has cast itself as trying to protect public privacy from overreach by the federal government.

An Apple spokesman declined to comment. In a letter to customers last week, Tim Cook, the company’s chief executive, said: “We mourn the loss of life and want justice for all those whose lives were affected,” saying that the company has “worked hard to support the government’s efforts to solve this horrible crime.”

Federal Bureau of Investigation Director James Comey said in a letter released on Sunday night that the agency’s request wasn’t about setting legal precedent, but rather seeking justice for the victims and investigating other possible threats.

“Fourteen people were slaughtered and many more had their lives and bodies ruined. We owe them a thorough and professional investigation under law. That’s what this is,” Comey wrote.

The FBI is seeking the tech company’s help to access shooter Syed Rizwan Farook’s phone by disabling some of its passcode protections. The company so far has pushed back, arguing that such a move would set a dangerous precedent and threaten customer security.

The clash between Apple and the Justice Department has driven straight to the heart of a long-running debate over how much law enforcement and intelligence officials should be able to monitor digital communications.

The Justice Department won an order in a Riverside, California federal court on Tuesday against Apple, without the company present in court. Apple is scheduled to file its first legal arguments on Friday, and U.S. Magistrate Judge Sheri Pym, who served as a federal prosecutor before being appointed to the bench, has set a hearing on the issue for next month.

Larson once presided over cases in Riverside, and Pym argued cases in Larson’s courtroom several times as a prosecutor while Larson was a judge, he said. Larson returned to private practice in 2009, saying at the time that a judge’s salary was not enough to provide for his seven children.

He said he is representing the San Bernardino victims for free.

(Reporting by Dan Levine in Oakland, California; Additional reporting by Curtis Skinner; Editing by Sue Horton and Mary Milliken)

Photo: Apple iPhones are displayed at an Apple store in Beijing, China, February 17, 2016. REUTERS/Damir Sagolj

Indiana Religious Freedom Act: What’s Behind The Law And The Backlash

Indiana Religious Freedom Act: What’s Behind The Law And The Backlash

By Michael Muskal, Los Angeles Times (TNS)

When Indiana approved a law designed to allow residents and business owners to use their religious beliefs as reason to deny services to some people, the conservative state braced for some fallout. But the response was quicker and harder after a campaign from critics who argued the law discriminates against gays and lesbians.

Within days, Indiana was the target of a social media boycott campaign, threatening its lucrative convention business. Top business leaders from the technology sector slammed the state. San Francisco and Seattle announced they were barring publicly funded travel to Indiana. Connecticut announced it would follow suit. Even the NCAA, a temple to what some consider to be the religion of basketball, weighed in, saying it was disappointed in the new law and wanted a clarification before deciding what to do about future events and tournaments.

Indiana legislative leaders are scrambling to contain the potential damage, announcing they will pass language to clarify that the law, which goes into effect in July, does not discriminate against gays and lesbians, despite the fear that it does. Here is a guide to understanding the issue that is a political window into the changing nature of gay rights.

Q: What happened in Indiana?

A: Gov. Mike Pence, a conservative Republican, last week signed the Religious Freedom Restoration Act, designed to “help protect churches, Christian businesses, and individuals from those who want to punish them because of their biblical beliefs,” he said. Twenty states have similar laws, though the exact language differs. Sixteen more states are considering passage of some form of the law.

Q: Isn’t there a federal version of the law? How does it differ from the state laws?

A: Yes. The federal version of the law was signed in 1993 by President Bill Clinton and was considered a liberal response to a conservative Supreme Court ruling in 1990. The court ruled against Native Americans who argued that their use of peyote was a religious requirement. In effect, the court decided that states could ban the sacramental use of peyote. That changed the legal standard for what states could and could not do in the area of religious practices.

Liberals quickly moved to protect the tribes by passing a measure to protect religious practices from government interference. Two decades later, it is conservatives who are seeking the new laws.

There are differences between the federal and state laws, according to a statement from the office of Sen. Charles E. Schumer, D-N.Y., who was a sponsor of the federal legislation as a House member. The federal law could be used only if someone was suing the government for violating his or her right to the free exercise of religion. The state laws are broader, applying to lawsuits involving individuals, and could be used by businesses that want to prevent a service because it violates their religious principles.

Q: What do backers of the law say?

A: Pence has defended his signing of the law, arguing it is not designed to discriminate against anyone. Indiana House Speaker Brian Bosma and state Senate President Pro Tem David Long echoed those complaints at a news conference Monday, saying that other states have not gone through the same backlash as Indiana has.

“What we had hoped for with the bill was a message of inclusion, inclusion of all religious beliefs,” Bosma said. “What instead has come out as a message of exclusion, and that was not the intent.”

Both said they hoped to propose new language to amend the law to meet the criticism that it is discriminatory.

Q: What is the problem with these types of laws?

A: Gay rights advocates see the whole category of such religious legislation as part of a conservative campaign designed to allow people and companies to opt out of providing services to gays. The frequently cited example is that the law could be interpreted to allow bakers or photographers to refuse to do business with same-sex couples who are legally getting married.

Q: How would this law work?

A: Religious freedom laws are used in civil lawsuits. In one typical example, a Christian baker, whose faith opposes same-sex marriage, decides not to sell a wedding cake to a same-sex couple. The couple sue the baker, claiming they were discriminated against because of their sexual orientation.

The Indiana law asserts that the government can’t “substantially burden a person’s exercise of religion” and that individuals who believe their religious beliefs have been or could be “substantially burdened” are protected from lawsuits. The concept of substantial burden is not defined in the law. It would be up to state courts to decide the issue.

Recently in Oregon, a Christian baker refused to sell a wedding cake to a lesbian couple. That state has rules against discrimination based on sexual orientation, so a state agency eventually ruled that the baker had acted improperly.

That couldn’t happen in Indiana because the state does not include sexual orientation as a protected class. Indiana law protects against discrimination based on race, religion, and gender. Twenty-one states do protect against discrimination based on sexual orientation.

Q: Why has there been such a backlash?

A: Using social media, various groups launched a drive to #BoycottIndiana, a campaign that quickly drew influential supporters, including a Star Trek hero, actor George Takei, and other celebrities with huge Twitter followings. Apple Chief Executive Tim Cook and Yelp Chief Executive Jeremy Stoppelman also criticized Indiana’s law.

“These laws set a terrible precedent that will likely harm the broader economic health of the states where they have been adopted, the businesses currently operating in those states and, most importantly, the consumers who could be victimized under these laws,” Stoppelman wrote in an open letter.

Marc Benioff, head of tech company Salesforce, went further. “We are canceling all programs that require our customers/employees to travel to Indiana to face discrimination,” Benioff said in a tweet last week.

The business leaders were joined by another powerful lobby — especially in Indiana — basketball. The NCAA raised questions about the law and its future effect on college basketball playoffs. The current tournament, which annually traumatizes the nation in a rite of spring dubbed March Madness, ends this weekend with the Final Four playing in Indianapolis.

Q: If these laws have been around for a while, what’s changed?

A: The biggest change in gay rights has been the steady march of legalization of same-sex marriage, now lawful in 36 states and the District of Columbia. The issue will be argued this term before the U.S. Supreme Court.

“If Gov. Pence had signed this law even five years ago, it would have been a different story,” said Adam Talbot, a spokesman for the Human Rights Campaign, an influential organization that has been involved in fights over gay, lesbian, bisexual and transgender rights. The group was involved in the successful effort to stop a similar law in Arizona last year.

The Indiana law “shines a light on how LGBT issues have changed and how the mainstream of American society doesn’t want to see this type of discrimination enshrined,” Talbot said.

Indiana is also the first state this year to act on a religious freedom law. Arkansas is expected to act this week on its version of a religious freedom measure.

Q: What do polls say?

A: A Pew Research Center survey last year showed the American public is divided over the issue of providing services in same-sex marriages. About 49 percent said businesses should be required to serve same-sex weddings, and 47 percent said businesses should be permitted to refuse service because of religious objections. Most Americans 65 and older (60 percent) said wedding-related businesses should be able to decline to provide services for same-sex weddings, but most adults younger than 30 (62 percent) take the opposite view.

(c)2015 Los Angeles Times, Distributed by Tribune Content Agency, LLC

Image: Screenshot of Mike Pence being interviewed by George Stephanopoulos, via ABC

Apple Chief Tim Cook Puts Focus On Gay Rights

Apple Chief Tim Cook Puts Focus On Gay Rights

Washington (AFP) – Apple’s Tim Cook on Thursday became the most prominent chief executive to acknowledge his homosexuality, putting fresh focus on gay representation in the boardroom.

Cook’s announcement, in an essay written for Bloomberg Businessweek, is a watershed since he is the first CEO of a major U.S. corporation to make such a declaration.

“I think the result is that it will make gay culture more mainstream,” said Roger Kay of Endpoint Technologies Associates, a consultant and analyst who follows the tech sector.

“It does encourage other people in important positions to let go and come out.”

According to researchers at the University of Pennsylvania’s Wharton School of Business, there were no openly gay CEOs of Fortune 500 companies as of July 2014.

British-based BP’s top executive John Browne acknowledged he was gay after he was forced to leave office in 2007 following reports that he paid a male escort.

American gay men and women have won acceptance in increasingly prominent roles in entertainment, sports and politics, but very few openly acknowledge their orientation in the corporate world.

Chad Griffin, president of Human Rights Campaign, which lobbies on behalf of the LGBT — lesbian, gay, bisexual and transgender — community, said Cook’s news marks a major step forward.

“Tim Cook’s announcement today will save countless lives,” Griffin said in a statement.

“He has always been a role model, but today millions across the globe will draw inspiration from a different aspect of his life. Tim Cook is proof that LGBT young people can dream as big as their minds will allow them to, whether they want to be doctors, a U.S. senator, or even CEO of the world’s biggest brand.”

A December 2013 report by Deloitte on corporate inclusion found 83 percent of gay employees kept their sexual orientation private because of fear of discrimination.

Cook wrote that his sexuality has never been a secret at his company, but acknowledging his homosexuality as a public statement about equality was “more important” than his privacy.

“Let me be clear: I’m proud to be gay, and I consider being gay among the greatest gifts God has given me,” Cook said.

“I’ve had the good fortune to work at a company that loves creativity and innovation and knows it can only flourish when you embrace people’s differences. Not everyone is so lucky,”

The Apple CEO said coming out was part of his personal fight to stand up for minorities, a value he said his company also embraces.

“Being gay has given me a deeper understanding of what it means to be in the minority and provided a window into the challenges that people in other minority groups deal with every day,” he said.

“We’ll continue to fight for our values, and I believe that any CEO of this incredible company, regardless of race, gender, or sexual orientation, would do the same.

“And I will personally continue to advocate for equality for all people until my toes point up.”

Kay said Cook’s sexual orientation has been known in Silicon Valley for some time, and has never been an issue in that community.

But he said the latest announcement may end the taboo over gays in the corporate world.

“If you’re not ashamed of your sexuality, then no one can use it against you,” Kay said.”

Cook took over as the head of Apple in 2011 after the death of former CEO Steve Jobs.

Cook said that being gay was only part of his identity, and described himself as a “an engineer, an uncle, a nature lover, a fitness nut, a son of the South, a sports fanatic, and many other things.”

He said he is inspired by civil rights champions Martin Luther King and Robert Kennedy, whose portraits hang in his office.

AFP Photo/Justin Sullivan

U.S. Stocks Rise Despite Weak Jobs Report

U.S. Stocks Rise Despite Weak Jobs Report

New York (AFP) – U.S. stocks Friday moved higher in early trade despite a U.S. employment report that showed surprisingly weak jobs growth in January.

About 35 minutes into trade, the Dow Jones Industrial Average advanced 65.56 points (0.42 percent) to 15,694.09.

The broad-based S&P 500 rose 11.09 (0.63 percent) to 1,784.52, while the tech-rich Nasdaq Composite Index jumped 31.08 (0.77 percent) to 4,088.20.

The gains followed a U.S. Labor Department report that said the U.S. economy added just 113,000 jobs in January, far fewer than the analyst consensus forecast of 175,000.

That marked the second disappointing jobs report in a row after jobs growth in December came in at a paltry 75,000, far below the 194,000 monthly average for 2013.

Apple rose 1.4 percent after chief executive Tim Cook said in an interview that the company bought back $14 billion in stock in the wake of a disappointing earnings report released in late January that hit Apple’s valuation.

Internet professional networking company LinkedIn tumbled 8.6 percent on a disappointing sales outlook for 2014. The company projects revenues of $2.02-$2.05 billion, well below the $2.16 billion expected by analysts.

Internet travel company Expedia got a big lift from fourth-quarter earnings of 92 cents per share, handily beating estimates of 86 cents. Shares jumped 13.7 percent.

Expedia’s results also boosted other online travel companies, including TripAdvisor (+7.0 percent) and Priceline (+2.2 percent).

Gap Inc. jumped 6.1 percent on data that showed it bucked the trend of weak retail sales during the year-end holiday shopping season. Fourth-quarter comparable sales rose one percent.

The retailer forecast earnings of 65-66 cents per share for the fourth quarter, more than the 61 cents projected by analysts.

Bond prices were mixed. The yield on the 10-year U.S. Treasury slipped to 2.69 percent from 2.70 percent, while the 30-year rose to 3.67 percent from 3.65 percent. Bond prices and yields move inversely.\

AFP Photo/John Moore