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While the government must seek a warrant to hack, it is not required to seek any form of judicial approval to compel assistance from technology companies.
"The Department is concerned about the ties between certain Kaspersky officials and Russian intelligence and other government agencies, and requirements under Russian law that allow Russian intelligence agencies to request or compel assistance from Kaspersky and to intercept communications transiting Russian networks," DHS asserted in the directive at the time.
"The Department is concerned about the ties between certain Kaspersky officials and Russian intelligence and other government agencies, and requirements under Russian law that allow Russian intelligence agencies to request or compel assistance from Kaspersky and to intercept communications transiting Russian networks," DHS said in its directive.
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All of the companies denied their willing involvement, and began a collective effort to lobby the government to reform its surveillance operations — many of which rely on compelled assistance from tech companies and telcos.
Presumably that would require compelled assistance from the tech companies that built the encrypted messaging apps in the first place, like Apple, Facebook's WhatsApp, Signal, Wire and Wickr.
It wouldn't be the first time the government's pushed for compelled assistance.
Federal law also compels the United States to oppose loans and technical assistance from the World Bank and other financial institutions, which supply billions of dollars in credits vital to India's solvency.
"The government has now successfully accessed the data stored on Farook's iPhone and therefore no longer requires the assistance from Apple Inc. mandated by Court's Order Compelling Apple Inc. to Assist Agents in Search dated February 16, 2016," U.S. attorney Eileen M. Decker and assistant U.S. attorney Tracy L. Wilkison wrote.
AppleInsider and O'Grady's PowerPage fought back - with legal assistance from the Electronic Frontier Foundation (EFF) - arguing that the first amendment to the US Constitution protected them from being compelled to disclose their sources, a provision originally designed to protect journalists.
--With assistance from David Tweed.
--With assistancErik Wasson and Jack Fitzpatrickpatrick.
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