Soon cops will search your phone just like your car

Imagine a routine traffic stop during which the officer has the legal right to search not just your car, but your phone too.

That’s where we’re likely headed: A Florida court recently denied Fifth Amendment protections for iPhone passcodes, saying suspects must now reveal them to police. The decision came after a previous court had ruled that a suspect couldn’t be compelled to give up the key to unlock his phone based on laws against self-incrimination.

A trial judge had denied the state’s motion to compel the suspect to give up his passcode, finding that it would be tantamount to forcing him to testify against himself, in violation of the Fifth Amendment.

But the Florida Court of Appeal’s Second District just reversed that decision. Judge Anthony Black said, “Unquestionably, the State established, with reasonable particularity, its knowledge of the existence of the passcode, Stahl’s control or possession of the passcode, and the self-authenticating nature of the passcode. This is a case of surrender and not testimony.

“More importantly,” he added, indicating future cases about passcodes and Fifth Amendment protections, “we question the continuing viability of any distinction as technology advances.”

The case tipping the scales in favor of the police comes by way of a total creep getting caught shoving his phone under a woman’s skirt and taking photos. It’s pretty hard to feel bad for the guy. Many people know that “upskirts” are illegal, and most know it’s also a really shitty thing to do to someone. But Aaron Stahl didn’t care. He followed a woman around a store, and when he thought she wasn’t looking, he crouched down, shoved his phone under her skirt to take photos and got caught doing it.

When she asked him what the hell he was doing, he claimed he’d dropped his phone. She yelled for help and tried to stop him from leaving. He ran. But the store had him doing everything on surveillance cameras and got a clear shot of his car’s license plates. When police caught up to Stahl and arrested him for third-degree voyeurism, he’d conveniently left his phone at home.

In a police interview, Stahl consented to a search of his phone, an Apple iPhone 5. But when police actually went to his house with a warrant and got the phone, he withdrew his consent before giving them his passcode. Basically, Stahl attempted to show he’s innocent by not being accountable for his phone.

And as we all know, without the passcode even Apple can’t pop open someone’s iPhone and hand the contents over to police.

That’s meant authorities have had to get a little creative about looking through people’s phones.

After much wrangling and embarrassment earlier this year, the FBI forked over $ 1.3 million to have the San Bernardino shooter’s iPhone hacked into. Just a few weeks ago, Scotland Yard actually “mugged” a suspect. In that instance, British cops waited until their target was on a call before physically snatching the phone and continually swiping it to keep the screen unlocked while they apprehended their guy.

The Florida case shows a flip in the opposite direction from 2015’s ruling by a Pennsylvania federal court, which decided the authorities can’t force someone to surrender his or her phone’s passcode. Just as he opposed the Pennsylvania court decision, I’m sure law professor and SCOTUS blogger Orin Kerr would agree with Florida’s judges that a code isn’t in itself incriminating.

“For example, imagine the government orders you to turn over any and all crystal meth in your possession,” Kerr opined about Pennsylvania’s passcode ruling. “In response to the order, you hand over a plastic bag filled with some substance. Your response effectively testified that you think the item in the bag is crystal meth and that it is in your possession. That’s admitting to a crime — possession of crystal meth — so you have a Fifth Amendment right not to have to produce the item in response to the order.”

Here, the judge hasn’t asked Florida’s creeper of the year, Aaron Stahl, to turn over any and all upskirt photos. Just the passcode.

The decision will likely lead to further challenges, but different courts around the United States are tackling the iPhone-evidence conundrum. Judge Black’s opinion will no doubt influence how others rule.

“Providing the passcode does not ‘betray any knowledge [Stahl] may have about the circumstances of the offenses’ for which he is charged,” Black said, writing for the Florida court’s three-judge panel. “Thus,” he said, “compelling a suspect to make a nonfactual statement that facilitates the production of evidence for which the state has otherwise obtained a warrant … does not offend the privilege.”

This is a compelling argument for handing over Stahl’s passcode. But then again, it’s also compelling because he’s such a blatant scumbag about all of this. Maybe it’s a false equivalency, though I’m inclined to believe it’s the rest of us who’ll pay for this guy’s troll-like behavior. He brazenly violated a woman’s privacy and expects his privacy protections to be upheld so he can get away with it. He’s not all that different from the guy on Twitter claiming death and rape threats are protected free speech.

This ruling is supposed to be about the greater good, but there’s nothing that feels great or good about it.

We’ll probably wade through a hodge-podge of law-enforcement rules across the nation until this gets ironed out, while precedents are set that aren’t thought through. In the meantime, we can be sure bad cops will collect passcodes and see what else they can get into with them. Because, thanks to security fatigue, people reuse the same passwords and PINs wherever possible.

It doesn’t take the mind of a hacker to figure that someone’s four-digit cellphone PIN is probably the same as her ATM and voicemail PIN codes.

So look: It’s not that cops and border guards and probably stormtroopers can’t demand access to people’s phones and computers nearly everywhere else in the world, because they can. It’s just that here, we’ve been living in an arrogant fantasy that we were somehow immune to that type of control. Rest assured that countries on every other continent circling our shaky blue orb don’t live in this fantasy.

We might be inclined to think that the world has gotten more fascist. No. It’s just that we’re losing our virginity, and effectual consent is bad for authoritarianism. Welcome to the rest of the world. It’s time to quit whining about Android vs. Apple security, or how broken the password model is, and realize your cutesy privacy island never existed in the first place.

Laws like these might be what we deserve, after years of remaining relatively ignorant to the realities of how tech tools like cellphones and Facebook are used by authoritarian leaders and surveillance-happy police. We’re about to enter a future where our president embraces letting government off the leash when it comes to surveilling citizens.

I remember when Google’s Eric Schmidt said, “If you have something you don’t want anyone to know, then maybe you shouldn’t be doing it in the first place.” And when Facebook’s Mark Zuckerberg said that if you’re not doing anything “wrong” then you don’t have anything to worry about when it comes to losing your privacy. It’s starting to look like these weren’t just harmless words from eccentric tech billionaires.

All I’m saying is that this is all connected, and the road that led to cops being able to search your entire life during a traffic stop is one paved with greed, perverse ideals and nightmarish lapses of empathy. Of course, some of us tried to raise the alarm back then, but we were written off as bad people with something to hide because we wanted boundaries.

But this story, the one about the Fifth Amendment and passcodes, is supposed to be about fairness and justice. Except with bad guys like Aaron Stahl, it’s a fairness that feels so cynical we barely understand how we got here.

Images: Getty Images/iStockphoto

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‘Super Mario Run’ is just as much fun as we’d hoped

It’s no stretch to say that Super Mario Run (launching December 15th for iOS; an Android version will arrive next year) is one of the most notable mobile games in years. It’s Nintendo’s first real smartphone game and one of the only instances in which the company has developed a Mario game for non-Nintendo hardware. It’s the first of several mobile titles planned and could mark the start of a major business shift for Nintendo. But let’s put aside all these heady concerns about what Super Mario Run means for the company and answer the most important question: Is the game fun?

Based on the all-too-brief demo I had earlier this week, the answer is a resounding yes. With Super Mario Run, Nintendo has successfully built a Mario title that makes perfect sense for a mobile phone while still featuring surprisingly deep gameplay and a level of polish seen in a small percentage of games, regardless of platform.

The gameplay appears to be identical to what Nintendo first showed off onstage at Apple’s event this past September. Mario runs automatically from left to right, and the player can tap the screen to make him jump. The goal is to get to the end of a course, which seems to take a minute or two, while avoiding death and collecting as many coins as you can.

Naturally, there are a lot of variations on what you can make Mario do here beyond that: Holding longer when you tap makes him jump higher; you can tap again to get a brief momentary hover; you can wall-jump; landing on enemies gives you a chance to string together multiple jumps; and so on. There are a handful of environmental items that change things up as well — jumping off of certain bricks will send Mario soaring to the left instead of to the right, and standing on some bricks will stop Mario so you can assess the coming challenges and plan your route.

In the few levels I tried, getting to the end wasn’t a big challenge. But the replayability should be excellent here because I didn’t come close to grabbing all of the coins in the course — those among us with OCD tendencies are going to be playing these levels multiple times to perfect our route and jump timing. Furthermore, each course has five pink special coins to grab. Getting those unlocks five more purple coins in harder-to-reach locations. Getting those unlocks five black coins, again in even tougher places in the level. It’ll take at least three playthroughs to grab everything in a given level, and to get all the standard coins will be another challenge.

That’s one example of the game’s depth. The next comes when you factor in competition. The main game’s standard 24 levels are only one part of Super Mario Run. There’s also the “Toad Rally,” in which you compete against friends or people all over the world. Entering a Toad Rally competition costs tickets, which you gain in other parts of the game.

Once you’ve entered the rally, you start a timed course that doesn’t have an end and shoot to get as many coins as you can before time runs out. But you also need to impress the Toad judges by doing combo jumps and other more complicated tricks as you make your way through the level. The more you impress the judges, the more they cheer, and the more points you get.

In both the standard “World Tour” and Toad Rally, the gameplay is excellent. There’s enough of a learning curve that I didn’t feel like I could immediately master each level, but it certainly wasn’t hard to just pick up and start playing. Perhaps the trickiest thing for those of us who’ve played a lot of Mario will be remembering you don’t have to jump on Koopas and Goombas — by default, Mario will automatically vault over them. Jumping gives you more points and the opportunity for more combos, but you don’t have to do it.

The Toad Rally has another twist: You put a few members of your personal Toad posse on the line when you play, and if you lose, those Toads defect to the victor’s team. The number of Toads on your team serves as a good representation of how successful you’ve been in the rally — so you can use them to see how good a potential opponent is before challenging them to a match. Toads also serve as some in-game currency for buying little houses and other objects you can use to customize your very own Mario overworld map. There’s no actual game to be played here, but plenty of fans will likely enjoy tweaking the Mario home screen that they see every time the game starts.

Regardless of what part of the game you’re playing, the graphics look wonderful. I played the game on the iPhone 7 Plus and I’ve never seen Mario look quite so sharp and vivid (the last Mario games I played for more than a few minutes were on the original, standard-definition Wii). And there’s no hint of slowdown or performance hiccups here either. I would have liked to see how it performs on less powerful hardware, but we’ll have to wait until the game launches to see what devices you’ll need to have a good experience with Super Mario Run.

Nintendo decided to price Super Mario Run at $ 9.99 — more than most iOS games, but less than most games for the company’s own consoles. I think that’s a fair price, given the number of levels included and the replayability factor here. But if you’re wary, the free version of the game lets you play the first three levels and try your hand at a few Toad Rallies so you can see what it’s all about. Nintendo of America president Reggie Fils-Aime said it didn’t feel right to make people pay to keep unlocking levels when there’s so much momentum in the game to keep running through levels, so the company decided to skip all in-app transactions and go with the single one-time purchase.

Ultimately, the entry fee may seem a little high, but I suspect it’ll be one well worth paying — and I think lots of players will agree with me. Having a native Mario experience built from the ground up with the iPhone in mind is a huge win, and the game appears to be equally well suited to quick play on the subway and longer, in-depth sessions when you’re on the plane. I haven’t bought a new Mario game in years, but I’m ready to pull the trigger on Super Mario Run.

Update: If you want to try Super Mario Run out for yourself, Reggie announced on The Tonight Show that starting Thursday, a demo will be available at Apple Stores worldwide.

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T-Mobile tells iPhone owners not to install iOS 10 just yet (Updated)

T-Mobile issued a stern warning to its customers against downloading and installing the new iOS 10 update to their existing 6, 6 Plus and SE iPhone models. According to the T-Mobile website, doing so will, cause the handset to “lose connectivity [to the T-Mobile network] in certain circumstances.” Once that happens, the user can only re-establish their network connection by fully powering down the phone and restarting it. That said, the company does expect Apple to push a corrective patch live within the next 48 hours. Update: On Thursday night, T-Mobile announced that Apple had released its patch for the connectivity issue. If you had already downloaded iOS 10 (and were therefore at risk for this issue), go to Settings > General > About, to install the fix. If you hadn’t yet installed the new OS, feel free to do so without fear of having your cell service randomly drop.

Via: Verge

Source: T-Mobile

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New in our buyer’s guide: All the phones (just the good ones)

It took us a while, but now that we’ve reviewed the Moto Z, we think we’re done testing flagship phones until the iPhone 7 or next Galaxy Note come out (whichever arrives first). With that in mind, we can now confidently say that the following phones belong in our buyer’s guide: the Samsung Galaxy S7, the HTC 10 and the iPhone SE. (Sorry, LG, maybe next year.) While we were at it, we also inducted the Oculus Rift and HTC Vive VR headsets, since we likely them more or less equally. And, in the less-expensive realm, we added the Roku Streaming Stick in the A/V category. Head over to our buyer’s guide hub for all the details on these and many more. That’s it for now, but stay tuned — who knows what we’ll add after the next gadget-reviewing frenzy.

Source: Engadget Buyer’s Guide

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