PBS高端访谈:美国法院要求苹果公司协助解锁手机

 　　GWEN IFILL: The battle over privacy vs. security is back front and center, as Apple digs in against the FBI and the courts over the issue of access to data on its phones.

　　December 2, 2015, that's the day Syed Farook and his wife, Tashfeen Malik, went on a murderous rampage in San Bernardino, California, killing¹ 14 people. Hours later, they were, in turn, killed by police. Ever since, the FBI has been trying to read the contents of a cell phone Farook used.

　　JAMES COMEY, FBI Director: We still have one of those killers²' phones that we have not been able to open. And it's been over two months now. We're still working on it.

　　GWEN IFILL: Last week, FBI Director James Comey told a Senate hearing that the Apple iPhone's encryption has made it impossible for the agency to access its content.

　　Now a federal judge in California has ordered the company to create software that will do just that. But Apple CEO Tim Cook forcefully rejected that order early yesterday, writing in a letter addressed to Apple customers: "In the wrong hands, this software, which doesn't exist today, would have the potential to unlock any iPhone in someone's physical possession."

　　White House Press Secretary Josh Earnest disputed that, saying the government wants access only to the single device associated with Farook.

　　美国法院要求苹果公司协助解锁手机

　　JOSH EARNEST, White House Press Secretary: We're not asking Apple to redesign its products or to create a new back door to its products. This is a much more specific request that the Department of Justice has put forward.

　　GWEN IFILL: Apple stepped up its protections after NSA leaker Edward Snowden exposed government surveillance of phone traffic in 2013.

　　One feature can even erase³ the iPhone's contents after 10 failed attempts to unlock it. Prosecutors⁴ say they are worried that this feature could be on the phone Farook used. And unless Apple devises a way to unlock it, they could lose all its data. The company now has five days to make its formal response in court.

　　Now for a look at the wider stakes surrounding this case, we turn to Nate Cardozo, a staff attorney who focuses on digital civil liberties for the Electronic Frontier Foundation. He joins us from San Francisco. And Stewart Baker⁵, former assistant secretary of homeland security under George W. Bush administration and former general counsel at the National Security Agency. He's now in private practice at Steptoe & Johnson.

　　Stewart Baker, Tim Cook says that building this access, this back door access to the iPhone, as he describes it, would permanently⁶ weaken privacy. Is he right?

　　STEWART BAKER, Former Assistant Secretary, Dept. of Homeland Security: No, I don't think he is.

　　The order says you must defeat this one security feature, which is the automatic erasing⁷ of all the information on the phone. And that's not building a permanent back door into anything. That's one phone, one order, one security feature.

　　GWEN IFILL: So, Nate Cardozo, if it's just one phone, one order, one security feature, what is the huzzah all about?

　　NATE CARDOZO, Electronic Frontier Foundation: Well, it's not about one phone and it's not about one security feature.

　　The FBI chose this case to get the precedent⁸, right? We know who the shooters were. We know who they were talking to. The FBI already has the metadata. They chose this case because they want precedent that they can order a company to design a particular feature at their whim⁹.

　　So, when you hear Stewart or the White House press secretary say it's only this one phone, that is simply disingenuous¹⁰.

　　GWEN IFILL: Well, are we talking about precedent here, Stewart Baker?

　　STEWART BAKER: Well, there is longstanding precedent, 200 years old, that says that if someone has an obligation to help law enforcement to take action, then the government can order other people to help that person carry out his obligation.

　　If somebody jumps into a cab and says there is a bank robber up ahead, follow that car, the phone — the cab company has an obligation to follow that cab.

　　GWEN IFILL: What is the government standing¹¹ to make such a request like this?

　　STEWART BAKER: So, there is an All Writs¹² Act that has been around for almost 200 years that says that essentially¹³ the government can ask someone who is in a uniquely — unique position to help to assist in carrying out an obligation that law enforcement has.

　　GWEN IFILL: Nate Cardozo, what slippery slope do you envision here?

　　NATE CARDOZO: Well, it is more than a slippery slope.

　　Stewart, as you well know, no court in the United States has ever approved an order of this breadth under the All Writs Act. No court has ever ordered an American company to compromise the security of all of their customers. No court has ever ordered a safe maker¹⁴ to make a master key.

　　And the courts that have addressed it, the Inray (ph), the company, case that, I'm sure, Stewart, you are aware of, the court found that OnStar could not be ordered to subvert¹⁵ its emergency phone system and turn it into a wiretap act.

　　NATE CARDOZO: This isn't just — this isn't just a slippery slope. If the FBI is permitted to get the order in this case, that is it. They will be permitted to get a back door order in every case going forward.

　　And more than that, Apple will be unable to resist identical demands from China, from India, from Russia. And that is the end of secure devices.

　　STEWART BAKER: I have to say that the concern here that Apple has is, they have said this phone cannot be cracked. And now it turns out that may not be true. And they would like to suppress that possibility, because they're afraid China or Russia might order them to use that capability¹⁶.

　　China and Russia are perfectly¹⁷ capable of ordering Apple to do that tomorrow, whether they have help from a court in this case or not.

　　GWEN IFILL: You talk about China and Russia. And I want to ask you both this. How — since you brought it up — which is, how do international actors see this kind of discussion that we're having here? Does it make us look weak?

　　NATE CARDOZO: I think authoritarian¹⁸ regimes around the world are salivating at the prospect¹⁹ of the FBI winning this order.

　　If Apple creates the master key that the FBI has demanded that they create, governments around the world are going to be demanding exactly the same access.

　　STEWART BAKER: Whether or not they do that in response to this order, if it's possible to build that capability, then the Russians and the Chinese are going to order Apple to do it sooner or later, and probably sooner, whether or not the United States tells Apple to do this.

　　GWEN IFILL: Can I ask you both to be — to make one thing clear? Do you both agree that Apple is capable of doing what they are being asked to do and they're just resisting it on principle, Nate Cardozo?

　　NATE CARDOZO: We think that Apple is capable of doing it for this generation of phone. The phone at issue is an iPhone 5c, which I guess is two generations back at this point. The iPhone 6 and the iPhone 6s, it is our belief that Apple is probably not capable, at least not capable of using this exact technique to unlock.

　　But we think they are capable of unlocking the 5c.

　　GWEN IFILL: And you think that is true, Stewart Baker?

　　STEWART BAKER: That is what it appears from what Apple has said, that they think they can do it. They choose not to do it, notwithstanding the stakes for terrorism in San Bernardino.

　　GWEN IFILL: So, if you are the owner of one of these phones which could be unlocked if Apple decided²⁰ to go along with this, how much do — how worried should you be, Nate Cardozo, that your privacy is about to be compromised?

　　NATE CARDOZO: Well, you know, every individual should create, should do their own threat assessment²¹.

　　If you have particularly sensitive data, if you are a human rights worker in Syria, if you are an LGBT activist²² in any country around the world where you may be persecuted²³ for your orientation²⁴ or beliefs, make sure to tune²⁵ up your security in response to this. Use a pass code longer than four digits²⁶.

　　GWEN IFILL: Well, I hope that everyone is doing that anyway. Stewart Baker?

　　STEWART BAKER: Yes, I — certainly there are times when everyone wants to worry about security. But the idea that the desire for security could trump²⁷ a lawfully²⁸ obtained search warrant to find out whether we're at risk of other people who conspired²⁹ with the San Bernardino shooters right now strikes me as odd.

　　And for Apple to say well, it interferes³⁰ with our business model and our consumer trust to help the U.S. government find out about this possible additional attacker doesn't make any sense.

　　GWEN IFILL: This security vs. privacy argument, it sounds to me like it is just going to continue, Nate Cardozo

　　NATE CARDOZO: You know, it's not security vs. privacy. This is security vs. surveillance. This is security vs. security.

　　Before Apple instituted this level of encryption on devices, when devices were stolen, they were susceptible³¹ to any run-of-the-mill hacker³² opening it up. And that is what the FBI wants Apple to return to? That's crazy.

　　GWEN IFILL: OK. Well, we're going to have to leave it there for now.

　　Nate Cardozo of the Electronic Frontier Foundation, and Stewart Baker, former deputy assistant secretary at Department of Homeland Security, thank you both.

　　STEWART BAKER: Thanks.

　　NATE CARDOZO: Thank you.

1 killing   

n.巨额利润；突然赚大钱，发大财

参考例句：

• Investors are set to make a killing from the sell-off.投资者准备清仓以便大赚一笔。
• Last week my brother made a killing on Wall Street.上个周我兄弟在华尔街赚了一大笔。

2 killers   

凶手( killer的名词复数 )； 消灭…者； 致命物； 极难的事

参考例句：

• He remained steadfast in his determination to bring the killers to justice. 他要将杀人凶手绳之以法的决心一直没有动摇。
• They were professional killers who did in John. 杀死约翰的这些人是职业杀手。

3 erase   

v.擦掉；消除某事物的痕迹

参考例句：

• He tried to erase the idea from his mind.他试图从头脑中抹掉这个想法。
• Please erase my name from the list.请把我的名字从名单上擦去。

4 prosecutors   

检举人( prosecutor的名词复数 )； 告发人； 起诉人； 公诉人

参考例句：

• In some places,public prosecutors are elected rather than appointed. 在有些地方，检察官是经选举而非任命产生的。 来自口语例句
• You've been summoned to the Prosecutors' Office, 2 days later. 你在两天以后被宣到了检察官的办公室。

5 baker   

n.面包师

参考例句：

• The baker bakes his bread in the bakery.面包师在面包房内烤面包。
• The baker frosted the cake with a mixture of sugar and whites of eggs.面包师在蛋糕上撒了一层白糖和蛋清的混合料。

6 permanently   

adv.永恒地，永久地，固定不变地

参考例句：

• The accident left him permanently scarred.那次事故给他留下了永久的伤疤。
• The ship is now permanently moored on the Thames in London.该船现在永久地停泊在伦敦泰晤士河边。

7 erasing   

v.擦掉( erase的现在分词 )；抹去；清除

参考例句：

• He was like a sponge, erasing the past, soaking up the future. 他象一块海绵，挤出过去，吸进未来。 来自辞典例句
• Suddenly, fear overtook longing, erasing memories. 突然，恐惧淹没了渴望，泯灭了回忆。 来自辞典例句

8 precedent   

n.先例，前例；惯例；adj.在前的，在先的

参考例句：

• Is there a precedent for what you want me to do?你要我做的事有前例可援吗？
• This is a wonderful achievement without precedent in Chinese history.这是中国历史上亘古未有的奇绩。

9 whim   

n.一时的兴致，突然的念头；奇想，幻想

参考例句：

• I bought the encyclopedia on a whim.我凭一时的兴致买了这本百科全书。
• He had a sudden whim to go sailing today.今天他突然想要去航海。

10 disingenuous   

adj.不诚恳的，虚伪的

参考例句：

• It is disingenuous of him to flatter me.他对我阿谀奉承，是居心叵测。
• His brother Shura with staring disingenuous eyes was plotting to master the world.他那长着一对狡诈眼睛的哥哥瑞拉，处心积虑图谋征服整个世界。

11 standing   

n.持续，地位；adj.永久的，不动的，直立的，不流动的

参考例句：

• After the earthquake only a few houses were left standing.地震过后只有几幢房屋还立着。
• They're standing out against any change in the law.他们坚决反对对法律做任何修改。

12 writs   

n.书面命令，令状( writ的名词复数 )

参考例句：

• Authority thereof shall issue Writs of Election to fill such Vacancies. 管理局须发出令状的选举，以填补这些空缺。 来自互联网
• Writs of arrest were issued for a thousand students throughout the country. 全国各地有一千名学生被拘捕。 来自互联网

13 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

14 maker   

n.制造者，制造商

参考例句：

• He is a trouble maker，You must be distant with him.他是个捣蛋鬼，你不要跟他在一起。
• A cabinet maker must be a master craftsman.家具木工必须是技艺高超的手艺人。

15 subvert   

v.推翻；暗中破坏；搅乱

参考例句：

• The rebel army is attempting to subvert the government.反叛军队企图颠覆政府统治。
• They tried to subvert our state and our Party. This is the crux of the matter.他们是要颠覆我们的国家，颠覆我们的党，这是问题的实质。

16 capability   

n.能力；才能；(pl)可发展的能力或特性等

参考例句：

• She has the capability to become a very fine actress.她有潜力成为杰出演员。
• Organizing a whole department is beyond his capability.组织整个部门是他能力以外的事。

17 perfectly   

adv.完美地，无可非议地，彻底地

参考例句：

• The witnesses were each perfectly certain of what they said.证人们个个对自己所说的话十分肯定。
• Everything that we're doing is all perfectly above board.我们做的每件事情都是光明正大的。

18 authoritarian   

n./adj.专制(的)，专制主义者，独裁主义者

参考例句：

• Foreign diplomats suspect him of authoritarian tendencies.各国外交官怀疑他有着独裁主义倾向。
• The authoritarian policy wasn't proved to be a success.独裁主义的政策证明并不成功。

19 prospect   

n.前景，前途；景色，视野

参考例句：

• This state of things holds out a cheerful prospect.事态呈现出可喜的前景。
• The prospect became more evident.前景变得更加明朗了。

20 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

21 assessment   

n.评价；评估；对财产的估价，被估定的金额

参考例句：

• This is a very perceptive assessment of the situation.这是一个对该情况的极富洞察力的评价。
• What is your assessment of the situation?你对时局的看法如何？

22 activist   

n.活动分子，积极分子

参考例句：

• He's been a trade union activist for many years.多年来他一直是工会的积极分子。
• He is a social activist in our factory.他是我厂的社会活动积极分子。

23 persecuted   

（尤指宗教或政治信仰的）迫害(~sb. for sth.)( persecute的过去式和过去分词 )； 烦扰，困扰或骚扰某人

参考例句：

• Throughout history, people have been persecuted for their religious beliefs. 人们因宗教信仰而受迫害的情况贯穿了整个历史。
• Members of these sects are ruthlessly persecuted and suppressed. 这些教派的成员遭到了残酷的迫害和镇压。

24 orientation   

n.方向，目标；熟悉，适应，情况介绍

参考例句：

• Children need some orientation when they go to school.小孩子上学时需要适应。
• The traveller found his orientation with the aid of a good map.旅行者借助一幅好地图得知自己的方向。

25 tune   

n.调子；和谐，协调；v.调音，调节，调整

参考例句：

• He'd written a tune,and played it to us on the piano.他写了一段曲子，并在钢琴上弹给我们听。
• The boy beat out a tune on a tin can.那男孩在易拉罐上敲出一首曲子。

26 digits   

n.数字( digit的名词复数 )；手指，足趾

参考例句：

• The number 1000 contains four digits. 1000是四位数。 来自《简明英汉词典》
• The number 410 contains three digits. 数字 410 中包括三个数目字。 来自《现代英汉综合大词典》

27 trump   

n.王牌，法宝；v.打出王牌，吹喇叭

参考例句：

• He was never able to trump up the courage to have a showdown.他始终鼓不起勇气摊牌。
• The coach saved his star player for a trump card.教练保留他的明星选手，作为他的王牌。

28 lawfully   

adv.守法地，合法地；合理地

参考例句：

• Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
• As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫，无论疾病灾难，直到死亡把我们分开。 来自电影对白

29 conspired   

密谋( conspire的过去式和过去分词 )； 搞阴谋； （事件等）巧合； 共同导致

参考例句：

• They conspired to bring about the meeting of the two people. 他们共同促成了两人的会面。
• Bad weather and car trouble conspired to ruin our vacation. 恶劣的气候连同汽车故障断送了我们的假日。

30 interferes   

vi. 妨碍，冲突，干涉

参考例句：

• The noise interferes with my work. 这噪音妨碍我的工作。
• That interferes with my plan. 那干扰了我的计划。

31 susceptible   

adj.过敏的，敏感的；易动感情的，易受感动的

参考例句：

• Children are more susceptible than adults.孩子比成人易受感动。
• We are all susceptible to advertising.我们都易受广告的影响。

32 hacker   

n.能盗用或偷改电脑中信息的人，电脑黑客

参考例句：

• The computer hacker wrote that he was from Russia.这个计算机黑客自称他来自俄罗斯。
• This site was attacked by a hacker last week.上周这个网站被黑客攻击了。