The demise of Adobe Flash broke the 9/11 web. But it’s just the tip of a bigger issue.

This is an important story — not just because some crucial 9/11 coverage has been lost or even because the demise of Adobe Flash means that parts of the internet are now broken. Rather, it illustrates that the internet is, in many ways, an ephemeral medium, meaning that we simply can’t preserve and archive our history the way we could during the print era.

Clare Duffy and Kerry Flynn report for CNN.com that The Washington Post, ABC News and CNN itself are among the news organizations whose interactive presentations in the aftermath of 9/11 no longer work properly.

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As they recount, Flash was a real advance in the early days of the web, as it was an important step forward for video and interactive graphics. But the late Steve Jobs, criticizing Flash’s security flaws, decreed that Apple’s iPhone and iPad would not run Flash. At that point the platform began to crumble, and Adobe pulled support for it at the end of 2020.

Duffy and Flynn write that some efforts are under way to use Flash emulators in order to bring some old content back to life. Adobe, which is worth $314 billion, ought to spend a few nickels to help with that effort.

More broadly, though, the problem with Flash illustrates how the internet decays over time. Link rot is an ongoing frustration — you link to something, go back a year or five later, and find that the content has moved or been taken down. Publications go out of business, taking their websites with them. Or they change content-management systems, resulting in new URLs for everything.

We’re all grateful for the work that the Internet Archive does in preserving as much as it can. Here, for instance, is the home page of The New York Times on the evening of Sept. 11, 2001.

But what’s available online isn’t nearly as complete as what’s in print. For the moment, at least, we can still go to the library and look at microfilm of print editions for publications that pay little attention to preserving their digital past. It won’t be too many years, though, before digital is all we’ve got.

Apple’s attempted crackdown on child sexual abuse leads to a battle over privacy

Apple CEO Tim Cook. Photo (cc) 2017 by Austin Community College.

Previously published at GBH News.

There is no privacy on the internet.

You would think such a commonplace observation hardly needs to be said out loud. In recent years, though, Apple has tried to market itself as the great exception.

“Privacy is built in from the beginning,” reads Apple’s privacy policy. “Our products and features include innovative privacy technologies and techniques designed to minimize how much of your data we — or anyone else — can access. And powerful security features help prevent anyone except you from being able to access your information. We are constantly working on new ways to keep your personal information safe.”

All that has now blown up in Apple’s face. Last Friday, the company backed off from a controversial initiative that would have allowed its iOS devices — that is, iPhones and iPads — to be scanned for the presence of child sexual abuse material, or CSAM. The policy, announced in early August, proved wildly unpopular with privacy advocates, who warned that it could open a backdoor to repressive governments seeking to spy on dissidents. Apple cooperates with China, for instance, arguing that it is bound by the laws of the countries in which it operates.

What made Apple’s efforts especially vulnerable to criticism was that it involved placing spyware directly on users’ devices. Although surveillance wouldn’t actually kick in unless users backed up their devices to Apple’s iCloud service, it raised alarms that the company was planning to engage in phone-level snooping.

“Apple has put in place elaborate measures to stop abuse from happening,” wrote Tatum Hunter and Reed Albergotti in The Washington Post. “But part of the problem is the unknown. iPhone users don’t know exactly where this is all headed, and while they might trust Apple, there is a nagging suspicion among privacy advocates and security researchers that something could go wrong.”

The initiative has proved to be a public-relations disaster for Apple. Albergotti, who apparently had enough of the company’s attempts at spin, wrote a remarkable sentence in his Friday story reporting the abrupt reversal: “Apple spokesman Fred Sainz said he would not provide a statement on Friday’s announcement because The Washington Post would not agree to use it without naming the spokesperson.”

That, in turn, brought an attaboy tweet from Albergotti’s Post colleague Christiano Lima, complete with flames and applauding hands, which promptly went viral.

“We in the press ought to do this far, far more often,” tweeted Troy Wolverton, managing editor of the Silicon Valley Business Journal, in a characteristically supportive response.

Even though the media rely on unnamed sources far too often, my own view is that there would have been nothing wrong with Albergotti’s going along with Sainz’s request. Sainz was essentially offering an on-the-record quote from Apple.

(Still, it’s hard not to experience a zing of delight at Albergotti’s insouciance. Now let’s see the Post do the same with politicians and government officials.)

Apple has gotten a lot of mileage out of its embrace of privacy. Tim Cook, the company’s chief executive, delivered a speech earlier this year in which he attempted to position Apple as the ethical alternative to Google, Facebook and Amazon, whose business models depend on hoovering up vast amounts of data from their customers in order to sell them more stuff.

“If we accept as normal and unavoidable that everything in our lives can be aggregated and sold, we lose so much more than data, we lose the freedom to be human,” Cook said. “And yet, this is a hopeful new season, a time of thoughtfulness and reform.”

The current controversy comes just months after Apple unveiled new features in its iOS operating software that made it more difficult for users to be tracked in a variety of ways, offering greater security for their email and more protection from being tracked by advertisers.

Yet it always seemed that there was something performative about Apple’s embrace of privacy. For instance, although Apple allows users to maintain tight control over their iPhones and iMessages, the company continues to hold the encryption keys to iCloud — which, in turn, makes the company liable to a court order to turn over user data.

“The dirty little secret with nearly all of Apple’s privacy promises is that there’s been a backdoor all along,” wrote privacy advocates Albert Fox Cahn and Evan Selinger in a recent commentary for Wired. “Whether it’s iPhone data from Apple’s latest devices or the iMessage data that the company constantly championed as being ‘end-to-end encrypted,’ all of this data is vulnerable when using iCloud.”

Of course, you might argue that there ought to be reasonable limits to privacy. Just as the First Amendment does not protect obscenity, libel or serious breaches of national security, privacy laws — or, in this case, a powerful company’s policies — shouldn’t protect child pornography or certain other activities such as terrorist threats. Fair enough.

But as the aforementioned Selinger, a professor of philosophy at MIT and an affiliate scholar at Northeastern University, argued over the weekend in a Boston Globe Ideas piece, there are times when slippery-slope arguments, often bogus, are sometimes valid.

“Governments worldwide have a strong incentive to ask, if not demand, that Apple extend its monitoring to search for evidence of interest in politically controversial material and participation in politically contentious activities,” Selinger wrote, adding: “The strong incentives to push for intensified surveillance combined with the low costs for repurposing Apple’s technology make this situation a real slippery slope.”

Five years ago, the FBI sought a court order that would have forced Apple to provide the encryption keys so they could access the data on an iPhone used by one of the shooters in a deadly terrorist attack in San Bernardino, California. Apple refused, which set off a public controversy, including a debate between former CIA director John Deutsch and Harvard Law School professor Jonathan Zittrain that I covered for GBH News.

The controversy proved to be for naught. In the end, the FBI was able to break into the phone without Apple’s help. Which suggests a solution, however imperfect, to the current controversy.

Apple should withdraw its plan to install spyware directly on users’ iPhones and iPads. And it should remind users that anything stored in iCloud might be revealed in response to a legitimate court order. More than anything, Apple needs to stop making unrealistic promises and remind its users:

There is no privacy on the internet.

Why the golden age of podcasts may be coming to an end

You might look at it as the arrival of podcasts as a big business. My fear about what it really means is that the golden age of podcasts is coming to an end.

Anne Steele of The Wall Street Journal (one of our great Northeastern journalism graduates, by the way) reports on the looming podcast war between Apple, Spotify and a few smaller players. It sounds like it’s going to be just like video streaming services — if you subscribe to Spotify, as I do, you won’t be able to listen to podcasts that are exclusively on Apple, and vice-versa.

Steele quotes a business analyst named Daniel Ives as saying this about Apple:

Even though they have the keys to the kingdom in terms of overall customer base and the App Store and broader content, what’s going to differentiate them is not just aggregation, it’s exclusive content.

Just what we need — another walled garden. And look, I’m glad that this will enable podcasters to make some money beyond the ad revenue they get from the likes of MailChimp and Dollar Shave. But it also represents the end of something special — just as the rise of paywalls about a dozen years ago ended the open web.

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It’s no surprise that Google Podcasts include hateful content

I think there’s something of a category error in today’s front-page New York Times story on the hateful and false content you can find on Google Podcasts. Reporter Reggie Ugwu repeats on several occasions that Google Podcasts includes some pretty terrible stuff from neo-Nazis, white supremacists and conspiracy theorists that you won’t find at Google’s competitors. He writes:

Google Podcasts — whose app has been downloaded more than 19 million times, according to Apptopia — stands alone among major platforms in its tolerance of hate speech and other extremist content. A recent nonexhaustive search turned up more than two dozen podcasts from white supremacists and pro-Nazi groups, offering a buffet of slurs and conspiracy theories. None of the podcasts appeared on Apple Podcasts, Spotify or Stitcher.

The problem here is that Apple, Spotify and Stitcher are all trying to offer a curated experience. Google’s DNA is in search. If you Google “InfoWars,” you expect to be taken to Alex Jones’ hallucinatory home of hate and disinformation. And you are. So if you search Google Podcasts, why should that be any different? Indeed, that’s exactly the reasoning Google invoked when Ugwu contacted them for comment:

Told of the white supremacist and pro-Nazi content on its platform and asked about its policy, a Google spokeswoman, Charity Mhende, compared Google Podcasts to Google Search. She said that the company did not want to “limit what people are able to find,” and that it only blocks content “in rare circumstances, largely guided by local law.”

Let me be clear. It doesn’t have to be this way. Google could choose to keep its searches wide open while providing users of Google Podcasts with the same safe experience that its competitors offer. And maybe it should. It’s just that I find it unremarkable that a search company would run its business differently from those whose business model is based on creating a safe, walled-in environment.

I’m hardly a Google fanboy. I’d like to see it broken up so that it can no longer use search to leverage its advertising business to the disadvantage of publishers. But unless you think it ought to stop showing hate-filled websites when you search for them, then I don’t think you should be surprised that it also shows you hate-filled podcasts.

Microsoft’s president says Google and Facebook should pay for news content

Photo via Needpix.com

The Overton Window has opened a bit wider for the idea of requiring Google and Facebook to pay for news content. At Axios, Sara Fischer reports that Microsoft president Brad Smith has endorsed the Australian government’s move to do just that — and thinks such a system ought to be considered in the U.S. as well.

What’s taking place in Australia is complicated, but essentially it requires Google and Facebook to bargain with the news business and come up with a compensation system. Both companies have said they would stop offering some of their services if Australian authorities don’t back off.

In the U.S., the News Media Alliance, a lobbying group for news publishers, has been pushing for several years for an antitrust exemption that would allow them the right to bargain collectively with the tech giants — which is exactly what is going to happen in Australia. With the sheen wearing off Big Tech’s once-sterling image, the likelihood of Congress passing such an exemption has increased. A lawsuit brought by a group of West Virginia newspapers that I wrote about for GBH News last week may serve as a further goad.

In a blog post, Microsoft’s Smith cites a News Media Alliance study showing that Google makes an estimated $4.7 billion a year “from crawling and scraping news publishers’ content.” That study came under fire at the time of its release a couple of years ago. But regardless of the actual figure, Google — and Facebook — are surely making a lot of money from other people’s content without paying for any of it.

Smith makes no bones about his own business imperatives, saying that Microsoft is prepared to play by Australia’s rules through its Bing search engine, writing:

Microsoft’s Bing search service has less than 5% market share in Australia, substantially smaller than the 15-20% market share that we have across PC and mobile searches in the United States and the 10-15% share we have in Canada and the United Kingdom. But, with a realistic prospect of gaining usage share, we are confident we can build the service Australians want and need. And, unlike Google, if we can grow, we are prepared to sign up for the new law’s obligations, including sharing revenue as proposed with news organizations. The key would be to create a more competitive market, something the government can facilitate. But, as we made clear, we are comfortable running a high-quality search service at lower economic margins than Google and with more economic returns for the press.

A final thought. If Congress isn’t prepared to act, might it be possible to require Google and Facebook to compensate news publishers at the state level? Jack Nicas reports in today’s New York Times that a proposal has been made in North Dakota to forbid Apple and Google from collecting app-store fees from North Dakota-based businesses.

The legislation strikes me as more than a little half-baked. Yet the principle — that states can impose their own regulations on Big Tech — is one worth pondering.

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Amazon’s move against Parler is worrisome in a way that Apple’s and Google’s are not

It’s one thing for Apple and Google to throw the right-wing Twitter competitor Parler out if its app stores. It’s another thing altogether for Amazon Web Services to deplatform Parler. Yet that’s what will happen by midnight today, according to BuzzFeed.

Parler deserves no sympathy, obviously. The service proudly takes even less responsibility for the garbage its members post than Twitter and Facebook do, and it was one of the places where planning for the insurrectionist riots took place. But Amazon’s actions raise some important free-speech concerns.

Think of the internet as a pyramid. Twitter and Facebook, as well as Google and Apple’s app stores, are at the top of that pyramid — they are commercial enterprises that may govern themselves as they choose. Donald Trump is far from the first person to be thrown off social networks, and Parler isn’t even remotely the first app to be punished.

But Amazon Web Services, or AWS, exists somewhere below the top of the pyramid. It is foundational; its servers are the floor upon which other things are built. AWS isn’t the bottom layer of the pyramid — it is, in its own way, a commercial enterprise. But it has a responsibility to respecting the free-speech rights of its clients that Twitter and Facebook do not.

Yet AWS has an acceptable-use policy that reads in part:

You may not use, or encourage, promote, facilitate or instruct others to use, the Services or AWS Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive.

For AWS to cut off Parler would be like the phone company blocking all calls from a person or organization it deems dangerous. Yet there’s little doubt that Parler violated AWS’s acceptable-use policy. Look for Parler to re-establish itself on an overseas server. Is that what we want?

Meanwhile, Paul Moriarty, a member of the New Jersey State Assembly, wants Comcast to stop carrying Fox News and Newsmax, according to CNN’s “Reliable Sources” newsletter. And CNN’s Oliver Darcy is cheering him on, writing:

Moriarty has a point. We regularly discuss what the Big Tech companies have done to poison the public conversation by providing large platforms to bad-faith actors who lie, mislead, and promote conspiracy theories. But what about TV companies that provide platforms to networks such as Newsmax, One America News — and, yes, Fox News? [Darcy’s boldface]

Again, Comcast and other cable providers are not obligated to carry any particular service. Just recently we received emails from Verizon warning that it might drop WCVB-TV (Channel 5) over a fee dispute. Several years ago, Al Jazeera America was forced to throw in the towel following its unsuccessful efforts to get widespread distribution on cable.

But the power of giant telecom companies to decide what channels will be carried and what will not is immense, and something we ought to be concerned about.

I have no solutions. But I think it’s worth pointing out that AWS’s action against Parler is considerably more ominous than Google’s and Apple’s, and that for elected officials to call on Comcast to drop certain channels is more ominous still.

We have some thinking to do as a society.

Earlier:

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How Apple News Plus saddles publishers with the worst of Facebook and Spotify

Apple News Plus presents publishers with both a Facebook problem and a Spotify problem.

Like Facebook, news content would be disaggregated and mashed up with whatever Apple decides to put in front of its subscribers. Like Spotify, subscription fees would be split so many ways that no single publisher could make much money, especially compared to what it theoretically might be able to pull in from its own digital subscription efforts.

I expand on both of those thoughts in this interview with News@Northeastern.

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No bang, just fizzle: Why Apple’s iPad flopped as a news platform

Photo (cc) 2011 by Global X.

Previously published at WGBHNews.org.

Of all the good technological innovations that were supposedly going to rescue the news business from the bad technological innovations that had laid it low, perhaps none was more highly touted than Apple’s iPad.

Portable, beautiful, and cheaper than a laptop (though not cheap), the iPad would re-create the closed media environment that had prevailed before the rise of the internet. Instead of the web, you’d have apps. Instead of free access, you’d have subscriptions. Instead of frenetic multitasking, you’ve have the relative calm of one-task-at-a-time concentration. It was Steve Jobs’ final creation — the fulfillment of his dreams, according to Walter Isaacson, his biographer. Among those who let their enthusiasm get the better of them was David Carr, The New York Times’ late media columnist, who wrote several weeks before the device’s 2010 debut: “I haven’t been this excited about buying something since I was 8 years old and sent away for the tiny seahorses I saw advertised in the back of a comic book.”

Unfortunately, the iPad has proved to be a huge disappointment for news publishers. The reason, according to Shira Ovide of Bloomberg Businessweek, is that though people like their iPads, they love their smartphones. Sales of the iPad peaked at 71 million in 2013 and slid to about 44 million last year. Meanwhile, about 1.5 billion smartphones were sold in 2017. Against that backdrop, iPad sales are barely a rounding error.

Ovide attributes the iPad’s disappointing performance to the utter failure of Apple’s iBooks to challenge the Amazon Kindle and its library of electronic books. No doubt there’s something to that. I’m sure that the lack of real technological advancement has held back sales, too. I have a third-generation iPad from 2012. Although I’d like a newer, faster model, the improvement would probably not be worth the cost. New phones, on the other hand, generally offer real advances, and we’ve all gotten into the habit of upgrading every two or three years.

How has this affected the news business? We are, of course, consuming lots of news on our phones. But the iPad and other tablets were supposed to offer something different — a “lean back” experience that would mimic reading a newspaper or a magazine.

As Ovide notes, the early days of the iPad saw ambitious experiments like Rupert Murdoch’s The Daily. Moreover, our two leading national papers, the Times and The Washington Post, went all in. The Times offered an attractive iPad-only edition that was a pleasure to use. The Post several years ago unveiled a “national digital edition,” a low-cost, magazine-like product that was updated just twice a day — at 5 a.m. and 5 p.m. — for people who wanted to sit down and read rather than bouncing around their phone looking for something to occupy themselves for a few minutes.

Unfortunately, the Times’ iPad edition is no more. Last year it released a universal iOS app for both the iPhone and the iPad that looks and works much better on a phone than on a tablet. The Post’s national digital edition still exists. These days, though, there is far more emphasis on mobile than on leaning back.

“In hindsight, it was a waste, and Jobs led them all on a costly detour,” Ovide writes. “The iPad is important, but it never became the ubiquitous, world-changing computer that Jobs pitched in 2010. Instead, the smartphone — including Apple’s own iPhone — changed the world.”

I should point out that there was skepticism at the time regarding the iPad’s world-changing properties. David Carr himself qualified his enthusiasm by appending this to his seahorse analogy: “Come to think of it, the purchase didn’t really meet my expectations, but with the whole new year thing, a boy can dream, right?” I also expressed reservations about the iPad ahead of its release, writing in The Guardian:

The problem is that the iSlate [as many of us thought the device would be called], rather than making our technological lives simpler, instead amounts to one more object — one more thing — that we have to lug around. It won’t replace our smartphone. And the virtual keyboard ensures that it won’t replace our laptop, either. Do we really need a third internet device to carry with us wherever we go?

Even though I later broke down and bought one, I think that assessment has held up rather well. So here’s another prediction: Technology will not save the news business. In fact, no one thing will save it — but many things might. The iPad is a fine platform on which to consume media. But it was always unrealistic to think that it would save us from the long, hard slog of developing new economic underpinnings for the journalism on which democracy depends.

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Why Apple was right to comply with China’s censorship demands

Photo via Wikimedia Commons.

Previously published at WGBHNews.org.

Over the weekend Apple removed software from its Chinese App Store that enabled iPhone users to get around censorship laws in that country. The action was widely portrayed as a blow to those working for freedom and human rights in China. And it seemed especially tawdry following as it did the recent death of Nobel Peace Prize winner Liu Xiaobo while in Chinese custody.

But I would argue that Apple did the right thing. My intention is not to write a love letter to Apple, whose leadership, I’m sure, was motivated more by commerce rather than by conscience. Nevertheless, Apple’s decision was a welcome example of Americans’ dealing with the world as it is rather than as they wish it to be. Our values are not everyone’s values.

Typical of Apple’s critics is New York Times technology columnist Farhad Manjoo, who couldn’t understand why Apple would back down so quickly after successfully fighting the FBI’s demand last year to provide a software key to a terrorist’s iPhone — and, thus, to all other iPhones as well.

“When Apple took a public stand for its users’ liberty and privacy, the American government blinked,” Manjoo wrote. “Yet in China over the weekend, when faced with a broad demand by the Chinese internet authority, it was Apple that blinked.” Yes. But what Manjoo was describing was not situational ethics on Apple’s part. Rather, it was the difference between the United States, a free country ruled by laws, and China, a repressive authoritarian state. In fact, as Manjoo conceded later in his column, Apple would likely have accomplished nothing by pushing back against Chinese officials.

China may show little respect for the rights of its citizens, but it is part of the world community. It makes sense to ban interactions with pariah regimes such as North Korea and Syria, and to prohibit companies from doing business in China in a way that leads to the direct persecution of citizens (something that could in fact arise from Apple’s plan to build a data center in China) or that involves prison labor. But we have no more right to impose our vision of free speech on China than, say, Canada does to insist that we adopt its immigration policies as a condition of doing business.

Besides, even most Western democracies do not have as expansive a view of free speech as we do — yet no one seems to find it outrageous that we accommodate ourselves to their laws when doing business overseas. In the early days of the commercial web, Yahoo was fined $15 million for violating French hate-speech laws that prohibited the display and sale of Nazi memorabilia. Such laws would be regarded in the United States as an outrage against the First Amendment. But of course Europe has a history with hate speech that, so far, we have been fortunate to avoid.

More recently, Google has had to contend with “the right to be forgotten,” as European Union countries — again led by France — have passed laws requiring that certain types of private information be removed from the internet. To comply, Google has set up an “EU Privacy Removal” form that lets users fill out a questionnaire about offending material.

As an online columnist for The Guardian from 2007 to ’11, I had to contend with British libel laws several times. My editors told me that some of my media and political commentary had to be toned down even though it wouldn’t have raised an eyebrow in this country. Indeed, at one time it was common for plaintiffs to engage in “libel tourism,” filing suits in the U.K. because they were more likely to win there than in the U.S. Reforms have made that less of an issue, but it is still far easier to win a libel suit in London than in New York. The difference is that, under the First Amendment, speech about public officials and public figures is protected except when it is egregiously and deliberately false.

All of this, I realize, is rather far afield from the oppression and violence experienced by anyone in China who refuse to conform. These examples do show, however, that American businesses see nothing abnormal about adapting their practices to other countries’ laws and traditions, even on fundamental values like freedom of expression.

In 1940 Sen. Kenneth Wherry, a Nebraska Republican, cast an eye toward China and declared, “With God’s help, we will lift Shanghai up and up, ever up, until it is just like Kansas City.” It was a naive view of American exceptionalism then, and it is expressed today by those who think we can use our economic leverage to bend China to our will.

We can’t, and Apple’s executives recognize that. Despite its repression, China today is freer than it was when Richard Nixon made his historic visit. We can hope that it will be more free in the future. By engaging with the Chinese on their own terms, we might be able slowly help that process along.

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A polite debate over Apple, the FBI, and encryption

Previously published at WGBHNews.org.

I had expected fireworks—or at least strong disagreements—when Internet privacy advocate Jonathan Zittrain and former CIA director John Deutsch debated the impasse between Apple and the FBI over a locked iPhone used by one of the San Bernardino shooters.

Instead, the two men offered nuance and a rough if imperfect consensus over how much access we should have to technologies that allow us to encrypt our personal data in ways that place it beyond the government’s reach.

“Many other paths to data are available. We are exuding data all over the place,” said Zittrain, a professor at Harvard Law School and the author of The Future of the Internet—And How to Stop It. “The FBI has chosen this case … in large part, I think, because there is so little privacy interest on the other side.”

Deutsch, an emeritus professor at MIT, sought to draw a distinction between law enforcement and terrorism investigations such as the San Bernardino case. Authorities say they need to know what was on the phone used by the late Syed Rizwan Farook because it might reveal the identities of accomplices who are planning future attacks.

“There’s a big difference between law enforcement and national security,” Deutsch said. Law enforcement, he explained, is about “catching bad people,” whereas the aim of national security is “to avoid a catastrophe.” There is a public interest in requiring cooperation from companies such as Apple in a national-security investigation, he said, with the courts setting boundaries for when such cooperation should be compelled.

If that sounds like disagreement, it was so polite and mildly worded as to create barely a stir. Indeed, people in the packed hall at Harvard’s Kennedy School on Monday evening—most of them Apple partisans, I suspect—seemed to appreciate a discussion that focused more on the fine points of technology and the law rather than on broad proclamations about Internet freedom versus the threat of terrorism.

Then, too, technology is changing so rapidly that the points raised during the debate may soon be obsolete.

Apple has been ordered to write software that will enable government investigators to gain access to Farook’s data; the company has filed an appeal seeking to overturn that order. But as Zittrain noted, Apple executives say they will soon offer encryption software to consumers that will make it impossible for anyone—even Apple itself—to break in. Such software, Zittrain added, is already available from various sources, which means that even if it were legally banned, it could still be used.

And that changes the nature of what’s at stake. As the San Bernardino case has played out, I’ve been more sympathetic to the government than to Apple. Why shouldn’t a corporation be required to comply with a court order to provide information in a terrorism investigation? And if it’s extraordinary to demand that Apple to write software so that the phone can be accessed, what of it? That’s simply a consequence of Apple’s engineering decisions.

As Deutsch put it: “That’s not really the essential point. It’s a minor part of the issue.”

On the other hand, I’m as uncomfortable as anyone with the idea that Apple and other companies could be forbidden to offer encryption so strong that even they would lack the means to bypass it. Requiring companies to build in a so-called back door would open the way not just to legitimate investigations but to privacy breaches and fraud, and would hand yet another tool to authoritarian governments seeking to repress dissent.

Zittrain and Deutsch talked about what role Congress and the courts might play in finding the proper balance between privacy and security. I asked them whether those institutions could have any role at all in a world in which no one but the end user would be able to bypass the encryption settings.

Zittrain responded that we have never lived in an era when every bit of data is accessible to a government investigator with a warrant. Even so, he said, there will continue to be vast amounts of personal data available to investigators despite the existence of strong encryption. “There’s a whole constellation of data points out there,” he said, calling it “an embarrassment of riches.”

I found Deutsch’s response more intriguing, reflecting as it did his both cloak-and-dagger days at the CIA and his long career in science.

“I don’t believe that phones irrevocably go dark,” he said, explaining that he believes Apple and other companies will retain the ability to unlock encrypted devices regardless of what they publicly proclaim. He also offered what he called “a suspicious paranoid point: all of these phones are made in China.” Would the Chinese government really allow the manufacture of technology that it couldn’t somehow access?

With technology changing so rapidly, Zittrain said, the current dispute between Apple and the FBI is “a bellwether rather than the case of the century.”

This time, in other words, Apple says that it won’t. Next time, it may say that it can’t.