 What's up folks? I'm Danny O'Brien. I'm the International Director here at the Electronic Frontier Foundation And we just got hold of an iPhone X and I don't know whether you watch many of these unboxing videos on YouTube But there's usually I know about 20 minutes at the beginning where they don't actually like Unbox it they look like they're gonna unbox it, but they don't actually unbox it They just fill it with like stuff and so I thought well Why don't I waste my time more productively and spend this bit of time before I unbox this Answering questions that have sort of gone an electronic frontier foundation Ben and I'll do that simultaneously or or near simultaneously with Unboxing this but by this point most of you will probably be kind of fast-forwarding and skipping to try and get to the bit Where I actually open the box so what I'm gonna do now is I'm just gonna look like I'm just gonna focus on this And it looks like I'm about to unbox it and then people have been fast-forwarding and skipping we'll see this and Stop and and I'll be able to talk to them. Great. You're back Well the first question we get here at the electronic frontier foundation when we start showing off our iPhone products Is they go? Don't you guys like hate this sort of stuff aren't you like kind of like open source Linuxy fanatics Well, the answer to that is no Technically we're free software fanatics. Good. Oh, yes. I'm sorry GNU free software fanatics. Thanks, Richard for emailing in and But that's that's also not true. In fact, we like all software hardware all new technology That's why we have joined here as activists technologists and lawyers and our main interest in this is protecting your right to use the technology that you want and Protect your ability to sort of transform that Use it the way you want maybe adapt it learn from it and tell other people about it That's what we're here And it's sort of in the spirit of Steve Jobs and Steve Wozniak like hacking on things and and taking a look at stuff Let me tell you about how we actually got this so about a couple of weeks ago We knew that Apple was getting sort of small supplies of these these devices But they they went very quickly so what we did Was we wrote a script the script actually automatically goes to the Apple Store website it types in my zip code and then it sort of presses the button automatically and then looks for the phrase unavailable in any local stores and if it doesn't see that message It it sends me a message going. Oh my god. There might be iPhones go crazy and it worked very well And what we learned from that is at six o'clock in the morning Every day our local here in San Francisco Apple Store gets like maybe two or something like that iPhone 10s and have I been calling it X all this time okay 10s and and What I did is I set an alarm on my generic Android and woke up at six o'clock and like went down and picked this up now a lot of companies actually get really mad at this kind of use of their websites and They they try and take people to court and actually argue in US courts that it should be a criminal offense to Basically click on a website funny in this way and so that means that potentially people who are just exploring the web or playing around with software like this could get arrested and And and and the companies would like them to be thrown in jail. So that's what why we at the electronic frontier foundation Use our lawyers to defend people like that and we also try and change the law to make it clearer That actually people should have the right to explore and code and innovate themselves So if you want to help us with that we're trying to change the computer fraud and abuse act And I imagine there's probably a link flying around that will show you how to do that Okay, so we've probably lost everybody who's fast-forwarding to the unboxing now. So I'm gonna do some more. Oh, oh, it's so Apple made in California. Oh, oh, I bet it makes a clicking noise when I you know actually can I In this isn't very EFFE, but can I just like take a small moment to vent a little bit? So if can we look at this? So if you see here, this says 941 and then and then a date Of the reason is is because when Steve Jobs first announced the iPhone It was at 930 41 on on September the 12th 2007 because this is the 10th anniversary So that's great. You know how to do that. But now look at this, right? So it's 941 But it says it's Tuesday September the 12th 2007 it wasn't a Tuesday To all any 17 it was a Tuesday. This is the 10th anniversary iPhone. So it was Launched on that debt, but I mean it wasn't launched at 9 o'clock Like everybody knows that it was launched at like 11 o'clock. They did a different time. So this should say 11 41 Tuesday September that and I've already written a letter But on the EFF head did no paper about this But that's the sort of thing that you know if Steve Jobs was alive, right? He'd be like he'd probably be like kicking someone right now So so another question that we often get here at the EFF isn't usually about the day What it's about is that if I'm dissing Steve Jobs or Apple or Criticizing people like can they sue me for copyright or trademark abuse or something like that because I've put it in the title of my YouTube video What's a really interesting question? I'm not a lawyer I just hang out with a lot of lawyers and this is not legal advice and I am not your lawyer and this is not an attorney client privileged YouTube video Unboxing but what I can tell you is that there is this right called nominative fair use nominative use in in US law and What that means is is that if you want to call an iPhone and iPhone when you're criticizing it as long as it doesn't sound like Apple you're like trying to imply that Apple sponsored it, which you may have noticed Apple did not sponsor this Or like you're connected in some way Then you you have that that ability and that was decided in court actually it was a 1992 case I think called new kids on the block versus America news on news America Apparently the big problem back in the 90s was that people were talking about new kids on the block too much rather than the Moment and and that established for everybody else that they were allowed to say new kids on the block or Apple online and you couldn't get sued just for for doing that And so that's a that's an interesting story And it also establishes one of the other things we do here at EFF Which is we try and establish new precedents when copyright or trademark law might like encroach on people's abilities to speak freely on On YouTube or any other vehicle we send in lawyers and we try and argue why it's important Okay, so that was probably a lot of conversation So what I'm going to do is I'm actually going you can stop fast-forwarding I'm actually going to open this so I'm more if you want to like okay Are we already because we can't like shoot this anymore? Okay? So the other thing that we kind of been getting a lot of questions. Oh look it does make a little clicking noise I'm actually getting kind of excited here. So there we go. It's now less shiny in the right studio lights I'm going to open up. It is in fact designed by Apple in California by artisans movie stars surfers tech bros and What we've got here and probably gonna break that so the other question that we get you get the little ear things But you still have to plug them in right should I trust touch ID are these things good for my digital security and We like to say It depends Because we spend a lot of time actually trying to protect people are pretty vulnerable from targeting from everybody from the NSA to to you know stalkers or harassers or petty criminals and The protection that something like face ID gives you Really depends on who your attacker who your target or is and if you're worried about that kind of thing You should go to our website Security surveillance self-defense ssd.eff.org and we sort of walk through this in a little bit more detail That's mostly a sort of tech Issue, but the other part of it is actually the law can interface with that too. I should touch it It's so magical and intuitive so the The way the law interacts with this is kind of interesting in the face ID and touch ID Replace passcodes and actually in US laws. There's a sort of stronger protections Against the government or law enforcement demanding that you hand over your passcode as opposed to demanding that you put your finger on your phone or That they can stick the They can stick the camera in your face and get it to unlock and that's actually because the Constitution and the Bill of Rights in the fifth amendment it there's a explicit prohibit prohibition against Self-incrimination and the courts are much more comfortable about the idea of self-incrimination being something about saying something that's in your head and revealing it then they really are about It just mysteriously turned on that's really creepy then then handing over your fingerprints or Or Taking a look at your face So that's another area that we'd love to keep pushing at the law to make sure that the legal protections around face ID and touch ID Just as strong as giving up your passphrase or passcode okay, so there's some other stuff that's kind of interesting in this which is that Apple have actually done a couple of other subtler things here to protect your security and a sort of legal framing One of them is that if you press this I believe it's this side button. Hello, bonjour Hello it If you press that five times it'll turn off face ID and touch ID if you've got an earlier Now rubbish phone and and that'll disable it and that's great Because if you're in a situation where you think someone's going to try and override touch ID or force you to look into it It'll it'll switch back. The other thing that Apple has done In this case is there's a lot of facial recognition knowledge that the device has on you, but it's all kept Locally, so it's not uploaded into the cloud It's not even uploaded into Apple servers and that's great because the amount of legal protection That you have against the government or hackers or anyone coming in or Apple even coming in and misusing that data It's much better if it's on your device because you own that device you have legal protections about that device and And you can see what's what's going on One of the issues here, of course though is you kind of have to trust Apple on that, right? They say they're not uploading that data, but because this is a proprietary Closed technology we don't actually have any insight and we don't know whether that's the case So and I think it's fair to say that Apple would be in a lot of trouble if it turned out that they were Handing the stator over to the US or other governments, but with the Snowden revelations, you know There's often sometimes there are things going on that we don't know about You may notice that I'm I'm actually a Brit and one of the things here at EFF that we're particularly worried about right now is a British law called the Investigatory Powers Act and That passed last year and what it gives the UK government the ability to do is to go to a company like Apple and Demand that they change the technology re-engineer What they're doing and also there's a gag order attached to that so they can go you need to change this You need to create a backdoor for us to be able to pull this data out or undo the encryption And you can't tell anyone that you change that and that's something that's going to really undermine the trust between Individuals and big companies like this and it means that that really in these situations where you've given these companies a lot of potential power Just based on on them keeping these secret secrets That could be all destroyed and undone by by law and by government and what we're worried about as we've seen this happen in the UK and The UK's obviously going to go after a lot of these big international companies We know that they're already putting a lot of pressure on what's app Facebook to change their systems and countries like Australia And and even the United States are looking to adopt that sort of model So if you see headlines in the next few weeks or months that make a big to-do about how Apple isn't Co-operating with the US government or the Australian government. That's what they're trying to do They're trying to set the environment so they can create secret gag orders that will allow them to re-engineer this to maybe hand over this data So we're obviously kind of fighting that kind of thing And if you want to know more about that you can go to our website and learn a little bit more about our battle including lawsuits and including Speaking to judges and advising people and creating stronger laws with our lawyers technologists and Activists, okay, I can't believe I spoke this long without touching my my iPhone So I think we're gonna do some subtler investigative work On the product maybe Involving downloading some games checking out their terms of service make sure that they're they're truly Privacy protected. Thank you very much. Oh, it's ringing. That's kind of weird That's that is actually weird because I haven't put a I haven't put a sim card in there. Huh, okay I'm actually just gonna put that on voicemail for a moment I bet I we should probably go but um In the meantime go to our website if you enjoy the rights You have on the internet and you would like to protect them and support us You can also join your local digital rights group. We have the electronic frontier Alliance lots of really great organizations around the United States and there are digital rights groups probably in your country as well and I should get this so New phone who this