• Home
  • Latest
  • Fortune 500
  • Finance
  • Tech
  • Leadership
  • Lifestyle
  • Rankings
  • Multimedia

Trendingnow

1

Now worth $200 million, Sarah Jessica Parker credits being ‘one of eight kids that struggled financially’ for her hunger, ambition, and work ethic

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Amazon's record Prime Day masks a darker truth: Americans are spending more and getting less

1

Now worth $200 million, Sarah Jessica Parker credits being ‘one of eight kids that struggled financially’ for her hunger, ambition, and work ethic

2

MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year

3

Amazon's record Prime Day masks a darker truth: Americans are spending more and getting less
Tech

Will Apple Go the Way of Lavabit?

By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
By
Philip Elmer-DeWitt
Philip Elmer-DeWitt
Down Arrow Button Icon
March 18, 2016, 11:40 AM ET
Photograph by Gage Skidmore — Flickr
Add Fortune on Google for similar content.

According to a report in Friday’s New York Times, some of Apple’s top encryption engineers have threatened to resist—or even to quit—rather than comply with a court order to disable the iPhone security system they created.

That’s a game that doesn’t end well. Just ask Ladar Levison.

Levison is the creator of Lavabit, a private e-mail service that was designed to make it impossible for outsiders—hackers or governments—to spy on its users’ communications. He offered NSA-quality encryption and made a point of not logging the messages that passed through his system. That way if slapped with a subpoena he could honestly say—as Apple does today—that he didn’t have anything to give up.

Then in 2013 the FBI asked Levison for something he did have.

Edward Snowden, the whistleblowing spy, had been using Lavabit to e-mail reporters, and the FBI wanted real-time access to Snowden’s metadata—with whom he was communicating, when, and from where. A federal court ordered Levison to start logging Snowden’s communications. Then, figuring that Snowden was savvy enough to use encryption that couldn’t be cracked by brute force, the government also demanded that Levison hand over Lavabit’s private encryption key—something the Justice Department has threatened to demand of Apple (AAPL) as well.

Subscribe to Data Sheet, Fortune’s daily tech newsletter.

With Lavabit’s key in hand, the FBI could intercept messages sent not just by Snowden, but by any of the service’s 400,000 users.

Levison objected. “The whole concept of the Internet was built on the idea that companies can keep their own keys,” he said. But prosecutors assured the court that they weren’t interested in 400,000 users, just Snowden, and Levison was ordered to comply.

When he realized he had no choice, Levison handed in the key—a long string of random numbers—printed out in type too tiny to be read or scanned.

Prosecutors were not amused, and neither was the court. Judge Claude H. Hilton slapped Levison with a $5,000-a-day fine until he turned over the key in digital form.

Two days and $10,000 later, Levison complied—in a manner of speaking. He gave up his digital key and at the same time shut down his business. That double maneuver, a prosecutor later told his lawyer, nearly landed Levison in jail.

For more on Apple vs. FBI, watch:

The Levison case has come up twice in the standoff between Apple and the FBI: Once, when Levison filed a friend-of-the-court brief in support of Apple. And a second time in the now-infamous Footnote Nine, copied below, in which Department of Justice lawyers cite Levison (In re Under Seal…) as precedent for seizing Apple’s source code and its private electronic signature.

9. For the reasons discussed above, the FBI cannot itself modify the software on Farook’s iPhone without access to the source code and Apple’s private electronic signature. The government did not seek to compel Apple to turn those over because it believed such a request would be less palatable to Apple. If Apple would prefer that course, however, that may provide an alternative that requires less labor by Apple programmers. See In re Under Seal 749 F.3d 276, 281-83 (4th Cir. 2014) (affirming contempt sanctions imposed for failure to comply with order requiring the company to assist law enforcement with effecting a pen register on encrypted e-mail content which included producing private SSL encryption key).

Would the world’s most valuable company, if ordered by the Supreme Court to hand over its crown jewels, comply and then go out of business? That seems ludicrous. But make no mistake about it. If you follow the government’s logic, that’s where this case is headed.

About the Author
By Philip Elmer-DeWitt
See full bioRight Arrow Button Icon
Add Fortune on Google for similar content.

Latest in Tech

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025

Most Popular

Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Finance
Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam
By Fortune Editors
October 20, 2025
Fortune Secondary Logo
Rankings
  • 100 Best Companies
  • Fortune 500
  • Global 500
  • Fortune 500 Europe
  • Most Powerful Women
  • World's Most Admired Companies
  • See All Rankings
  • Lists Calendar
Sections
  • Finance
  • Fortune Crypto
  • Features
  • Leadership
  • Health
  • Commentary
  • Success
  • Retail
  • Mpw
  • Tech
  • Lifestyle
  • CEO Initiative
  • Asia
  • Politics
  • Conferences
  • Europe
  • Newsletters
  • Personal Finance
  • Environment
  • Magazine
  • Education
Customer Support
  • Frequently Asked Questions
  • Customer Service Portal
  • Privacy Policy
  • Terms Of Use
  • Single Issues For Purchase
  • International Print
Commercial Services
  • Advertising
  • Fortune Brand Studio
  • Fortune Analytics
  • Fortune Conferences
  • Business Development
  • Group Subscriptions
About Us
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • About Us
  • Press Center
  • Work At Fortune
  • Terms And Conditions
  • Site Map
  • Facebook icon
  • Twitter icon
  • LinkedIn icon
  • Instagram icon
  • Pinterest icon

Latest in Tech

GTA 6 release date is finally here—but the $80 price tag and missing disc have gamers furious
Arts & EntertainmentGaming
GTA 6 release date is finally here—but the $80 price tag and missing disc have gamers furious
By Whizy Kim and Tech BrewJune 25, 2026
50 minutes ago
stock
InvestingMarkets
How one chip stock reversed the global tech selloff, exposed AI’s ‘memory tax’ and made the case for an entire valuation regime change
By Nick LichtenbergJune 25, 2026
4 hours ago
Larry Ellison quietly gave $45 million to a pro-Trump group—then Oracle landed a starring role in a $500 billion AI buildout
PoliticsLarry Ellison
Larry Ellison quietly gave $45 million to a pro-Trump group—then Oracle landed a starring role in a $500 billion AI buildout
By Sydney LakeJune 25, 2026
4 hours ago
Sundar Pichai
SuccessCareers
Google CEO tells graduates to stop obsessing over first jobs because ‘very few moments are make or break’ in life—a lesson he learned in Vegas
By Preston ForeJune 25, 2026
5 hours ago
Softbank CEO dismisses Elon Musk’s extraterrestrial data center idea in favor of maximizing Earth-side construction now: ‘He who strikes first wins’
AITech
Softbank CEO dismisses Elon Musk’s extraterrestrial data center idea in favor of maximizing Earth-side construction now: ‘He who strikes first wins’
By Marco Quiroz-GutierrezJune 25, 2026
5 hours ago
VivaTech entrance in Paris.
NewslettersEye on AI
Europe’s AI wake-up call: cybersecurity threats, sovereignty fears, and a growing demand for ROI dominated VivaTech
By Beatrice NolanJune 25, 2026
6 hours ago

Most Popular

Now worth $200 million, Sarah Jessica Parker credits being ‘one of eight kids that struggled financially’ for her hunger, ambition, and work ethic
Success
Now worth $200 million, Sarah Jessica Parker credits being ‘one of eight kids that struggled financially’ for her hunger, ambition, and work ethic
By Orianna Rosa RoyleJune 24, 2026
2 days ago
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
Success
MacKenzie Scott alone accounted for one-third of America's $19.2 billion in megagifts last year
By Sydney LakeJune 25, 2026
13 hours ago
Amazon's record Prime Day masks a darker truth: Americans are spending more and getting less
Retail
Amazon's record Prime Day masks a darker truth: Americans are spending more and getting less
By Nick LichtenbergJune 24, 2026
1 day ago
Ray Dalio just finished a 10-day trip to China. He says global leaders know America ‘doesn’t have what it takes to fight to maintain its empire’
Asia
Ray Dalio just finished a 10-day trip to China. He says global leaders know America ‘doesn’t have what it takes to fight to maintain its empire’
By Nick LichtenbergJune 24, 2026
1 day ago
After forcing workers back to the office, Goldman Sachs and JPMorgan Chase are now letting their staff work remotely—but only for the World Cup
Success
After forcing workers back to the office, Goldman Sachs and JPMorgan Chase are now letting their staff work remotely—but only for the World Cup
By Orianna Rosa RoyleJune 23, 2026
2 days ago
Ikea’s billionaire founder was so frugal that he bought clothes from flea markets and took free salt and pepper from restaurants
Success
Ikea’s billionaire founder was so frugal that he bought clothes from flea markets and took free salt and pepper from restaurants
By Orianna Rosa RoyleJune 25, 2026
13 hours ago

© 2026 Fortune Media IP Limited. All Rights Reserved. Use of this site constitutes acceptance of our Terms of Use and Privacy Policy | CA Notice at Collection and Privacy Notice | Do Not Sell/Share My Personal Information
FORTUNE is a trademark of Fortune Media IP Limited, registered in the U.S. and other countries. FORTUNE may receive compensation for some links to products and services on this website. Offers may be subject to change without notice.