Legal experts WIRED spoke with say that the ICE monitoring and documentation apps that Apple has removed from its App Store are clear examples of protected speech under the US Constitutionās First Amendment. āThese apps are publishing constitutionally protected speech. They’re publishing truthful information about matters of public interest that people obtained just by witnessing public events,ā says David Greene, a civil liberties director at the Electronic Frontier Foundation.
This hasnāt stopped the Trump administration from attacking the developers behind these ICE-related apps. When ICEBlock first rose to a top spot in Appleās App Store in April, the Trump administration responded by threatening to prosecute the developer. āWe are looking at him,ā Bondi said on Fox News of ICEBlockās Aaron. āAnd he better watch out.ā
Neither the White House nor ICE immediately responded to requests for comment.
Digital rights researchers say that the situation illustrates the dangers when key platforms and communication channels are centrally controlledāwhether directly by governments or by other powerful entities like big tech companies. Regardless of what is officially available through the Google Play store, Android users can sideload apps of their choosing. But Appleās ecosystem has always been a walled garden, an approach that the company has long touted for its security advantages, including the ability to screen more heavily for malicious apps.
For years, a group of researchers and enthusiasts have tried to create ājailbreaksā for iPhones to essentially hack their own devices as a way around Appleās closed ecosystem. Recently, though, jailbreaking has become less common. This is partly the result of advances in iPhone security, but partly related to the trend in recent years of attackers exploiting complex chains of vulnerabilities that could potentially be used for jailbreaking for malware instead, particularly mercenary spyware.
“The closed ecosystem motivation sort of dwindled as Apple added capabilities that previously required a jailbreakālike wallpapers, tethering, better notifications, and private mode in Safari,” says longtime iOS security and jailbreak researcher Will Strafach. āBut this situation with ICE apps highlights the issue with Apple being the arbiter and single point of failure.ā
Stanfordās Pfefferkorn warns that while US tech companies are not state-controlled, they have in her view become āhappy handmaidensā when it comes to ārepressing free speech and dissent.ā
āItās especially disappointing,ā Pfefferkorn says, ācoming from the company that brought us the Think Different ad campaign, which invoked MLK, Gandhi, and Muhammad Aliānone of whom would likely be big fans of ICE today.ā